Acts of the Court of High Commission

Calendar of State Papers Domestic: Charles I, 1635-6. Originally published by Her Majesty's Stationery Office, London, 1866.

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'Acts of the Court of High Commission', in Calendar of State Papers Domestic: Charles I, 1635-6, (London, 1866) pp. 468-521. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas1/1635-6/pp468-521 [accessed 24 March 2024]

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ACTS OF THE COURT OF HIGH COMMISSION, January 1635-6—May 1636,

In continuation of those published in the present Volume, pp. 81-133. Up to the 11th February 1636, they are derived from Dom. Car. I., Vol. cclxi, and on and after that day from Dom. Car. I., Vol. cccxxiv.

Jan. 11. Vol. cclxi.,fol. 307 b. James Morgan, of Llansawel, co. Carmarthen. Defendant appeared and took oath, and was monished, &c.
Francis Jones, of Ratcliff, Mid-dlesex, basket maker. Being charged that he is a schismatic recusant, and that he has long forborne to come to his parish church to hear divine service said and to receive the holy communion, and that he uses to keep private conventicles and exercises of religion, and that he is an anabaptist, he expressly refused to take his oath to answer articles, or to answer the same; for which contempt, and for that he confesses he had been rebaptized, he was committed to Newgate.
Jan. 19. Robert Southley [Sontley], of Sontley, co. Denhigh. Appeared and took oath to answer articles; to be examined before next court day.
Jan. 21. fol. 308. Henry Doughty, clerk, vicar ofMeriden, co. Warwick. The like.
Jan. 23. fol. 307 b. Robert Raworth, Richard Hodg-kinson and John Norton,printers. Certain Commissioners having taken informations in this cause, ordered that defendants should have their printing instruments or other materials heretofore seized by the Company of Stationers delivered to them, they entering into their own bonds in 40l. apiece to his Majesty not to employ them to any use prohibited by the decree of the Star Chamber, or order of the High Commission Court.
Jan. 23. Vol. cclxi., fol. 308 b. John Haydon, of London Certain of the Commissioners being informed that John Haydon, late prisoner, was discharged by the Commissioners Ecclesiastical upon his bond and juratory caution entered, to depart the kingdom of England within a time limited in a former order, and to go into some foreign part, and that by his bond and caution he was tied not to exercise his ministerial function within England, until he should be licensed by this court, nor to presume without licence to return again into England, but that it was not the intention of the said Commissioners to debar him from exercising his ministerial function in any foreign part. The Commissioners now present, considering that this authorizing the said John Heydon to execute his ministerial function in foreign parts, would be of no force without the re-delivery of his letters of orders, thought fit and ordered that he should have his letters of orders delivered to him out of the registry of this court, in case they be there not already cancelled, or can be found, to the end he may have liberty of exercising his ministry elsewhere, especially in Ireland, according as was by him desired.
Jan. 25. fol. 307 b. Henry Swaddon, clerk of SuttonVeney, Wilts. Appeared and took oath to answer articles; to be examined before next court day.
fol. 308 b. John Cotton and David Edwards, of St. Martin Orgars, London. Appeared and took oath, and was monished, &c.
William Baldry, of St. Martin Orgars, London, vintner. The like.
Jan. 26. William Phillips, of St. Bridget's, Fleet Street, London, sadler. The like.
Christopher Sandys, of Lysen,co. Tirven [Tyrone?], Ireland. Appeared and took oath to answer articles.
fol. 309. Edward Williams, of Langstone, co. Monmouth. Appeared and took oath to answer articles; to be examined before next court day. Thomas Morgan, of Llangattock co. Monmouth, also appeared and took oath to interpret truly betwixt Edward Williams and the office of the court that shall examine him.
Jan. 27. Sir William Button, of Alton, Wilts. Appeared and took oath and was monished, &c.
Jan. 28. John Baron, of Layer Marney,Essex. The like.
Thomas Popham and John Ellver,of Marksbury, co. Somerset. The like.
William Brooke, of Hasten [Assington?], Suffolk. The like.
Thomas Soane, John Wheler theelder, and John Wheler theyounger, of Warblington, Hants. Appeared and alleged — [the entry incomplete.]
Jan. 28. Vol. cclxi., fol. 309. Robert Porch, of Wellow, Somerset. Appeared and took oath in the form of the court.
Thomas Burges, of St. Martin's-in-the-Fields, tailor. Appeared and took oath; to be examined before next court day.
Thomas Jay, of Ufford, co. Northampton. The like.
Peter Banson, of Henham, Essex The like.
fol. 309. b. Mark Corbold and Susan Copping. Dethick desired answer to be given to the allegation, and examined Cole in open court. Cole declared to his belief that the same was subscribed in the proper hand of William Coleman, and that he was a notary public.
Bartholomew Boustfield [Busfield], suit promoted by Thomas Cropp, of Rochester. Cropp produced as witness for the defence; sworn and monished, &c.
Richard Butcher, Edward Gatland, and Thomas Humphry, of Sussex. Appeared, took oath, and were monished.
Dr. Grant Witnesses for the prosecution, whose names are stated, were sworn and monished, &c.
Francis Ward, of St. Clements Appeared, took oath, and was monished, &c.
fol. 310. Charles Chauncey and Humphry Packer. Taxation of costs appointed for next court day, when both are to appear to receive further orders.
William Frost, clerk Appointed for next court day.
Samuel Ward, clerk, of Ipswich Taxation of costs appointed for next court day, and he to appear by bond.
Thomas Austen, clerk To appear by letters; he is ordered to come to the office and to take his oath, and be examined before next court day upon the articles and additionals not already answered.
Ralph Tether and Margaret his pretended wife. Put by in regard of the length of another cause heard this day, and so ordered for final hearing the next court day.
William Jones, of London, printer. Appointed for next court day.
Gerance James, clerk The causes against Gerance James and Jackson Clerke to go on together to sentence.
Dr. Stoughton and John White, clerk. Dr. Rives alleging that Dr. Stoughton's answers were insufficient, there was a reference to consider the same, and time given for additionals.
Henry Mitten Referred to the Commissioners at Informations, whether defendant shall be dismissed with charges.
fol. 310 b. David Rogers, of London, beavermaker. Dr. Rives desired an attachment against the witnesses who had been served to come in against defendant, but his counsel desired that no further proceedings might be had until a sufficient prosecutor were assigned, in regard the woman that informed was of base and infamous condition, which the court held reasonable, but referred the consideration of these motions to the Commissioners who had heretofore taken cognizance of this cause.
Jan. 28. Vol. cclxi., fol. 310 b. Francis Hill, of London, stationer Appointed for next court day.
Sir Ralph Ashton Between this and the second session of Easter Term allowed for proof.
Samuel Southen, clerk, of Henham, Essex. An attachment decreed against him unless he be examined fully before next court day, and give in his answers perfected and repeated.
George Ives, of Ickford, Bucks An attachment decreed against defendant, unless he be examined before next court day.
Paul Clapham, clerk Appointed for next court day.
Caleb Banckes and others, of Maidstone. Defendants to put in their brief by Monday at night, if they intend to use any, and the cause to be informed in next court day, or otherwise to be heard and sentenced the last court day of this term, when defendants are to appear to hear judgment.
Sir Thomas Southwell Appointed for next court day.
Theophilus Rustat, clerk Discharged.
Dr. Grant Cause to go to proof.
Laurence Snelling, of Paul's Cray. The like.
Sir Richard Trevor To propound what he will to defend himself before next court day.
Edmund Thomas To prove his defence before the first session of next term.
fol. 311. Henry Portbury, of Gray's Inn Appointed for next court day.
John Convers, of Nevendon, Essex, suit promoted by Benedicta his wife. Referred to Dr. Aylett to consider as to the admission of an allegation on part of defendant.
Ralph Hyde, clerk Referred to Dr. Wood to consider whether the promoter should pay the defendant's costs.
William Horniman, and others Sir Nathaniel Brent to set down order herein by next court day.
Theodore Morris The like for Dr. Wood to set down order.
Michael Hudson, clerk Appeared and desired his petition to be read.
Edith West, widow The commission to be brought in the next court day.
Francis Doughty, clerk, of Sodbury, co. Gloucester. Appeared and took oath.
