Acts of the Court of High Commission

Calendar of State Papers Domestic: Charles I, 1634-5. Originally published by Her Majesty's Stationery Office, London, 1864.

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'Acts of the Court of High Commission', in Calendar of State Papers Domestic: Charles I, 1634-5, (London, 1864) pp. 108-127. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1634-5/pp108-127 [accessed 19 April 2024]

In this section

ACTS OF THE COURT OF HIGH COMMISSION,

During the Month of June 1634,

In continuation of those for May in that year published in this Volume at p. 49–54. They are derived from Domestic, Charles I., Vol. cclxi.

June 3. Vol. cclxi., fol. 31. Thomas Hesketh, of Blackburn, Esq., John Disley and Thomas Boulton, his servants. Having rescued themselves from the mandatories or officers of this court, a new attachment was decreed against them, that against Mr. Hesketh on pain of 200l., that against his servants on pain of 100l. a-piece.
Theophilus Barlow, of Rufford, Thomas Ridley, of Crofton, Margaret alias Peggy Halsell, and Jenetta Dobson, of Martholme, co. Lancaster. To be attached to answer articles.
June 9. Thomas Player, of the parish of St. Leonard, East Cheap, hosier, and William Adams, woollen draper, of the same. Appeared and took oath to answer articles.
fol. 31 b. George Wright, Judith his wife, and Owen George of Shrewsbury. The like.
Henry Lort, of Stackpool Court, Pembroke. The like.
June 10. Job Tookey, clerk, curate of Mortlake, Surrey. The like.
Thimelbie Holden, clerk, rector of Little Warley, Essex. The like.
June 12. Richard Field, of Stroud, Gloucester. The like.
Ralph Tether and his pretended wife. Witnesses on behalf of defendant produced.
Roger Brereton, of Newcastle, co. Stafford, gent., and John Mainwaring, clerk, rector of Stoke-upon-Trent. Appeared and took oath to answer articles.
David Hooganhosen Witnesses on behalf of defendant produced.
fol. 33. Toby Crispe, clerk To appear this day to purge himself sexta manu from the crime of simony.
Theophilus Brabourne, clerk, prisoner in the Gatehouse. Defendant appeared in custody. His keeper required to bring him up again that day fortnight for definitive sentence.
Anthony Lapthorne, clerk Adjourned to the next court, when Lapthorne to appear to receive sentence.
Roger Hatton To be discharged from the messenger upon bond.
John King and others, of Dundry. Cause to be sentenced next court day.
fol. 33 b. Amy Holland On question of taxation of costs defendant petitioned for mitigation of fine and enlargement. It was ordered, that the court having no power to mitigate fines once certified, the fine not certified should be mitigated, and she be enlarged if she gave bond to keep no more houses of bawdry and paid expenses.
June 12. Vol. cclxi., fol. 33 b. Pamplin, Blomfield, and others Order for taxation of costs next court day.
John Hubbock, clerk The like.
Richard Parry Taxation of costs confirmed.
Roger Hatton Offered bond to prove payment of the 40l. received by him in pios usus. Ordered to be enlarged on giving such bond.
Toby Crispe To appear this day to purge himself sexta manu of simony. [See p. 108.]
Ralph Tether and Margaret his pretended wife. Witnesses to be examined before next court day.
Henry Mitten Reference to consider of his answers.
fol. 34. Francis Wright, clerk (first cause). Cause to be heard this day fortnight.
Augustine Holl Referred to Sir Nathaniel Brent and Dr. Wood.
Michael Kelly Time assigned for proof of articles.
Henry Lovell and Frances his pretended wife. Sir Charles Cæsar and Dr. Gwynn to report on next court day.
Nathaniel Cannon, clerk, and William Weldon, esq. Depositions published.
William Clifford, clerk Depositions published, and cause to be sentenced the last court day of this term.
John Pincombe, of Poughill, Devon. Appeared and ordered to answer additional articles.
Richard Walker, clerk, prisoner in the Gatehouse. Next court day to consider the sufficiency of his answers.
fol. 34 b. Robert Waldegrave, of the Savoy. The second court day in Michaelmas Term assigned to the promoter to produce his proofs.
John Laverock, prisoner in Bridewell. Appeared and was remanded back to Bridewell, and the keeper to set him to work, for that it appeared he was never in holy orders as he pretended.
Richard Walker, clerk, prisoner in the Gatehouse. The next court day to determine the sufficiency of his answers. [See entry, fol. 34.]
Francis Con, gent. Upon report of Sir Henry Marten and Dr. Eden, the court resolved to allow the promoter no alimony, but left her to the Arches Court, so dismissed defendant and his cause.
Thomas Wicherley, Richard Wicherley, and Thomas Wickstead. Thomas Wicherley appeared and took oath to answer articles; an attachment ordered to go forth against the other two for non-appearance.
Richard Nancy and Catherine his wife. Attachment ordered for not submitting to examination.
Margaret Umpton Depositions of witnesses published.
John Freake, of St. Andrew's, Holborn, glazier. The next court day given to promoter to determine whether he will stand on defendant's answers or proceed to proof.
fol. 35. Thomas Stone of St. Laurence, Old Jewry, haberdasher Promoter's counsel having signified that he would not insist on defendant's answers he was licensed to depart on bond.
June 12. Vol. cclxi., fol. 37. Henry Roburrow, clerk, curate of St. Leonard's, Eastcheap. Examined, and cause to stand till the churchwardens be examined.
John Hopkins, of Tidenham, co. Gloucester. Bond to be certified and he attached for non-appearance.
Richard Fowell, clerk, vicar of Lowesby, co. Leicester Cause continued until the next court day.
William Tyler, vicar of Witheridge and Bishop's Nympton, Devon. Upon paying what is due and giving security for the future, defendant to be enlarged out of prison.
John Kellett, of Boston, co. Lincoln. To be attached if he do not appear the next court day.