Edward Lucas, Richard Johnson, and Elizabeth Tayler, of London. To appear by bond.
Peter Banson, of Henham, Essex. Appeared and took oath.
Thomas Jay, of Ufford, co. Northampton. Appeared and took oath; to be examined before next court day.
Henry Hebbs, of St. Clement's, Eastcheap, London. Licensed to appear by his proctor.
Jan. 28. Vol. cclxi. fol. 311. Henry Doughty, clerk, vicar of Meriden, co. Warwick. Articles and answers referred to the Commissioners at Informations, who are as they think fit either to grant a commission for proof, or to refer them back to the Ordinary in the country.
Robert Sontley, of Sontley, co. Denbigh. Appointed for next court day.
Richard Wright, of Stone, Bucks Defendant's bond to be certified, and he attached unless he appear the next court day.
John Coleback alias Colebancke, and Catherine Nicholls, of London. A monition to the keeper of the Marshalsea to bring defendants the next court day.
Robert Fisher, of Kidwelly, co. Carmarthen. An attachment for non-appearance.
Aquila Weekes and others Appointed for next court day.
fol. 311 b. Richard Murray Elizabeth Sower's petition read, and the cause to go on.
John and Eustace Davies, clerks Certificate of the Bishop of St. Davids was read, and the chief contemners mentioned therein ordered to be sent for.
Henry Huddy and Thomas Cole, bailiffs of St. Mary Ottery, Devon. Appeared and took oath to answer articles. Referred to Sir John Lambe.
John Fabian, clerk Referred to Drs. Eden and Duck to consider defendant's petition for his cause to be heard, and if possible to take order for hearing the same this term.
Cornelius Burgess, S.T.P. Attachment decreed if defendant appeared not before next court day.
Robert Cooke, of Feering, Essex Motion made that the court (sic) is not paid. An attachment decreed against defendant.
Francis Edwards, clerk, of East Woodhay, Hants. Appeared and took oath to answer articles.
William Cock, of Chulmleigh, Devon. Appointed for next court day.
Sir William Button, of Alton-Barnes, co. Wilts, Henry Swaddon, clerk, rector of Sutton-Veney, Wilts, and Alice Swaddon, widow. The two first-named defendants appeared and took oath, and affidavit was made of the weakness of Alice Swaddon. Time given till Monday next to put in additionals, and a commission decreed for taking the answers of Alice Swaddon in the country, returnable the first session of next term.
Arthur Filioll, prisoner in Ludgate. Desires his petition to be read.
Joseph Hinde, late prisoner in the Fleet. Restored again.
Christopher Sandys Appeared and was required to answer the articles before next court day.
Richard Howes, clerk Commission revoked unless an affidavit were made.
Jan. 28. Vol. cclxi., fol. 311 b. Richard Trewman, co. Nottingham. Application made that defendant might be dismissed for want of prosecution; the court directed that the cause should be continued and go on in ordinary course.
John Hagley, clerk, of Hereford Attachment decreed against him for non-appearance.
fol. 312. James Starky, clerk, of co. Lancaster. The like.
William Some, of Hundon, Suffolk, yeoman. Ordered that defendant's wife be no further heard in this cause, nor have any alimony allowed her, until the cause against one Tayler, of Hundon, for incest or adultery with her be heard and ordered.
John Mainwaring, clerk, and Roger Brereton. Appointed for next court day.
William Holton Opening the commission decreed.
William Chewne [Chowne] and others. A commission is decreed.
Richard Pickering and others Motion by Dr. Lewyn.
John Evered, of Pairested [Fairsted], Essex. Appeared and took oath; to be examined before next court day.
William Cumberford Motion by Dr. Ryves, for next court day.
William Phillips, of St. Bridget's otherwise St. Bride's, London. Appeared and took oath to give in his answer before next court.
Mary Tucker alias Lane, of St. Mary [Ottery ?], Devon. Upon petition of defendant, who was a very old woman, near 70 years of age, with an aged husband very sick, it was ordered that she be examined with all convenient speed, and so soon as the stile of the court will permit, and that her answers being given, it was referred to Drs. Duck and Eden to consider the same, as also her petition and the affidavits in court, and to set down order for a better prosecutor, and for licensing her to depart and appear by her proctor.
Francis Ward, of St. Clements Dawen [Danes ?], Middlesex. Appeared, and was to be examined before next court day, or to he attached.
William Tayler, of Hundon, Suffolk. A commission.
Benedicta Convers, wife of John Convers, and Francis Mennings. Benedick [Benedicta] Convers, the prosecutor, to publish his [her] witnesses by the next court day, or in default this cause to be dismissed with costs.
fol. 312 b. Robert Porch, of Wetter [Wellow ?], co. Somerset. Appeared and took oath; to be examined before next court day.
Richard Massey, clerk Motion by Dr. Ryves, to be made before next court day.
William King, John Ellver, Thomas Popham, George Hall, John Osen, and Griffith Edwards, of Dundry, co. Somerset. To be examined before next court day.
John Horsham, clerk Cause to go to report.
Jan. 28. Vol. cclxi., fol. 312 b. Robert Roche, of Tortworth, co.Gloucester. Depositions of witnesses on the part of the promoter were published, and the former referees in this cause were once more desired to inform themselves of the sufficiency of the prosecutor, and to set down order for a better promoter or otherwise as they shall think meet.
Robert Masters and Thomas Masters of Ginboldisham, Suffolk [Garboldisham, Norfolk?] Attachment against defendants for nonappearance.
Edmond Lyneold, clerk Appointed for next court day.
William Erbury, clerk Commission brought in; depositions published.
Sir John Bale and John White, clerk. Defendants to put in their defence and exceptions within this fortnight, and to return their commission and proofs before Midlent Sunday; the depositions to be published and the cause to be sentenced in Easter term next.
William Stone, clerk Nothing done.
Sir James Price A clerk of this court to go down to execute the commission, and to take bond to perform the order of the court.
Sir Thomas Sackville To hear the decision of the court whether defendant shall have a commission.
Paul Clapham, clerk Next court day, an attachment.
Alfonso Iremonger, prisoner in Ludgate. Motion by Dr. Lewyn that defendant being a prisoner in Ludgate, and using the liberty of the house, detained 52l. a year of his wife's estate, and refused to pay the 40 marks per annum alimony allotted to his wife by order of this court, leaving the burden of payment thereof on Mr. Lewyn, his surety, who had no means to secure himself out of defendant's estate. The court referred the motion to Drs. Gwynn and Aylett who are to set down order for the close restraint of defendant, and to consider by what lawful means Mr. Lewyn, the surety, might be freed from his bondage, and Iremonger's wife be secured of her alimony.
fol. 313. Richard Brayfield, clerk. In explanation of a former order by Sir Henry Marten, for augmentation of Mrs. Brayfield's alimony to 15l. per annum, the court ordered that the 5l. should be paid quarterly, together with the former alimony, viz., 10l. quarterly; this latter alimony beginning from Christmas last. The court concluded the cause and assigned it to report.
Jan. 28. Vol. cclxi., fol. 313. William Jetherill of Staunton [Staughton] Magna, co. Huntingdon. Mr. Gall, the minister of Staughton, delivered a petition, desiring that Dr. Ryves might be assigned to be his counsel and Mr. Cole to be his proctor, which the court well liked of. For the matter of his petition, touching the abuse offered by defendant, it was referred to Sir Charles Cæsar and Dr. Duck to consider the articles and to give order for calling him to answer.
Edmund Fortescue of Wallopit, Devon. Defendant to put in his defence by the last court day of this term, expedite his commission, and return his proofs by the second court day of Easter term next, or in default thereof the cause was assigned to report the last court day of this term.
Richard [Zachary ?] Allnutt Appointed for sentence next court day.
fol. 314 b. Thomas Hesketh of Rufford, co. Lancaster. Defendant being a married man had committed adultery with seven several women, whose names are stated. In the case of one of them, Joan Edmunds, defendant had fallen under the statute of felony made against double marriages, and for the same had been burnt in the hand, consequently the court would not proceed against him in that case; but condemned him in five other cases, and as he had lived apart from his wife and continued this vicious course for many years without any touch or remorse of conscience the court held him worthy to be severely punished and ordered him to do public penance in a white sheet in the cathedrals of York and Chester and in the parish church of Croston, co. Lancaster; he was further fined to his Majesty in 1,000l., and received a judicial admonition from Archbishop Laud not to come into the company of the women named except in open church, market, or places of public assembly; he was further condemned in costs of suit, which are to be taxed next court day; and was committed to the Gatehouse till he enter bond with sureties in the sum of 2,000 marks, for the performance of this order.
Jan. 29. fol. 309 b. Griffith Edwards of Redcliffe, Bristol. Appeared and took oath to answer articles.
fol. 314. John Tichburne, rector of Buxted, Sussex. The like.
Feb. 1. fol. 315. Gabriel Grant, S.T.P. Philip Gill and Henry Banister, produced as witnesses, were sworn.
Feb. 2. Mary Tucker alias Lane, of St. Mary Ottery, Devon. Order made by the referees in this cause that if better bond de prosequendo were not given by the last court day of this term, then the cause to be dismissed, and in the interim defendant was licensed to depart and appear by her proctor.
Feb. 2. Vol. cclxi., fol. 313. John Convers Allegation on the part of defendant admitted with this limitation, that he make all his proofs before the first session of Easter term, and that the alimony allotted to Benedicta Convers be paid by defendant till contrary order by this court.
fol. 313 b. Richard Price and others Commission decreed.
Theodore Morris, in the first cause. Defendant having performed the submission enjoined him in respect of the first cause, and given certificate of the same into the registry of this court, and further paid the costs of suit, was dismissed from further attendance touching this cause, and had his bonds cancelled and delivered to him.
John Allen, clerk, John Butcher, Richard Butcher, William Chauntler [Cawther?], Edward Gatland, Thomas Humphrey, and Thomas Michell. Richard Butcher, Humphrey, and Gatland appeared and took oath; an attachment [against the others] for non-appearance.
Thomas Webbe Sweeper and others. Appointed for next court day.
Thomas Ackson, clerk Publication of depositions.
Alexander Vanden Eynden Ordered that the expenses of suit and alimony hitherto due being first paid into the registry of this court, then the allegation on defendant's part be admitted by any of the Commissioners, and that he be no longer detained in prison.
John Baron, of Layer-Marney in Essex. Referred to Drs. Gwynn and Aylett to peruse the articles and defendant's answers, and to condemn him in expenses of suit and alimony to his wife if they see cause, and to tax the same, or otherwise to report to the court.
Francis Blanckby and Edward Palmer, of co. Leicester. Appeared and took oath.
fol. 314. Thomas Wilson, clerk Referred to Sir John Lambe and Sir Nathaniel Brent, to set down order as to renewing the commission for examination of witnesses, which had twice been granted but not sped.
Richard Saunders and others Publication and to report nisi, &c.
Mark Corbold and Susanna Copping. Ordered that this cause be heard the first or second court day of Easter term if it can be made ready.
Edward Thurman, clerk, pretended rector of Much Hallingbury, Essex. Dr. Ryves informed the court that this cause, prosecuted against defendant, was a cause of simony, and that by some collusion of the parties it was compounded or not prosecuted with effect, and therefore desired that he might be admitted to prosecute for his Majesty's interest, which the court thought reasonable, and ordered the cause to go in the ordinary course.
Feb. 2. Vol. cclxi., fol. 314. William Stone, clerk Ordered that Thomas Barnes, the registrar of the peculiar jurisdiction of Wimborne, having refused to deliver acts and copies of acts to defendant, should not be allowed the charges of his journeys to London to bring up the records required by this court.
Feb. 3. fol. 315. John Convers William Staynes, produced as witness, was sworn and monished.
Feb. 4. Benjamin Brocas of Maldon, Essex. Appeared and took oath to answer articles and was monished to be examined.
Henry Rey, clerk, vicar of Chalk, co. Kent, and John Morris of Milton-next-Gravesend. The like.
Aquila Weekes, keeper of the Gatehouse. Witnesses produced for the defence were sworn and admonished.
Zachary Allnutt of Ipstone, co. Bucks. Defendant being called appeared not, and was pronounced contumax, and ordered to be attached and his bond certified, which done the proofs against him were publicly read, by which it appeared that almost for the whole course of his life he has been a common curser, swearer, and blasphemer, usually swearing by God's wounds, by God, God damn me, by Jesu, and such like, and has cursed his neighbours and other people, wishing a plague of God may fall on them and theirs, and that they may never prosper, but be confounded, and has taken such a use and custom therein that he ordinarily curses his own self, his eyes, arms, hands, feet, and other parts of his body. That on the feast of Epiphany 1632, in the parish church of Ipstone, he chid and brawled, and used many taunting and opprobrious speeches to the rector of the parish church, and told the rector that he lied. That he caused one Silver of Ipstone, a poor silly old man aged 70 years, to be shaved on one side of his head, and brought the old man into church and drew men to laugh at him. That he had oftentimes willed his men servants "to hogg the whores, his maid servants." meaning to commit fornication with them. And also that he caused a neighbour of his, William Benson, to be arrested on a Sunday, going to church. The court fined him in 500l. to his Majesty, and ordered him to make a public submission conceptis verbis in this court, and also in his parish church of Ipstone. He was also condemned in costs of suit, to be taxed the next court day, and lastly to be committed until he gave bond, with sufficient sureties, for performance of this order.
Feb. 4. Vol. cclxi., fol. 316. Samuel Ward, clerk, late of Ipswich. Costs taxed at 50l., and defendant to be monished to pay the same before Easter next, or else to appear the next court day to receive the further order of the court.
Thomas Hesketh To be attached and stand committed till he put in sufficient bond to perform the order of the court, his sureties not being thought sufficient.
William Frost, clerk This day defendant purged himself for his adultery or incontinence with Anne Howell, Alice Stibbin [Stebbing,] and Susanna Wruggell. His compurgators were Henry Glover, parson of Hamorsh [Lamarsh ?], Charles Forbeech, parson of Henry Magna, Mr. Lake, vicar of Saling Magna, Mr. Jenkinson, parson of Panfield, Mr. Pruat, vicar of Lindsell, Mr. Moore, B.D.. vicar of Braughing, Dr. Etkins [Atkins,] vicar of Kensington, Mr. Eglington, vicar of Felton.
Caleb Banckes and others of Maidstone. Cause to be certainly heard the next court day, and defendants ex graciâ had time allowed to put in their defence before next court day, and were ordered to be called to receive judgment.
John Mainwaring, clerk, vicar of Stoke super aquam, Suffolk, [Stoke upon-Trent, co. Stafford,] and Roger Brereton. Appointed for next court day.
Ralph Tether and Margaret, his pretended wife, of London. Defendants alleged that they had a long time attended the court in expectation to have their cause heard, but although many assignations had passed for a peremptory hearing, yet through the slackness of prosecution it had still been put by, and other causes heard. It was now peremptorily ordered that the cause be heard, and finally sentenced the first court day of Easter term, and both parties were monished to be ready to inform with their briefs accordingly.
William Jones, printer, of London. Appeared and was censured as appears in the act.
Zachary Allnutt To be attached for non-appearance and his bond certified. The cause was heard and sentenced as before stated.
fol. 316 b. Dr. Stoughton and John White, clerk. Dr. Ryves desired further time on his Majesty's behalf, to inform himself touching this business, as also to put in articles additionals, upon new matters lately come to his knowledge. The court assented to this motion and ordered Dr. Ryves, if he could be at leisure, to prepare all ready against the next court day, as well for informing, touching Dr. Stoughton's fuller answers, as also to put in such new articles additionals touching the discovery of his secret and sly practices against the well settled government of the church and state ecclesiastical as Dr. Ryves shall think meet, and by some of the Commissioners shall be thought meet to be examined.
Feb. 4. Vol. cclxi., fol. 316 b. David Rogers of London, beaver maker. In regard defendant stood questioned at the sole accusation and prosecution of Elizabeth Daniell, a base woman, who for her many misdemeanors had been committed to Newgate and Bridewell, it was ordered that he be dismissed, unless his Majesty's advocate assume further prosecution of the case ex officio. Underwritten, with the date April 21st 1636, is a copy of a memorandum by Dr. Ryves, his Majesty's advocate, that he found the woman to be no other than is expressed in the order, therefore thought not fit to prosecute the cause ex officio any further.