Sir William Hellwys (second cause). Having been ordered to appear under the custody of his keeper, he appeared not, whereupon Jeremy Davison's man was committed to the Gatehouse.
Amy Haynes and John [James ?] Blithe. On petition of Mrs. Haynes the cause appointed to be sentenced this term, and if that cannot be done Mrs. Haynes to be spared from personal attendance.
Dr. Dennison Defendant, although questioned for invective speeches heretofore used in his pulpit, still went on in the same manner, whereupon the court, holding it unmeet to have him use the pulpit as a place for revenge of his malice, referred the same to the Bishop of London, and ordered defendant to put in and prove his defence.
fol. 35 b. Dr. [Sir] Richard Strode This cause having been commended to this court by the Council, both parties were ordered to bring in their briefs, and Sir Richard to attend to hear judgment at the next court day.
George Browne, Esq., Eleanor his wife, and John Cole. Monition to Browne to bring to the office the popish stuff and books taken by John Wragg, the messenger, in his house, and to appear to hear the judgment of the court, whether the answers of the defendants were sufficient.
Gerance James, clerk, rector of Paulerspury, co. Northampton. A petition on defendant's behalf rejected and time given to the promoter to prove his case.
John Vicars On defendant's petition for mitigation of costs the court was informed that he had performed his submission in a slight and contemptuous manner, whereupon the cause was referred to a further hearing in Michaelmas term, and in the meantime the court to be better informed in what manner the submission had been performed.
fol. 36. John Workman, clerk Being convented before the Bishop of Gloucester for the scandalous matter of some of his sermons, the Bishop required him to bring in copies of the same, which he had refused to do. A monition was decreed for him to bring notes or copies of the same sermons into this court on the first court day of Michaelmas term.
June 12. Vol. cclxi., fol. 36. George Wright, Judith his wife, and Owen George. The cause to go on in an ordinary course. Promoter to bring in additional articles and defendants to be examined thereon.
John Howe, clerk Defendant to propose his defence before the last court day of this term.
William Frost, clerk Publication of depositions decreed and cause to be sentenced next court day.
Anselm Humphrey Promoter has till next court day to consider of defendant's answers.
John Bastwick, M.D. His defence admitted and time given to prove the same.
fol. 36b. William Stone, of Wimborne Minster. His answers alleged to be defective. Reference to Commissioners to give order if they find the answers insufficient.
John James, of Landulph, Cornwall. Time given to counsel of promoter to signify whether he will insist on defendant's answer or go to proofs.
Amy [Anne ?] White, widow, of St. Martin's-in-the-Fields. Reference to Commissioners at informations, and if they shall find that it was Mrs. Whiting who has a door open into Covent Garden that entertained Sir Richard Letchford's daughters, and not Amy White, then to give order for her dismission.
Christopher Ayres; suit promoted by Mabel his wife. Cause referred to Sir John Lambe and Sir Charles Cæsar.
Emanuel Bradley Defendant dismissed and his bonds cancelled, he paying his fees.
Ralph Jones, clerk, curate of Corringham, Essex. Reference to consider whether cause fit to be retained or dismissed.
Richard Westland and others, of Boston. Depositions of witnesses examined for the defence published.
fol. 37. Sir Thomas Southwell and Mary Eden (second cause). Attachment decreeed against certain witnesses to bring them in to be examined.
Richard Massey, clerk Cause referred to Dr. Aylett.
Tristram Hinchcliffe, of Timberland, co. Lincoln. Day assigned to promoter to prove articles.
Richard Saunders, of Lynn, George Gawsell, of Watlington, Edmund Warne, and John Hansell, of Congham, co. Norfolk. The like.
Thomas Stevens, clerk Report by referees that two of the promoter's interrogatories were scandalous.
William Fox, John Ponder, Thomas Wells, and William Dodson, of Rothwell, co. Northampton. Time given to the promoter to signify whether he would insist on the answers of defendants or go to proof.
Thomas Ellis Time allowed defendant to propound a defence.
fol. 37 b. Richard Murray, S.T.P. Defendant standing questioned for dilapidating the goods of the lands of the College of Manchester, on motion he was called in to receive an admonition not to alienate any of the said goods. Commission decreed for examination of witnesses, and names of Commissioners stated.
June 12. Vol. cclxi., fol. 37 b. Edmund Thomas, of Westerham, Kent. To be attached for contempt.
Sarah Jones, wife of Thomas Jones, of Water Lambeth, Surrey. Refusing to take oath to answer articles, she was committed to the Gatehouse, but afterwards discharged upon bond for her appearance.
John Davie, of St. Martin's-in-the-Fields, freemason. Cause continued to the next court day.
John Lathrop, of Lambeth Marsh. Bond to be certified and he attached if he appear not on the next court day.
Job Tookey, clerk, and William Wise, schoolmaster. Wise took oath to answer articles and both ordered to be examined.
Robert Veisey the elder, of Chimney, in Bampton, co. Oxford. Upon affidavit of his disability to travel a commission and bond ordered to be sent down, and the registrar to take his answers and bond for performance of the order of this court.
fol. 38. Thomas Webb, of Painswick, clothier, and Richard Field, of Pakenhall, in Stroud, co. Gloucester. Webb appeared and took oath and both admonished to be examined and to appear according to their bonds.
Henry Lort, of Stackpool Court in St. Petwick [Petrox], co. Pembroke. Ordered to be examined before next court day.
Francis Squire, clerk, rector of Rearsby. Upon affidavit of defendant's disability to travel commissions decreed to take his answers and for examination of witnesses.
Bartholomew Garwell, of Hale Magna, co. Lincoln. Appeared and took oath to answer articles.
Philip Earl of Chesterfield No sufficient bond having been entered for the prosecution defendant was dismissed and his bonds cancelled.
John James, of [Burton], in co. Northampton. Cause referred to Sir John Lambe.