Francis Hill of London, stationer Appointed for next court day.
Sir Thomas Southwell The like.
Henry Portbury of Gray's Inn The parties are said to be agreed, which the court well liked to hear of.
William Horniman, and others Appointed for next court day.
Edith West, widow, and Peter West, her son. Depositions ordered to be published. Defendants allowed to re-examine one of their witnesses at their own expense, and being meanwhile precluded from perusal of the depositions now published.
Francis Doughty, clerk, vicar of Sodbury, co. Gloucester. Pronounced contumacious for non-appearance, his punishment being reserved till next court day.
Edward Lucas, Richard Johnson, and Elizabeth Tayler, late prisoners in the Counter. Appointed for next court day.
Robert Sontley, of Sontley, co. Denbigh. To be examined before next court day, or else to be attached.
fol. 317. Peter Banson, of Henham, Essex, yeoman. Three days allowed to consider of his answers, and if the prosecutor do not insist thereupon, then the second session of next term assigned to make proof and return commission.
Thomas Jay of Ufford, co. Northampton. Upon petition of Mrs. Jay it was referred to Drs. Duck and Eden, to peruse the the articles and to condemn defendant in expenses of suit, and alimony, and to tax the same. Witnesses were then sworn and monished.
Richard Wright of Stone, Bucks, yeoman. Appointed for next court day.
Henry Huddy and Thomas Cole, bailiffs of Ottery St. Mary, Devon. The like.
John Fabian, clerk Cause ordered expressly to be heard and sentenced the beginning of next term.
Cornelius Burgess, S.T.P. Appeared and took oath; to be examined before next court day.
Francis Edwards, clerk, of East Woodhay, co. Hants. To be examined before next court day and the prosecutor to be — [Entry unfinished.]
Feb. 4. Vol. cclxi., fol. 317. Sir William Button, of Alton, Wilts, and Henry Swaddon, clerk, rector of Sutton-Veney, Wilts. They are examined. Counsel for office had till Saturday night assigned to signify whether they would insist on the defendants' answers or take a time for proof; meanwhile it was referred to Dr. Gwynn to consider of the defendants' answers; if found defective to give order for fuller, and, if full, to license the parties to depart and appear by their proctor.
Christopher Sandys Appointed for next court day.
John Evered, of Fairsted, Essex. The like.
William Cumberford, of Tamworth, co. Warwick. Referred to Sir Nathaniel Brent and Dr. Aylett.
William Phillips, of St. Bridget, Fleet Street, London. Referred to Sir John Lambe and Dr. Aylett, to consider of the articles and defendant's answers, and if they find cause, to condemn him in expenses and alimony.
Mary Tucker, of St. Mary Ottery, Devon. Referred to Drs. Duck and Eden to set down order in this cause.
Francis Ward, of St. Clement Danes, Middlesex. To be examined within three days.
Benedicta Convers, wife of John Convers, of Nevendon, Essex. Depositions of witnesses published.
fol. 317 b. Robert Porch, of Wellow, Somerset. Agreed.
William King, and others of Dundry, Somerset. Were monished to be examined before this day.
Robert Roche, of Tortworth, co. Gloucester. The defence to be put in this vacation.
Edmond Lyneold, clerk Respited till the first session of next term.
Sir Thomas Sackville Appointed for next court day.
Alphonso Iremonger, prisoner in Ludgate. Referred to Drs. Gwynn and Aylett to set down order in this cause.
William Jetherill, clerk, of Great Staughton, co. Hunts. Appointed for next court day.
— Fenner. The keeper admonished to keep him close.
Richard Butcher, Thomas Humphrey, and Eden [Edward?] Gatland, of the diocese of Chichester. An attachment decreed, if they be not examined before Monday at night.
John Baron of Layer Marney, Essex. Reference to Dr. Gwynn and Dr. Aylett, with the addition of Sir Nathaniel Brent, to peruse the articles and answers, and to condemn defendant in expenses of suit and alimony, and also to tax the same if they see cause. Also to consider of an allegation offered by Mr. Baron against his wife, and if they think fit to admit the same, then Mrs. Baron to answer before she be allotted any alimony.
Eleazar Jackson, clerk Appointed for next court day.
John Sedgwick, clerk Commission renewed.
Henry Bliss and others of Leamington, co. Warwick. Commission brought in and ordered to be opened.
Feb. 4. Vol. ccxli., fol. 317 b. John Symonds, the elder. Publication ordered, and to report.
John Symonds the younger and his sisters. The like.
Paul Clapham, clerk, vicar of Farnham, Hants. A compulsory is decreed.
Alexander Lower. Report to the court by Sir Henry Marten that he and Sir John Lambe conceived that Mr. Lower had made a very reasonable proposition to his wife, which was, to relinquish three years of his allowance of 60l. per annum, partly past and partly to come, upon condition that his wife taking the whole estate, would secure him from the debts of Mr. Davis her former husband, yet his wife refused to accept thereof, and therefore the referees desired that they might not be further troubled with the reference. After this the court was informed, that since debating the aforesaid propositions new matter was come to hand, which would make appear by whom the aforesaid debts ought in equity to be paid. The court accordingly desired the former referees to rehear the business, and set down such order as they should think meet.
fol. 318. Charles Tabor, of Ramsden-Bell-house, Essex. Appointed for next court day.
Benjamin Barwick, clerk The like.
Epiphany Howorth The like.
John Baker, clerk An attachment decreed, if he appear not before next court day.
William Jones, clerk, vicar of Tredington, co. Gloucester. Commission renewed.
William Neale, of Garsdon, Wilts Appeared and took oath.
Eleanor Puckeridge, of Foxley, Wilts, spinster. Her bond to be certified for nonappearance.
John Bath, of Christian Malford, Wilts, yeoman. Took oath and was monished, &c., to be examined before next court day.
Bartholomew Busfield Publication of depositions, and to go to report.
Erasmus Sturton, clerk Defendant to propound his defence within a fortnight, and a commission granted him for proof thereof, returnable the second session of next term.
Robert Fisher Respited for three days to take his oath.
John Unioyn [Vawyn?], Richard Mansell, and Richard Butler, of Hatherop, co. Gloucester. They appeared and took oath.
Sir Henry Rosewell, of Ford, co. Devon. To go to report.
Laurence Snelling, clerk Dr. Ryves insists on defendant's answers; he is to appear next court day.
William Catlin, of Hibaldstow, co. Lincoln. Appeared and took oath.
Feb. 4. Vol. cclxi., fol. 318. William Culpeper, of Kent Motion by Dr. Zouch assigned to next court day.
Nathaniel King, of Watford, Herts. An attachment for non-appearance.
Hugh Wyatt A motion by Dr. Ryves.
Sir John Fitzherbert Depositions of witnesses on both sides to be published.
fol. 318 b. John Pemberton, clerk, rector of Charlton, Kent. Fined 20l. for non-appearance.
William Horniman, and others To go to report.
Richard Beare, of Bovey Tracey, Devon. Appointed for next court day.
Alexander Vanden Eynden It appeared that there was only 55l. 18s. 0d. left in the registry of this court for costs of suit and alimony, which as already taxed amounted to 104l. The court ordered that defendant should pay into the registry before next court day the arrearages then taxed, and condemned him in further expenses of suit.
Gawin Johnson, of Boston, co. Lincoln. Unless the prosecutor take out the commission for taking the answers of the two poor women, defendants with Gawin Johnson, before next court day, the cause to be dismissed.
William Cocke, of Chulmleigh, Devon. Appointed for next court day.
William Stone, clerk Allegation admitted. Defendant to leave his brief in the registry before the feast of the Annunciation, and the cause to be finally heard the first session of Easter term next.
John Pincombe Appointed for next court day.
Robert Betts, of Aylsham, Norfolk. The commission is returned; a defence to be put in before the next court day.
George Fitt, apparitor The perusal of the articles and of defendant's answers referred to Sir Charles Cæsar, who is to give order for calling defendant to answer more fully as he shall find cause.
Thomas Colby and Israel Mundy [Mounds]. Referred to Drs. Sammes and Aylett to consider of a motion by the counsel of the office for renovation of the commission formerly granted, but by reason of a dangerous sickness in those parts not fully expedited, as also whether an additional or two might be given in quoad testes.
fol 319. Robert Cooke Appointed for next court day.
William Watson, clerk Defendant was questioned in this court for inconformity, but had brought into the registry an ample certificate and testimonial, and therefore desired that he might be dismissed and referred to his ordinary, which course Dr. Talbot, being counsel for the office, opposed, and desired the cause might be retained. The court referred it to Sir Nathaniel Brent and Dr. Gwynn to consider the certificate and to report what they think fit to be further done.
Feb. 4. Vol. cclxi., fol. 319. Richard Massey, clerk Reference to Sir John Lambe.
Edward Thurman, clerk Cause to be informed in and finally sentenced next court day, when defendant to be called according to his bond to receive final judgment.
William Holton Publication of depositions.
Cadwallader Kiffyn, clerk Commission returned and opened.
Anthony Erbury, clerk The like.
Thomas Roche He is condemned in expenses of suit occasioned by his non-payment of alimony, and the same referred to Sir Nathaniel Brent to be taxed.
John Blomer, of Hatherop, co.Gloucester. Appeared and took oath, and was admonished.
Dr. Tichborne He is examined; to consider of his answers.
John Cox, of Combe in Wotton-under-Edge, co. Gloucester. The like.
Theodore Morris Commission brought in and publication decreed.
Edward William Griffith and Mary his wife. He is examined; to consider of his answers before Tuesday next.
Mark Corbold and Susannah Copping, of Wortham, Suffolk. This cause to be finally sentenced the second court day of next term, if it could be made ready, and for that the defendants had formerly been presented to their ordinary for living together in vehement suspicion of adultery, they were ordered to be admonished not to be in each other's company except in places of public resort, and also to appear personally to receive final order of the court, with intimation that whether they appear or not, the court intend to proceed to definitive sentence.
fol. 319b. George Mason, clerk, of Cherry Willingham, co. Lincoln. A fortnight's time given to defendant to propound his defence, and a commission to be sped thereon, and to be returned by the second court day of Easter term next.
Richard Murray Publication, and if no defence, to go to report.
Charles Chauncey, clerk, and Humphry Packer. Mr. Chauncey's petition read, and the submission prescribed to him referred to the Commissioners at Informations to reform in such manner, that it be not repugnant to Mr. Chauncey's answers. Mr. Packer then appeared and read his submission publicly in court, which the court accepted, and having paid the expenses of suit as taxed, he was dismissed from further attendance and his bonds cancelled. The court being informed that the Commissioners at Informations had taxed the charges of suit at 40l., viz., 24l. against Mr. Chauncey and 16l. against Mr. Packer, to be paid before Easter next, the court approved the taxation.
Feb. 4. Vol. cclxi., fol. 319 b. William Peckett, rector of Bicknor, Kent. An attachment, with an intimation of 40l.
Thomas Bolton and John Disley The court being informed that defendants were very poor men and but servants to Mr. Hesketh, lately censured in this court for adultery, and that the matter wherein they had offended was by command of their master, ordered them to be dismissed and their bonds to be cancelled.
[Robert] Leman A compulsory against witnesses decreed.
Humphry Oaker Cause committed to report.
William Cumberford, of Tamworth, co. Warwick. The court were informed by Dr. Ryves that since defendant had taken home his wife his usage towards her had been more unkind than before, and further that what the court had been informed last term, viz., that the suit was commenced without her consent, was not true. To discover the untruth thereof, Mrs. Cumberford was come into court to show that it was commenced upon her special request to her father. The court ordered that if defendant did not pay the arrearages of alimony according to a former order of the court before next court day, he should be attached and committed, and referred it to Sir Nathaniel Brent and Dr. Aylett to set down order touching the continuance and desired augmentation of the alimony.
Feb. 7. Vol. cccxxiv. fol. 6. John Convers, suit promoted by Benedicta, his wife. Sir Charles Cæsar to whom this cause was referred, finding the differences between the parties did not admit of present cure, confirmed the order of Dr. Aylett for allowance of alimony after the rate of 6s. weekly, besides arrearages which are to be paid before the 5th of March. Convers then delivered to his wife 30s., and was ordered to pay 3l., being the residue of the arrearages, before the said 5th of March, and that done it was ordered he should have the bond by him entered into to one Walter, a feoffee for his wife's behoof, redelivered to him, and thereafter he was to continue to pay the said alimony of 6s. a week to his wife, by monthly portions, or in default to be attached for contempt. Sir Charles Cæsar further ordered the re-delivery of her wearing apparel and linen by the said 5th of March, or in lieu thereof 10l. to be paid before Easter next.
Feb. 8. Vol. cclxi., fol. 320. Ralph Wilbraham, of St. Martin Orgars, London. Appeared and took oath, and was monished.
Nathaniel King, of Watford The like.
Edmund Powell, clerk The like.
Feb. 8. Vol. cclxi., fol. 320. Sir William Button and Henry Swaddon, clerk. Sir William's answers being pronounced sufficient, and Swaddon having answered more fully, both were licensed to depart upon bond.
Feb. 10. William Hartwell, prisoner in Wood Street counter. Defendant, having lain in prison these 18 weeks, humbly desired that this punishment might be sufficient for a fault which concerned the abuse of the Chancellor of London's jurisdiction, and which the Chancellor himself was now pleased to remit. It was ordered that he should be forthwith enlarged out of prison.
fol. 320 b. Thomas Jay, of Ufford, co Northampton, suit promoted by Ann, his wife. Defendant Thomas Jay is ordered to enter bond with Edmund Purpitt and John Hallam, his sureties, in 300l. to the King's use, for the safety and maintenance of his wife, and to pay her 10l. towards her charges of suit, and the redemption of her apparel, pawned to enable her to prosecute this suit, and this being done, the parties were ordered to go and live together.
Feb. 11. fol. 320. Thomas Wilson, clerk The Commissioners at Informations ordered that a commission should issue out for proof of the matters objected in this cause, defendant to name commissioners by Saturday, or otherwise to be extracted without them.
Cadwallader Kiffyn, clerk John Griffith produced as witness and sworn, and customary time allowed for new interrogatories.
Sir Robert Carr Appeared and took oath to answer articles.
Catherine Games, of St.-Giles-in-the-Fields. Appeared and took oath, and was monished.
William Roger Howell The like.
fol. 320 b. Sir Henry Rosewell, of Ford, Devon, suit promoted by Roger James of Fleet Street, London, haberdasher. Roger James appeared and took oath to answer the defensive allegation put in by Sir Henry Rosewell.
James Starkie, clerk, vicar of Preston, co. Lincoln [Lancaster.] Appeared, took oath, and was monished.
Thomas Dawborne and Margaret Love. Dawborne having been questioned for incontinency and having denied it upon oath, and no one coming to prosecute, he was ordered to be dismissed.
[Some person not named, but a letter "B" placed in the middle of the blank left for the name.] Defendant stood complained of in this court for personal abuses and wrongs done to his minister, who being now satisfied with his reconciliation the cause was dismissed.
Feb. 11. Vol. cclxi., fol. 320 b. John Mainwaring, clerk, rector of Stoke-upon-Trent, co. Stafford, and William [Roger ?] Brereton, late patron of the said church. Mr. Mainwaring appeared personally, and Mr. Brereton's son appeared for his father and made oath that he was sick and unable to travel, whereupon he was excused, and the cause proceeded. Defendants were charged with contriving a simoniacal compact about presenting Mr. Mainwaring to the rectory of Stoke upon-Trent. The court held Mr. Brereton, the late patron of the rectory, to have been very faulty in exposing the same to open sale, in the vacancy thereof, and although the proofs extended not so far as to convict him of the simony charged in the articles, yet the court held them sufficient to enjoin him a canonical purgation and ordered him to appear in court personally the second session of Easter term next, and then with his own oath, and the oaths of six compurgators, gentlemen of his own rank, dwelling within twelve miles of Stoke, to purge himself from any simoniacal bargain with the said Mr. Mainwaring. For his exposing the rectory to public sale in such a scandalous manner he was fined 100l. to his Majesty's use, and was ordered to appear personally the second session of next term, to hear the further order of the court in case he should fail in his purgation. He was further condemned in costs of suit, which are to be taxed the next court day. Touching Mr. Mainwaring the charge against him of being "simoniace promotus," could not be made to appear to the court by the articles and proofs had thereupon in this cause, wherefore he was dismissed without any charges on either side.