Sir William Cade Counsel for Lady Cade having moved that in regard that Sir William's means are increased, and that he has put her out of her servants and vexed her and her servants in suits of law, her alimony should be increased, the consideration thereof was referred to Sir Henry Marten and Dr. Wood.
fol. 38 b. John Laverock, prisoner in Bridewell. Ordered to appear this day in custody of the keeper.
Roger Brereton, of Newcastle, co. Stafford, and John Mainwaring clerk. Appeared and took oaths and were ordered to be examined upon articles.
Sir John Astley, of Maidstone Being unable to travel a commission to take his answers and a bond to be sealed by him were decreed by the court.
Nanney Lloyd A more sufficient bond to prosecute to be entered into and reference to Dr. Wood to report on the state of the cause.
Edward Weaver and William Apsley, wardens of the Stationers' Company. Appeared and took oath to answer articles.
fol. 39. William Granger and William Batty. Refused to take oaths or to answer articles and were committed to the Gatehouse.
June 12. Vol. cclxi., fol. 39. John Blackleech, Susannah Norton, Elizabeth Chequett, Thomas Priggett, Maria Altin, and Sarah Jones. The first-named appeared not, the second refused to take her oath, Priggett was enjoined to repair to Dr. Featley, Altin appeared and her father's bond was accepted for her future appearance.
Augustine Moreland Publication of depositions ordered and a defence to be propounded within a fortnight.
Robert Dickenson, of All Saints in Lombard Street, London. Referred to Dr. Duck to tax expenses of suit and alimony and to set down further order.
Francis Wright, clerk Witness for defence sworn.
Sir Thomas Southwell (first cause). An attachment, with an intimation upon pain of 20l. fine, decreed against Sir Thomas for non-payment of alimony due to his wife.
Anne Maslin, prisoner in the Gatehouse. Upon answers given to articles and security given to be forthcoming defendant to be released.
John Westborne Appeared and took oath and was admonished to submit to examination.
fol. 39 b. Paul Powle Intimation upon pain of 100l. decreed against him to bring him in to perform the order of the court.
Thomas Williams, of Chew Magna. Cause to be prepared for being finally sentenced.
Thomas Hesketh, co. Lancaster, and Thomas Bolton. To appear by bond.
Henry Mayhoe [Mayhew ?] and others. Motion referred to informations for full answers.
John Ekins Cause to be sentenced on the second court day next following.
Elizabeth Freeman, alias Gogh, of Ludlow, Salop. Non-appearance according to letters.
John Laverock His petition and certificates read.
Josiah Hart, of Lyme Regis, Dorset. An attachment decreed.
[John] Pincombe To answer articles and to pay the messenger before he be discharged.
Sir William Hellwys Jeremy, the deputy keeper of the Clink, appeared and was committed to the Gatehouse.
John Workman Ordered to be monished to bring in his sermon.
George Wright, Owen George and others of Shrewsbury. The cause to proceed in ordinary course.
John Bastwick His defence referred to any of the Commissioners.
Richard Westland Depositions of witnesses published.
Dr. Murray Monition not to alienate.
[Henry] Lort Additional to be brought in before next court day.
Edmund [Edward] Weaver and William Aspley, Henry Seale, and the other. Appeared and took oaths to answer articles.
Thomas Hesketh and Thomas Bolton. The like, 400l. for Hesketh and 100 marks for Bolton.
fol. 40. [George] Burdett, clerk His defence referred to Sir John Lambe and Dr. Gwynn.
June 12. Vol. cclxi., fol. 40. [Matthew] Brooks and [Thomas] Cheshire. Referred to Sir Henry Marten and Sir John Lambe to consider of the articles.
Dr. Dennison Referred to the Bishop of London to take order that he should not use personal taxations in the pulpit.
Nicholas Carew and his pretended wife. Ordered on their petition to be brought with their keeper to the office, and if they will take their oaths to answer articles and give bond to be forthcoming they may be enlarged.
John Vicars Letters to be sent to the minister and churchwardens to certify how Vicars performed his penance.
fol. 40b. Francis Wright, clerk, vicar of Witham, Essex. Long statement of past proceedings in this cause, and motion made that the hearing of the same might be postponed until a new cause against Mr. Wright and one against Margaret Claydon and another against some of the witnesses were ready for hearing. The court ordered this cause to be heard the last court day of this term, or the first of the succeeding term.
fol. 41. Thomas Williams, of Chew Magna, Somerset. Suit for alimony. Motion made impeaching the credit of Ursula Shephard, a witness produced by the promoter, and another motion for a reference to tax alimony and charges. Both motions referred to Sir John Lambe and Dr. Eden, who are to set down order between Williams and his wife.
fol. 41 b. Francis Squire, clerk, rector of Rearsby. Defendant being an old weak man, a commission granted to take his answers in the country.
John Clerke the elder, of Tealby, co. Lincoln. For interrupting divine service in his parish church. William Warde, vicar of Tealby, whilst reading divine service on 3d August 1628, spied John Clerke the younger, son of defendant, in the church, whereupon he said to Thomas Fetherby, one of the churchwardens, "Take away young John Clerke, for he is excommunicated." Defendant, being the other churchwarden, stood up in his pew, and said, that his son was absolved, which was the fact. Warde asked to see the absolution, but defendant replied, they had it not then to show. Defendant then went out of his pew and told his son to sit still, saying also to Warde, "Sir, we will have you out ere long," whereupon the congregation departed. On another occasion, about four or five years since, defendant laid violent hands on Edward Fawcett, and thrust him out of the church. The court ordered defendant to attend next term to receive a judicial admonition, and condemned him in good costs and charges to the prosecutor.