Feb. 11. Vol. cccxxiv., fol. 1. Zachary Allnutt, of Ipstone, Bucks. Taxation of costs at 10l confirmed.
Ralph Tether and Margaret his pretended wife. Entry similar to that which occurs at p. 478, under date of February 4, Vol. cclxi., fol. 316.
William Jones, prisoner in the Gatehouse. His wife is allowed to go to him.
William Frost, clerk Counsel for defendant moved the court for a relaxation of the suspension inflicted on him in regard he had passed his purgation and the costs had been taxed against him, and according to the order of this court he had removed Hannah, daughter of Anne Howell, out of his house, and thereby taken away the scandal which had grown concerning her. The court refused to release the suspension until defendant brought into the registry a certificate of such removal, which done it was referred to any of the commissioners to set down order for his relaxation.
Feb. 11. Vol. cccxxiv., fol. 1. Robert Cooke, of Feering, Essex. Assigned to next court day.
Sir Thomas Southwell Dr. Ryves, his Majesty's advocate, alleged that whereas a complaint had been made in this court against defendant, by Lady Southwell, his wife, for alimony; also that he was questioned for adultery and blasphemy, by a prosecutor since deceased, and had been convented for incest committed with his wife's sister, from which last charge he had endeavoured to get dismissed, upon suggestion that above ten years had elapsed since the pretended incest was committed, and would likewise evade the justice of the court touching the charges of adultery and blasphemy by colour of an order of dismission which he got upon composition made with his wife after the death of the prosecutor. The King, misliking that offences of so high a nature should pass unpunished, had signified his pleasure that Dr. Ryves should forthwith proceed against defendant as well upon the said articles of adultery and blasphemy as also upon the matter of incest and upon other articles additionals, any former dismission to the contrary notwithstanding, upon whose motion the court so ordered accordingly.
Francis Doughty, clerk, vicar of Sodbury, co. Gloucester. Defendant is to satisfy the Bishop of London within a month.
Robert Sontley, of Sontley, co. Denbigh. Defendant is examined. The cause, by his Majesty, is ordered to be retained.
Richard Wright, of Stone, Bucks His appearance by bond respited until this day.
Cornelius Burges, S.T.P. Ordered to bring his notes of his sermons, especially of his late sermon, within a week, or else to be attached.
fol. 1 b. Thomas Jay, of Ufford, co. Northampton. Petition presented by Mrs. Jay, wherein, for reasons purposely concealed, as she pretended, she alleged that she durst not live with her husband. The court being informed by Drs. Duck and Eden, to whom this cause had been referred, that there appeared no sufficient cause why defendant should pay alimony, he being willing to receive home his wife and give security for her well usage, whereupon the referees had ordered Mrs. Jay to go home and live with her husband; the court confirmed that order, and dismissed defendant on his giving the security before-mentioned.
Francis Edwards, clerk, of East Woodhay, Hants. He is examined. A commission saving any question of his giving fuller answers.
Feb. 11. Vol. cccxxiv., fol. 1 b. Edward Thurman, clerk Delivered in a petition wherein he declared, that being distracted and oppressed by multiplicity of suits, he prayed a longer time for procuring his defence. Order made that he should propound his defence this vacation, but that further proceedings be stayed until the first court day of next term.
John Horsham, clerk, vicar of Staverton, Devon. Counsel for the office ordered to bring in their proofs by Mid-Lent Sunday, and the proctor for defendant to answer such exhibits as shall be given in before that time. The cause to be sentenced with all convenient speed.
Christopher Sandys, of Lyssen, co. Tyrone, Ireland. Cause to be sentenced out of defendant's answers. He desires his petition to be read. Was personally monished to appear.
John Evered, of Fairsted, Essex He was monished to be examined before this day.
William Cumberford, of Tamworth, co. Warwick. Sir Nathaniel Brent and Dr. Aylett, to whom this cause was referred, reported that Mr. Cumberford had deluded the court in that, under pretence of receiving his wife home, he had used her more harshly than before, and therefore they held it meet that the alimony heretofore allowed to her, after the rate of 150l. a year, should be continued and be paid quarterly, and that 40l. should be paid to her for the time past. Such alimony to be paid until, upon proof of defendant's estate, the court should see cause to increase it or take some other order therein. The report was confirmed and an attachment decreed, if defendant should fail in the quarterly payments.
fol. 2. Francis Ward, of St. Clement Danes, London; suit promoted by Phillis, his wife. The perusal of defendant's answers was referred to Sir Charles Cæsar and Dr. Gwynn, with power to give order for fuller answers, and to condemn defendant in expenses of suit and alimony, if they find cause.
William King and others, of Dundry, Somerset. Three days allowed to insist upon their answers.
William Jetherill, of Staughton Magna, Hunts. Appointed for next court day.
William Phillips, of London, sadler Reference to Sir John Lambe and Dr. Aylett.
Richard Butcher, Thomas Humphrey, and Edward Gatland, of the diocese of Chichester. An attachment against Butcher for nonappearance.
John Baron, of Layer-Marney, Essex. Appointed for next court day.
Eleazar Jackson, clerk The commission returned; publication of depositions and the cause to go to report.
Paul Clapham, clerk, vicar of Farnham, Hants. A compulsory decreed to bring in witnesses against Mr. Clapham; such witnesses to be examined by the first court day of next term.
Feb. 11. Vol. cccxxiv., fol. 2. Alexander Lower Appointed for next court day.
Benjamin Barwick, clerk To bring in the commission or else to be attached.
Epiphany Howorth Appointed for next court day.
William Neale, of Garsdon, Wilts Defendant having given in his answers, was licensed to depart and to appear by his proctor.
Eleanor Puckeridge, of Foxley, Wilts, spinster. Appointed for next court day.
John Bath, of Christian Malford, Wilts, yeoman. Three days allowed to the counsel of the office to consider of defendant's answers; and if they do not insist, to take forth a commission returnable the second session of next term. Defendant's answers being perfected, he was licensed to depart and appear by his proctor.
John Vawyn, Richard Mansell, and Richard Butler. Defendants having been examined, and three days time allowed the counsel of the office to consider of their answers, if they do not insist, then the defendants were licensed to depart and appear by their proctor, and a commission was decreed for proof of the articles, if they intend to use any.
William Catlin, clerk, of Hibaldstow, co. Lincoln. Defendant to be examined within a week, or to be attached.
fol. 2 b. Alexander Vanden Eynden The Commissioners at Informations reported that they had taxed the further expenses of suit at 10l., which was confirmed, and defendant to be monished to pay the same within 10 days, or to be attached.
William Stone, clerk Appointed for next court day.
Robert Betts, of Aylsham, Norfolk Defendant ordered to put in his defence within a fortnight, and to return his commission before the next term.
Caleb Banckes, Ambrose Beale, Martin Jefferies, John Wall, Lawrence Newton, and Robert Hills, of Maidstone, Kent. Defendants appeared to receive judgment, but the Commissioners at Informations made report that they had proceeded in the examination of the brief and proofs as time would permit, but could not finish it, whereupon the cause was ordered to be made ready for sentence against the first court day of next term, defendants being monished then to appear, with intimation that whether they come or not, the court intend to proceed to sentence.
George Fitt, apparitor of the diocese of Norwich. Appointed for next court day.
Thomas Colby and Israel Mundes The like.
William Watson, clerk The like.
Richard Massey, clerk The like.
John Convers Reference of a motion to Sir Charles Cæsar.
Feb. 11. Vol. cccxxiv., fol. 2 b. Cadwallader Kiffyn, clerk, rector of Llaniestyn, co. Carnarvon. Depositions of witnesses published, and defendant ordered to propound his defence by that day fortnight, and to return the commission now granted by the second court day of next term. It was further ordered, that so many of the promoter's witnesses as had not been examined on certain interrogatories, should be called again and examined upon such of defendant's interrogatories as he should think meet; and lastly, defendant was ordered to answer upon oath to such allegations as should be ministered to him on the promoter's behalf, before taking out the commission.
Anthony Erbury, clerk Commission opened, and depositions published.
Charles Chauncey, clerk He appeared and performed his submission, and was monished to carry himself (see p. 494).
fol. 3. Thomas Roche Appointed for next court day.
James Car, of St. Martin's-in-the Fields, Middlesex. Defendant to be examined within a week.
John Blomer, of Hatherop, co. Gloucester. Time allowed the counsel for the office till Saturday night, to consider of defendant's answers, and if they do not insist, then defendant is licensed to depart and appear by his proctor.
Dr. Tichborne A commission, and defendant to answer more fully.
Thomas Austen, clerk Defendant's counsel desired a relaxation from the inhibition of this court, which was opposed on the ground that he had made trifling and defective answers to the articles in court against him. On these grounds the court confirmed the inhibition.
Edward William Griffith, and Mary his wife. A commission was decreed, and defendant ordered to appear by his proctor.
Sir John Fitzherbert Sir John to give in his defence within a fortnight, and to return his commission and proofs by the second court day of next term.
George Lodge, and Elizabeth his wife. A commission granted.
Richard Saunders and others To report.
Samuel Rich, clerk, late of North Cerney, co. Gloucester. Referred to Drs. Gwynn and Aylett to consider the sufficiency of defendant's answers, and a commission decreed for examination of witnesses against defendant, returnable the second session of next term.
Sir Henry Rosewell, of Ford, in Thorncombe, Devon. To be examined within three days, or else to be attached.
Sir Richard Strode Reference to the Commissioners at Informations to consider defendant's petition praying that the sentence of the court might be rectified, and costs be allowed him against the promoter.
Feb. 11. Vol. cccxxiv., fol. 3. Thomas Palmer and others of Stamford, co. Lincoln. Referred to Sir John Lambe.
fol. 3 b. Robert Knowles, clerk An attachment if he pay not the —.
Edmund Lyneold, clerk The promoter desires his petition to be read. Defendant to be deprived absolutely if he conform not himself.
Nathaniel King, of Watford, Herts. Appeared and took oath. Referred to Drs. Aylett and Wood to set down order herein.
William Holton Depositions published; a defence.
John Symonds, the elder Depositions published.
John Symonds, the younger, and others. The like.
Benedicta Convers, wife of John Convers, of Nevendon, Essex. It was moved on the part of John Convers that he had entered into 20l. bond to one Walter, a feoffee of his wife's choosing, for payment of alimony allotted her by this court, which had been duly paid, which notwithstanding he had lately been arrested upon the said bond, and it was therefore desired that he might not be compelled to pay any further alimony until the said bond were re-delivered to him. This was opposed on the part of his wife, who desired that the attachment formerly granted might be renewed, for that he had not as yet paid all the arrearages of alimony. Both motions were referred to Sir Charles Cæsar.
William Tipping, John Keate, and George Ives. Defendants desired to be dismissed, having given satisfaction and undergone the order of the Bishop of Oxford, to whom this cause was referred, but the counsel for the office desired time to consider of the said order and certificate before any final dismission of this cause were confirmed by this court, and were allowed until the first court day of Easter term for that purpose.
Conon Richardson, clerk A commission granted
William Culpeper Referred to Sir John Lambe and Sir Nathaniel Brent.
William Brooke, of Hasteven [?], co. Stafford. [See p. 469.] It was alleged on the part of defendant that the party bound to prosecute was insufficient, and it was desired that better bond de prosequendo might be given; also, that as no exceptions had been taken against defendant's answers he might be licensed to depart and appear by his proctor. Both motions were referred to Drs. Gwynn and Aylett.
Luke Savage, of Brancaster, Norfolk. An attachment for non-appearance.
John Wharton and Francis Jones, prisoners in Newgate. Wharton appeared in custody of the keeper, and was commanded [back again ?] because he refused to answer articles.
Anthony Marley, of Rodborne Cheney, co. Wilts. An attachment for non-appearance.
Feb. 11. Vol. cccxxiv., fol. 3 b. Bartholomew Busfield A motion by Dr. Lewyn.
Edmund Fortescue To speed their commission this vacation.
fol. 4. Griffin Roberts, clerk To report.
John Davies and Eustace Davies, clerks. Their defence to be put in that day sen'night, and to be proved this vacation.
Richard Berne [Beare], of Bovey Tracey, Devon. Dismissed.
Sir William Button and Henry Swaddon, clerk. A commission.
Edmund Powell, of Gungrog, co. Montgomery. A motion by Dr. Clerke.
Gawin Johnson He that asks the commission is to pay for it.
Lawrence Turnell, clerk This cause to go to report, and ordered to be heard the last court day of Easter term. The briefs on both sides to be left in the registrar's office before next term.
William Richardson, clerk, in the first cause. At the expediting of the commission for Mr. Richardson's defence, the promoter's interrogatories missing of an advocate's hand by miscarriage were put by, and no witnesses of the defendant examined on them. A commission was decreed for re-examination of the said witnesses if the promoter thought good, to be returned by the second court day of Easter term next, and this to be done at the promoter's charges.
The same William Richardson, in the second cause. Report of Sir John Lambe that he thought fit that this second cause against Mr. Richardson should proceed, and that a commission should go on for examination of witnesses returnable the second court day of next term. The report was confirmed.
Theodore Morris A defence within a week, and a commission.
William Horniman, Mary Cocke, and Wilmot Braunton [Bra moton ?], of Northam, Devon. Counsel for the defence informed the court that the parties were questioned for a clandestine marriage, and witnesses being examined, nothing appeared against Wilmot Braunton, but that she was brought in purposely to deprive the other defendants of the benefit of her testimony; it was therefore desired that she might be examined as a witness on the defence of Horniman and Cocke. The motion was referred to Sir John Lambe. Lastly, defendants were assigned to propound their defence within this week, and to return their commission by the second session of next term.
Feb. 11. Vol. cccxxiv., fol. 4. Alphonso Iremonger, prisoner in Ludgate. Ordered that no attachment should issue out against William Lewyn, surety for defendant's wife's alimony, this vacation, for any default of payment of the said alimony, in regard Mr. Lewyn desired rather to have his bond certified and to pay the forfeiture, than to be tied any longer to pay the alimony. The court respited the certifying the bond till the next term.
Dr. Grant An attachment against the witnesses upon an affidavit.
William Roger Howell, Edward Williams, and Hoskyn David. An attachment for non-appearance.
fol. 4 b. William Peckett, clerk Appeared, and then, inasmuch as he had committed sundry attempts against the authority of this court, and stood out attachments and intimations, and was then brought in by strong hand, he was ordered to stand committed to the messenger, until he should make full and direct answers to the articles objected against him, and should give bond with sureties for his forthcoming to undergo the order of the court.
Lawson and others Lawson appeared, and was committed to the Gatehouse.
William Tayler, of Hundon, Suffolk. A commission was decreed for examination of witnesses this vacation, returnable the second session of next term.
John Coleba[n]cke and Catherine Nicholls, his pretended wife. Appeared not, and the court being informed that they were fugitive persons, and not easily to be found, ordered them to be attached de novo, and their bonds to be certified if they appeared not the next court day.
Richard Brayfield, clerk A motion for defendant to pay his wife before Lady-day, or else to be attached.
William Erbury, clerk Publication, and a defence.
Samuel Ward, clerk A motion by Dr. Merrick.
Sir [John] Trevor A defence, and a commission.
William Some, of Hundon, Suffolk. Mrs. Some's petition read.
John Coxe, of Combe, co. Gloucester, yeoman. No exceptions having been taken to defendant's answers, he was licensed to depart, giving bond to appear by his proctor.
Samuel Southen, clerk, of Henham, Essex. A commission.
Sir John Bale and John White, clerk. A commission upon the defence [entered more fully over-leaf].
Mary Tucker The court being informed that the promoter of this cause dwelt 200 miles off, and that it was a crime of incest, the dismission of the cause was respited until the first court day of next term, that in case any better bond de prosequendo be entered in the meantime, the cause may be retained, if not dismissed.
Feb. 11. Vol. cccxxiv., fol. 4 b. Anthony Morse of Rodborne Cheney, [Wilts.] Appeared and took oath.