June 12. Vol. cclxi., fol. 42 b. George Burdett, clerk Defendant's defence admitted and time given for proof of the same. Motion for delivery to him of his first bond for appearance, he having given a second bond under an order of the court. This motion being objected to, in regard that he stood charged with blasphemy, schism, and other crimes of foul nature, it was referred to Sir Henry Marten and Sir John Lambe.
fol. 43. Matthew Brooks and Thomas Cheshire, clerks, of Yarmouth, Norfolk. Brooks appeared and took oath to answer articles. Cheshire alleged that he could not appear in person in Mr. Brooks's absence, having to officiate the cure of Yarmouth, that being a populous and great parish, and therefore prayed a commission which was granted. It was further alleged that Mr. Burdett being questioned in this court at the suit of Mr. Brooks, he had maliciously preferred these articles against the defendants, the consideration whereof was referred to Sir Henry Marten and Sir John Lambe.
fol. 43 b. Thomas Austen, clerk, rector of Grafton Regis, Northampton. On certificate of the registrar reciting an act of the Court of Arches the court ordered Austen, the suspended rector of Grafton Regis, to pay to Mr. Tedder, appointed to officiate the cure of the same parish, in the church porch thereof, 10l. 16s. 8d., arrears of his stipend, and from henceforth to pay the same stipend by quarterly payments of five marks, and in default of any payment an attachment to issue.
fol. 44 b. Toby Crispe, clerk, rector of Brinkworth, Wilts. In pursuance of intimation served upon Toby Crispe, he appeared and produced for his compurgators, William Lawnce, M.A., parson of Harrow, Nicholas Gibbons, M.A., parson of Sevenoaks, Martin Watson, M.A., parson of Halstead, John Emerson, M.A., curate of Shoreham, John Palmer, M.A., curate of Otford, Samuel Bolton, M.A., curate of Harrow, and James Manning, M.A., curate of Norwood. Having prayed that these persons, all men of his own rank and quality, might be admitted compurgators, proclamation was thrice made that all persons who could say anything against Crispe, or his compurgators, should appear and propound their objections. None appearing, the court decreed to proceed. The counsel for the office urged what they had collected to deter the compurgators from proceeding, and Crispe's counsel urged what they thought meet in his defence. After which Crispe took his oath, on the Holy Evangelists, that he had not committed simony in obtaining the rectory of Newington in Surrey, or in procuring Mr. Durrant's resignation, or his own institution: and the compurgators took their oaths, in like manner, that they believed he had taken a true oath. Which done the court pronounced Crispe to have canonically purged himself, and decreed letters testimonial thereof, and, so far as they could, restored him to his good name. The charges to be moderately taxed against him on the next court day.
June 14. fol. 40. Nicholas Carew and Mary his wife, prisoners in the Gatehouse. They appeared and took oath to answer articles, whereupon they were ordered to be examined ore tenus by the registrar, without any further ado, being in the meantime discharged out of prison, and little or nothing taken for fees in regard of their poverty. On examination they declared themselves no way schismatically affected, and that they came to the house of John Blackleech, in Angel Alley, Bishopsgate Street, upon his invitation, he employing Carew in his trade of button making, and that there was no exercise of religion performed there in their presence; whereupon they were discharged.
June 16. fol. 46. Thomas Wickstead of St. Giles'-in-the-Fields. Appeared and took oath to answer articles.
Jeremy Beerman, prisoner in the Gatehouse. Upon perusal of the positions made on his behalf, and on his promise to bring Sir William Hellwys before the court next court day, defendant is ordered to be enlarged out of prison.
Benjamin Pratt, silk weaver, of St. Andrew's, Holborn. Being showed a schismatical book entitled "A Treatise of the Separation of the Church of England," of which 20 copies were brought to the Custom House from Amsterdam, Pratt acknowledged that he came to fetch them away, but refused to answer by whom he was sent, or to whom they were consigned, and was committed to the Gatehouse.
fol. 46 b. Humphrey Robinson, of London, stationer. Appeared and took oath to answer articles.
Sir Thomas Southwell and Mary Eden (second cause). Witnesses for defendants sworn.
June 18. Sir William Font [Faunt] Appeared and took oath.
June 19. Philemon Stephens [Stevens] and Henry Seale of St. Faith's, London. Appeared and took oaths to answer articles.
Ralph Tether and Margaret his wife. Witnesses for defendants sworn.
John Oldham, clerk, rector of Shipton Moigne. Appeared and took oath to answer articles.
fol. 47. Nathaniel Hawthorne of Cookham, Berks. Appeared and took oath.
Jenkin Lloyd, Dorothy his wife, and Robert Fisher. The like.
June 19. Vol. cclxi., fol. 47 b. William King and William Wade, of Dundry, Somerset. Cause to stay till Michaelmasterm, and in the meantime all suits at common law and here depending to cease, by reason that this court especially aimed to settle a future peace betwixt the minister and the parishioners.
Augustine Holl Cause continued to next court day.
Sir Richard Strode Touching the misdemeanor urged against defendant, he was dismissed without allowance of charges to either party.
Anthony Lapthorne, clerk, rector of Tretire co. Hereford. Next court day assigned for final sentence.
fol. 48. Toby Crispe Taxation of costs deferred to next court day.
John Clerke The like.
Pamplin and others The like.
John Hubbock, clerk The like.
Ralph Tether and Margaret his pretended wife. Monition to witnesses to attend to be examined.
Henry Mitten Commission decreed for examination of witnesses.
John Pincombe Defendant examined; time given to promoter to prove his case, and defendant licensed to appear by his proctor.
fol. 48 b. Richard Walker, prisoner in the Gatehouse. Defendant having alleged that he was a minister in holy orders, but could never be brought to show his letters of orders, he was admonished to make full answers and produce his letters of orders, and this done he might be enlarged upon bail.
Thomas Wicherley, Richard Wicherley, and Richard Wickstead, citizens of London. The two Wicherleys to be attached, if not examined, before next court day. Wickstead appeared and took oath to answer articles.
Margaret Umpton A month given to put in her defence.
fol. 49. Edmund Gifford, clerk, rector of Bottescombe [Boscombe.] Appeared and took oath to be obedient to law, and to stand to the mandates of the church, whereupon he was restored to the execution of his ministry, but letters of intimation were not to be extracted till he had satisfied the orders of the court and paid the costs.
John Freake Day assigned for determining whether defendant had fully answered or not.
Henry Roburrow, clerk, and the churchwardens of St. Leonard's, East Cheap. Roburrow having been examined was licensed to depart and appear by his proctor, time being given for the King's advocate to consider of his answers.
John Hopkins Attachment decreed.
Richard Fowell, clerk, vicar of Lowesby, co. Leicester. Sir William Font [Faunt], Mr. Fowell's patron, having been called up to answer articles and given in his answer, the cause was continued to the next court day.
fol. 49 b. John Kelles [Kellett] of Boston Next court day assigned for his appearance.
June 19. Vol. cclxi., fol. 49 b. Nathaniel Cannon, clerk, and William Weedon. To be sentenced next court day, or first court day of next term.
George Browne, Eleanor his wife, and John Cole. Commission decreed for examination of witnesses.
George Wright, Judith his wife, and Owen of Shrewsbury. Licensed to depart giving bond to appear again on warning.
Anselm Humphreys Cause continued till next court day.
William Stone, of Wimborne Minster. Admonished to make full answers, and then to be licensed to depart upon bond.
fol. 50. John James, of Landulph, Cornwall. Defendant stood questioned for horrible blasphemy. It was alleged that he had been convented and punished in the country. Referred to commissioners to report what proceedings had been had in the country, and in what manner he was there punished.
Amy White, widow, of St. Martin's-in-the Fields. Defendant not being found to be the same woman who lodged Sir Richard Letchford's daughters, who were taken going to the nunneries beyond seas, she is dismissed.
Ralph Jones, clerk, curate of Corringham, Essex. Referred to Dr. Duck, chancellor of the Bishop of London, the ordinary, to consider of the articles against Jones, and his answers, and to set down a form of submission to be performed by him.
fol. 50 b. Sir Thomas Southwell and Mary Eden (second cause). Monition to witnesses to appear and be examined.
Richard Massey, clerk Cause referred to Dr. Aylett.
William Fox and others, of Rothwell, Northamptonshire. Defendants' answers being alleged imperfect, the next court day was assigned for giving judgment thereon.
Edmund Thomas, of Westerham, Kent. Attachment decreed if defendant do not give in his answers perfected before next court day.
John Lathrop Bond ordered to be certified, and he to be attached for non-appearance.
fol. 51. Job Tookey, clerk, and William Wise, schoolmaster. Tookey licensed to depart and appear by his proctor, on giving the customary bond.
Thomas Webb and Richard Field Ordered to appear again on the next court day.
Henry Lort If he give full answers before next court day he is to be licensed to depart upon bond.
Bartholomew Garwell, of Hale Magna, co. Lincoln. Having been examined is licensed to depart upon bond.
Sir William Cade Cause referred to Sir Henry Marten and Dr. Wood. The next court day assigned to hear their opinions.
Roger Brereton and John Mainwaring, clerk; suit promoted by Thomas Cliff and John Rowley. If counsel for the office do not except against defendants' answers within three days, they are licensed to depart. Reference to Commissioners at informations to consider of the sufficiency of the prosecutors.
fol. 51 b. Edward Weaver and William Aspley, wardens of the Stationers' Company. Leave given to defendants to put in answers before the next court day.
June 19. Vol. cclxi., fol. 51b. Elizabeth Checquell [Cheqnett ?] alias Howse, John Blackleech, and Thomas Priggett. To be released out of prison on giving bond to appear from day to day.
Robert Dickenson To be examined before the next court day.
Francis Wright, clerk Defendant gave in a written allegation which he wished to have admitted. The same was referred to one of the Commissioners, and Wright enjoined to return his proofs by the first court day in Michaelmas term.
John Westborne To be attached if he be not examined before next court day.
Thomas Hesketh and Thomas Bolton, his servant. Referred to Commissioners to tax the messengers' charges, and defendants to put in their answers, and to appear to receive further order of the court on the next court day.
fol. 52. Henry Mayhoe [Mayhew ?] and others. Next court day appointed to determine whether defendants' answers sufficient.
Richard Westland and others The like, whether depositions of witnesses should be published.
Matthew Brooks and Thomas Cheshire. Cause to be proceeded in; Cheshire's answers to be returned by 1st August.
George Burdett, clerk Being no beneficed man, defendant is to give a new bond to appear on warning; commissions ordered for examination of witnesses.
Benjamin Pratt, of St. Andrew's, Holborn, silk weaver. Being brought up by the keeper of the Gatehouse, and told that the articles against him concerned the printing and publishing of seditious books, which he would have fetched away from the Custom House, he absolutely refused to take his oath, or to answer the articles, and was committed close prisoner to the Gatehouse.
fol. 52 b. Humphrey Robinson, of London, stationer. To be attached, and his bond certified if he appear not next court day.
John Williams, of Park, co. Brecon, and Mary his wife. Defendant is charged, that having divers years ago been ordered by this court to sue forth a sentence of nullity of marriage between him and the gentlewoman with whom he stood convicted of incest, he had abused and derided the court and kept her company still. He was ordered to be attached, and his fine certified unless he take out the commission for returning his pretended wife's answer, and prosecute the cause of nullity in the Arches with effect.
Robert Cooke, of Feering, Essex Next court day assigned defendant to return certificate of his repairing the chancel of Mark's Tey.
fol. 53. John Middleton and John Thorne Prosecutor to be attached for contempt in non-payment of the notary's charges.
Thomas Morris, John Hayes, and his wife. Referred to the Bishop of London to hear and end this cause.
Sir William Hellwys Appeared this day, and the keeper of the Clink was ordered to bring him again next court day.
June 19. Vol. cclxi., fol. 53. Zachary Allnutt, of Ipstone, Bucks. Appeared and took oath to answe articles.
Thomas-ap-Evan, David Thomas of-Llanrhystyd, and David Jenkin, of Caron, co. Cardigan. A commission decreed.
Edmund Lyneold, clerk, curate of Healing, co. Lincoln. Attachment decreed for non-appearance.
fol. 53 b. Richard Gosling Defendant stood by sentence given nine years ago degraded from his function in the ministry, and was then ordered to deliver in his letters of orders, which he had not done. Attachment granted to bring him to undergo the final sentence of the court.
Thimelby Holden Examined; next court day assigned for him to determine whether he will stand on his answers or proceed to proof.
Edmund Conon aud Uriah Davison The like. Second session next term to produce proofs.
James Bleau and David Hoogan hosen. Dr. Rives, in regard of some signification from the Archbishop of Canterbury, had forborne to proceed against Bleau, but for Hooganhosen desired the cause to go on to sentence. This to be considered on the next court day.
Francis Abbott, clerk Time given to prove defence.
Gerance James, clerk Licensed to appear by his proctor and commission granted to examine witnesses.
fol. 54. Oliver Vaughan Attachment decreed for non-appearance.
Richard Nanson and his wife Petition to be read next court day.
John Powleglees Defendant's bonds to be delivered and himself dismissed.
Edward Williams, of Hoddesdon, co. Hertford, wheelwright. To be attached for non-appearance.
John Ekins Time appointed for cause to be sentenced.
Thomas Stevens, clerk Commission for examination of witnesses to be expedited.
Sir Peter Prideaux Cause continued until next court day.
Francis Squire, clerk Commission for taking his answers.
Thomas [Jones], of Bampton, co. Oxford. Day assigned for the cause to be sentenced.
Sir John Astley and Anne Bridges. Commission for taking Sir John's answers to be returned the last session of this term.
fol. 54 b. William Frost, clerk Cause to be heard next court day.
John Oldham, clerk Appeared and took oath to be examined before next court day.
Jenkin Lloyd Attachment decreed.
[Robert] Veisey Commission to examine witnesses to go out.
[Thomas] Hesketh His first bond to be delivered up, having entered into a new one.
June 19. Vol. cclxi., fol. 54 b. — Wilkes, prisoner in the Gatehouse. A petition of defendant rejected and he turned back to prison, his answers being defective. He had pretended to be in priest's orders and had taken upon him to preach in sundry parishes in London, having no lawful licence.
fol. 55. Sir Richard Strode Defendant being charged with interrupting Sir John Strode, his kinsman, in his possession of an aisle in the parish church of Cattistock, that point was left to a trial at law. Further, that having notice of Sir John Strode's coming to church on Easter Day with his lady to receive the holy sacrament, Sir Richard armed himself with a pistol charged with powder and small shot, and charged his servant to carry a sword to church, and so, with his lady, children, and servants, hasted to the said aisle before Sir John's coming. He was also charged that whereas John Traske was in 1618 censured in the Star Chamber for Judaism, and scandalizing the state ecclesiastical, and had been degraded from his ministerial function, yet Sir Richard had entertained him in his house, where he had pronounced prayers extempore, and had expounded a passage of Scripture. On behalf of Sir Richard it was proved that he carried the pistol to Cattistock church secretly, and that no disturbance ensued, also that divers years ago he had discarded Traske. The court by the Archbishop of Canterbury admonished Sir Richard to carry himself for the time to come peaceably and conformably to the state and government ecclesiastical without abetting irregular ministers. Lastly, a petition by John Mayhoe [Mayhew ?], parson of Cattistock, complaining that Sir Richard detained his tithes, was referred to Sir John Lambe.
fol. 56 b. Francis Squire, rector of Rearsby, co. Leicester. Motion made that defendant was now again charged with the same simony for which he had been formerly proceeded against and acquitted, and that it should be referred to one of the Commissioners to ascertain the fact. The court confirmed their order for a commission to take defendant's answers to the articles.
fol. 57. Robert Veisey, of [Bampton], co. Oxford. Defendant being a man very aged and infirm, a commission was decreed to take his answers.
fol. 57 b. Francis Wright, vicar of Witham Wright to make all his proofs by the next term, and John Greene, a witness who had not appeared, to be attached.
Thomas Williams, of Chew Magna. Report of referees that Eleanor the wife of defendant ought not to receive the costs of suit or alimony except by order of the court, wherefore she ought to make the cause ready for hearing.
June 19. Vol. cclxi., fol. 58. Thomas Austen, clerk Time extended to the 1st of August for payment of the arrears of 10l. 16s. 8d. due to Mr. Tedder, but for future quarters' payments Austen is to pay them duly on the quarter day on pain of attachment.
fol. 58 b. William Tyler, vicar of Witheridge, Devon. Defendant having paid in 20l. 10s. for his wife's alimony, prayed to be discharged from custody. It was ordered that on payment of expenses and bond given for the future payment of 60l. per annum, he should be enlarged.
fol. 59. Henry Lovell and Frances, his wife. Defendants having been married, the cause was dismissed on payment of messenger's fees.
fol. 59 b. Augustine Moreland, of Stroud, Kent. Defendant to bring in his defence, and commission decreed to prove the same.
June 21. fol. 60. George Gayre, of Winchester, gent. Appearance recorded.
Humphrey Oakover, of Oakover, Staffordshire. Appeared and took oath to answer articles.
fol. 60 b. John Lloyd, of Ynis-Here in co. Cardigan. Appeared and took oath to answer articles.
June 23. fol. 60. Charles Chauncey, vicar of Marston, co. Northampton, and Humphrey Packer, of Ware, co. Hertford. The like.
June 24. Isaac Heath, of Ware, co. Hertford, collar-maker. The like.
Sir Alexander Cave, of Rotherby, co. Leicester. Affidavit of Richard Roe that Sir Alexander was a man of about 70 years of age, and unable to travel.
June 26. fol. 60 b. George Curtis, of Little Chart, Kent, Esquire. Appeared and took oath to answer articles.
Alice Blower [No entry save her name.]
Amy Haynes Order that depositions about the lord of the manor be vacated and suppressed.
William Tilley, of Babcary, co. Somerset. Appeared and took oath to answer articles.
Richard Westland and others. Papers propounded which the court admitted.
William Culpepper, of Goudhurst Appeared and took oath to answer articles.
fol. 61. Augustine Holl New articles admitted and he ordered to answer.
Theophilus Brabourne, prisoner in the Gatehouse. Appeared and was censured, as appears in the act.
John Williams Appeared, and a new attachment under pain of 50l. to answer articles decreed against his pretended wife, and a better prosecutor.
Anthony Lapthorne, clerk Cause to be sentenced on first court day of next term.
John Ekins, of Isham, co. Northampton. The like.
fol. 61. Toby Crispe, clerk, and others Decision as to taxation of costs next court day.
fol. 61 b. Pamplin and others The like.
John Hubbock, clerk The like.
Ralph Tether and Margaret his wife. Monition to witnesses to appear and be examined.
Thomas Wicherley and others The like within three days.
Richard Fowell, clerk, vicar of Lowesby. Day assigned to determine whether his answer sufficient.
John Kellett [Kelles] of Boston, co. Lincoln. Bond to be certified and he attached for non-appearance.
William Stone, of Wimborne Minster. Monished to answer fully.
John James, of Landulph, Cornwall. Having been already censured before his ordinary for the same matters he was dismissed and bonds cancelled.
Sir Thomas Southwell and Mary Eden. Monition to witnesses to attend to be examined.
fol. 62. Richard Massey, clerk Dr. Aylett to report on the next court day.
William Fox and others Ordered to make a full answer.
Edmund Thomas, of Westerham Attachment against him if [not examined this day].
Thomas Webb, Richard Field, and Stevens. The first two examined, but Stevens not; licensed to appear by their proctors.
Sir William Cade Sir Henry Marten and Dr. Wood to report on next court day.
Roger Brereton and John Mainwaring, clerk; suit promoted by Thomas Cliff and John Rowley. Fuller answers to be returned to certain articles. Reference to Sir John Lambe on certain points. Commission for examination of witnesses, with names of Commissioners.
fol. 62 b. Edward Weaver and William Aspley, wardens of the Stationers' Company. The next court day assigned for completion of their examination.
John Blackleech and Thomas Priggett. Their appearance respited until next court day.
Robert Dickenson; cause promoted by his wife. Cause referred to Sir John Lambe and Dr. Duck, and if they cannot make an end thereof then to tax costs of suit and alimony.
John Westborne To be attached for not having been examined before this day.
Thomas Hesketh and Thomas Bolton his servant. Bond to be delivered.
Henry Mayhoe and others The next court day assigned to hear judgment whether they have answered sufficiently or not.
Humphrey Robinson, of London, stationer. Committed till he enter bond to sell no more books, and took oath to make true answers.
Sir William Hellwys His keeper to bring him up on the next court day.
Zachary Allnutt, of Ipstone, Bucks. To be examined within three days or be attached.
fol. 63. Thimelby Holden, clerk Cause to go [forward].
James Bleau and David Hooganhosen. James Bleau dismissed; a fortnight allowed to Hooganhosen to prepare his defence.
Nicholas Belt, of Belby, co. York; cause promoted by Philip Carr, of Oughton. Defendant living remote from London and being infirm, the cause referred to the Commissioners Ecclesiastical at York.
Sir Peter Prideaux Reference to Sir Henry Marten and Dr. Eden to report whether the cause fit to be retained or dismissed.
fol. 63 b. Sir John Astley and Anne Bridges. Referred to Drs. Wood and Aylett to consider articles and answers, and if they found cause, to take order to remove Anne Bridges, Sir John's wife's kinswoman, out of his house, and restrain them of each other's company.
John Oldham, clerk Commission for examination of witnesses.
John Bartlett [No entry.]
fol. 64. John Williams, of Park, co. Brecon. Motion for an attachment on the ground that defendant had used no diligence in prosecution of the sentence in the Arches Court for dissolving the incestuous marriage between him and his pretended wife, but the Court ordered the prosecutor to put in a better bond, and thereupon a commission was decreed for taking the answers of the pretended wife.
George Gayre, of Winchester Defendant did not appear, having been committed to Newgate upon suspicion of being a priest.
Francis Jones, of Hadleigh, Suffolk, basket maker. Appeared, but refused to take oath or answer articles, and was thereupon committed to the Gatehouse.
Francis Bernard, vicar of Ugborough. In conformity with order, produced certificate from the Bishop of Exeter of his conformity and well demeanour in his ministry; was monished to pay 24l. costs to the promoter.
fol. 64 b. Augustine Moreland, of Stroud, Kent. Defence admitted, and the next session but one assigned to bring in proofs thereof.
John Laverock, prisoner in Bridewell. His petition read and rejected.
Francis Wright, clerk, and others. The causes to be heard altogether.
Alice Blower, of London Defendant having long since removed from Sudbury, where the offence was given, to London, whereby the scandal was taken away, she was dismissed.
William Culpepper, of Goudhurst, Kent. To be attached if not examined within a week.
George Curtis, of Little Chart, Kent. Charged with adultery committed 19 years since. It not being the use of this court to examine misdemeanors of that kind committed above 10 years past, referred to Sir John Lambe and Dr. Eden to consider the articles.
fol. 65. John Middleton and John Thorne Monition to both parties to appear and receive judgment at the next court day.
Richard Likewood, of Over Stowey, Somerset. Attachment to commit defendant to prison, and promoter to be called in.
John Lloyd, of Inshier, co. Cardigan. Three days given to the counsel of the office to signify whether they will stand on defendant's answers or take a time to prove.
George Wright, his wife, and Owen George. The second session in next term assigned to bring in proofs.
Roger Hatton Committed till he pays the money, and commission decreed for proof of his defence.
Sir Philip Parker, of Aworton, co. Suffolk. Defendant having been ordered to produce this day a certificate of the repair of the chancel of the church of Burnham Overy, otherwise Burnham St. Clement's, in Norfolk, his counsel alleged by affidavit that the chancel was now in repair. The court decreed a sequestration of the fruits and profits of the rectory towards the repairs wherewith defendant is charged.
fol. 65 b. Stephen Wilde, of Hingham Barrow, Norfolk. Commission decreed for examination of witnesses.
Edward Neale, of Shelley, Essex Attachment upon pain of 20l. if he do not appear next court day.
George Burdett, clerk, of Yarmouth. Many schismatical people in Yarmouth being likely to be produced as witnesses for Mr. Burdett, a sworn clerk of the office of the Registrar of this court may be appointed to examine such witnesses.
fol. 66. Matthew Brooks, clerk, and Thomas Cheshire, clerk, of Yarmouth. Similar order to the preceding as to examinations. Brookes to have copies of his articles and answers, and to be licensed to depart on bond.
Francis Squire, clerk Witnesses to be produced on next court day.
Jenkin Lloyd and Dorothy his wife. Commission to take Jenkin's answers, his wife has appeared and taken her oath.
Edward Calveley Attachment decreed for non-appearance.
Benedict Grace, clerk Appeared and took oath to answer articles.
fol. 66 b. Thomas Morris, John Hayes, and his wife. This cause having been referred to the Bishop of London, was continued in statu quo until next court day.
Nanney Lloyd On report from Dr. Wood it was ordered that on a bond to prosecute, entered into by a subsidy man, a commission is to issue for examination of witnesses, but subject to a question raised on a subsequent motion which was to be determined next court day.
William Tyler, clerk, vicar of Witheridge and Bishops Nympton. Defendant having delivered to the Registrar 15l. for expenses due to his wife, and given bond for growing payments of alimony, was ordered to be enlarged out of prison.
fol. 67. Thomas Williams, of Chew Magna. An attachment, ita quod non extrahatur within 15 days.
Humphrey Oakover, of Oakover, co. Stafford. A commission.
Michael Kelly On new bond entered, the old one to be delivered,
Henry Lort Commission decreed for examination of witnesses.
William Tilley To be examined before he be released and to give bond with sureties in 500l. to be forthcoming.
Sir Alexander Cave Attachment with an intimation upon pain of 20l.
Thomas Noble, of Bathwick Attachment decreed.
Bartholomew Garwell and Jocosa Pryor. Garwell is examined; the woman to be attached.
Tristram Hinchcliffe Commission decreed.
Robert [Richard] Westland and others Report adjourned to next court day.
William Collinson Defendant's petition delivered and rejected.
Peter Fawtret, clerk, of Broadley, Isle of Jersey. To appear by letters.
fol. 67 b. John Disley, Thomas Hesketh, and Thomas Bolton. [Disley ?] appeared and being forthwith examined, a commission was decreed for examination of witnesses.
Dorothy Pearcy alias Lloyd, pretended wife of Jenkin Lloyd, of Kidwelly. The court being informed by the Bishop of St. David's that the matters charged upon the defendant were very foul, and her sureties insufficient, an attachment was decreed.
Francis Wright, vicar of Witham This cause ordered to be heard, with a second cause against the same person, and also the causes against Margaret Claydon alias Umpton, and against Lawrence Clerk and others, on the third court day of next term.
fol. 68. Robert Cooke, of Feering, Essex Certificate presented respecting the repairs of the chancel of Mark's Tey, but the court disapproving the same, ordered defendant to be attached, and other persons who had signed the same to be sent for.
fol. 68 b. Theophilus Brabourne, clerk, prisoner in the Gatehouse. Defendant in his answer confessed to have composed, and caused to be printed beyond sea 500 copies of a book entitled "A Defence of the most "ancient and sacred Ordinance of "God, the Saboath Day; the second "edition corrected and amended, "&c.,' which he published in England contrary to the decree of the Star Chamber, 28 Eliz. In which book Brabourne had broached erroneous, heretical and judaical opinions. Being admonished to renounce his opinions, he acknowledged himself to be a Sabbatharian, and as much bound to keep the Saturday's sabbath as the Jews were before the coming of Christ. The court pronounced him a Jew, a heretic and schismatic, and adjudged him worthy to be severely punished. And first, he was ordered to be brought there the next court day of mitigation to see himself deprived of all his ecclesiastical livings and dignities, if he have any; and he was further ordered to be deposed and degraded from his holy orders and function in the ministry, pronounced excommunicated, fined 1,000l., condemned in expenses, ordered to make a public submission conceptis verbis at such times and places as this court shall appoint, and remanded back to prison until the court advise on some other course for delivering him over to the secular power if he persist in his opinions.
fol. 69. Amy Haynes, widow, of Turson, [Turweston ?] co. Bucks; suit promoted by William Lisle. Evidence having been taken in this cause touching certain rights belonging to the town and manor of Elmley in Bucks, the court held that to be altogether improper, and that retaining all the matters contained in the articles which concerned the disturbance and profanation of the church, supposed to be done by Mrs. Haynes and her workman Blithe, whom she employed in taking down the pew in the church, the right whereof is questioned, nothing else is to be questioned there; but all particulars touching the rights of the manor of Elmley are to be vacated, and that being done the cause is to go on for hearing.
June 27. fol. 69 b. John Harrigate, of St. Faith's, London, stationer. Appeared and took oath to answer articles.
Francis Squire, clerk Witness sworn.
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