Lewis Mordant the elder and Lewis Mordant the younger. Lewis Mordant appeared; an attachment for the rest (sic).
Sir John Bale, and John White, clerk. Motion of counsel for defendants that Mr. Burden, a witness formerly examined against defendants, might be re-examined on the part of defendants on the 29th interrogatory. It was referred to Drs. Duck and Eden, to consider whether that interrogatory contains any scandalous or unfit matter, if not, to give order for calling Mr. Burden to answer the same. Defendants to speed their commission, and return their proofs by the first court day of next term.
fol. 5. Charles Chauncey, clerk Appeared and with bended knee read the following submission in court: "Whereas I Charles Chauncey, clerk, late vicar of Ware, in the county of Hertford, stand by sentence of this court legally convicted for opposing the setting of a rail about the communion table in the chancel of the parish church of Ware, with a bench thereunto affixed for the communicants to resort unto and to receive the blessed sacrament there kneeling on their knees, and for using invective speeches against the said rail and bench, saying it was an innovation, a snare to men's consciences, and a breach of the second commandment, an addition to the Lord's worship and that which had driven me out of [the] town: I the said Charles Chauncey do here before this honourable court acknowledge my great offence in using the said invective words, and am heartily sorry for the same, and protest and am ready to declare by virtue of my oath, that I now hold and am persuaded in my conscience that kneeling at the receiving of the holy communion is a lawful and commendable gesture, and that a rail set up in the chancel of any church by the authority of the ordinary, with a bench thereunto affixed for the communicants to repair unto to receive the holy communion kneeling, is a decent and convenient ornament for that purpose, and this court conceiveth that the rail set up lately in the parish church of Ware, with the bench affixed, is such a one; and I do further confess that I was much to blame for opposing the same, and do promise henceforth, never by word or deed to oppose either that or any other the laudable rites and ceremonies prescribed and commanded to be used in the church of England.
(Signed) Charles Chauncey.
Feb. 11. Vol. ccxxiv., fol. 5. After which the Archbishop of Canterbury in the name of the whole court judicially admonished defendant to carry himself peaceably and conformably to the doctrine and discipline, rites and ceremonies of the Church of England, and neither by word or deed to oppose or bring into disesteem any of them, with this intimation, that in case he were convented again, for any opposition or refractoriness touching the premises, the court intended to proceed against him with all severity. With this admonition the court dismissed him, he first paying the charges of suit and the fees of his dismission.
Richard Brayfield, clerk, suit promoted by his wife. Monition decreed for defendant to pay into the registrar's office the arrears of his wife's alimony at 10l. per annum until the 9th of November last, and at 15l. per annum since that time, and in default, thereof, or of his not continuing to pay the 15l. per annum, an attachment is decreed against him without further motion.
Feb. 13. fol. 5 b. Edmund Win, of St. Martin Orgars, London. Appeared and took oath and was monished.
William Brooke Licensed to appear by his proctor, and no commission to go out till a sufficient prosecutor be given.
Sir John Bale and John White, clerk, of Carlton Curlieu, co. Leicester. The Commissioners at Informations ordered that Mr. Burden should be examined to the whole 29th interrogatory, excepting one particular specified clause.
Feb. 16. fol. 5 b. Charles Chauncey, clerk Appeared and moved that having performed his submission he might be released from his suspension, which was ordered accordingly.
Feb. 18. Day of Mitigation of fines. fol. 6 b. Robert Barker and Martin Lucas, the King's printers. Their fine of 300l., imposed 10th October 1633, and respited till this day, was assigned to next court day.
Lady Eleanor Douglas alias Davies. Her fine of 3,000l., imposed 24th October 1633, and respited till this day, was assigned to next court day.
Theophilus Brabourne His fine of 1,000l., imposed the same day as the preceding, and respited till this day, was remitted.
John Egerton His fine of 200l., imposed 16th April 1635, and mitigated to 100 marks, was respited till next court day.
Robert Betts His bond of 50l., forfeited the 30th April 1635, for non-appearance, and respited till this day, was decreed to be re-delivered by act of the court on the third session of Easter term next.
Middleton and Thorn The certifying of their bonds for nonappearance, forfeited on the same day as the preceding, and respited till this day, was further respited till the next day of mitigation of fines.
Feb. 18. Vol. cccxxiv., fol. 6 b. Dean Murray The certifying of his fine of 2,000l., imposed 4th June 1635, and respited till this day, was assigned till next court day.
William Hill of Fareham, Hants The like for his fine of 2,000l., imposed on 12th June 1635.
Nicholas Brewster, John Brewster, and Dorothy Turner. Their bonds ordered to be certified 15th October 1635, for their non-appearance, were respited till next court day.
Alexander Vanden Eynden Fined 40l., by intimation, upon his nonappearance, 29th October 1635, to answer his contempt to bring in the money.
fol. 7. John Baker, clerk His bond was on the 26th November 1635 pronounced forfeited, for not extracting the commission for his answer.
Thomas Hesketh Fined on the 28th January 1635–6, 1,000l. for sundry notorious adulteries. If he bring in 500l. into court before the 1st of April, the court will take order for mitigation of the rest.
William Jones, printer Fined on the 4th February 1635–6, in 2,000l. for printing seditious books, much derogatory to the church of England and religion here. Assigned to next court day.
Zachary Allnutt Fined the same day as the preceding in 500l. for blasphemous oaths and abetting bawdry. Presented a petition praying respite till next term for performance of his sentence, but the court being informed that he stood out in contempt, and that a messenger being sent down to bring him up, he had subducted himself, decreed a new attachment against him, with an intimation of 50l. in case he came not in by the first court day of the next term.
John Pemberton, clerk He was fined on the same day as the preceding, in 20l. for non-appearance according to an intimation.
Roger Brereton Fined the 11th February 1635–6, in 100l., for setting to sale the rectory of Stoke-upon-Trent. He now desired his petition to be read; it was assigned to the next court day. Brereton was ordered to pay good round costs, and Mainwaring was discharged.
Samuel Ward, clerk Ordered that defendant pay his costs first, and make submission, before his enlargement.
Francis Doughty Desires his petition to be read. Referred to the Bishop of London.
Richard Massey, clerk, suit promoted by Robert Richardson. An attachment decreed against him.
William Davies, prisoner in the Gatehouse. Desires his petition to be read. To be called to do his penance in St. Paul's.
Feb. 18. Vol. cccxxiv., fol. 7. [Baldwyn] Arthur and his wife She is to have 40l. a year, and 20l. a year for clothes; confirmed by the court.
Henry Rode, of Salcott Furley, Essex, Peter Coxall, of Copford, Essex, John Coxall and William Tomlin and Mary his daughter, of Moulsham, Essex. An attachment decreed against them.
Thomas Ackson, clerk To put in their defence, and to prove it before the second session of next term.
fol. 7 b. Christopher Sandys On reading his petition his appearance was respited until the second court day of Trinity term, when he was monished to attend the Commissioners to receive final sentence, with intimation that the court will then proceed to sentence, his absence or contumacy notwithstanding.
Sir Giles Allington The court being informed, on behalf of Sir Giles, that whereas he stood bound in 5,000l. for avoiding the company of Mrs. Dorothy Dalton, his sister's daughter, the said Mrs. Dalton was since dead, whereby all occasion of scandal was taken away, it was thereupon ordered that Sir Giles be dimissed and his bonds cancelled.
William King and others A commission decreed.
[William] Horniman and others The contract was referred to the Arches. The misdeameanors are retained and a commission is decreed.
Hugh Wyatt Ordered that defendant give in his brief of defence within a month, sub pæna carentiæ, and the cause to be sentenced with all-convenient speed.
Edward Thurman, clerk The petition of Robert Dixon was read wherein he offered his own bond de prosequendo against Mr. Thurman, which the court accepted and admitted him prosecutor accordingly. Ordered that defendant be monished to give in his defence within a month after notice, and to speed his commission and return his proofs by the second court day of next term.
Sir William Hetwayes [Hellwys?] Not to move for him until (sic).
Cornelius Burgess, S.T.P. His petition was read, wherein he declared that whereas he had been monished to bring in the copy or notes of the sermon for which he stood questioned, he was unable to do so, having burned the same, and therefore desired that the court would spare him in this particular. The court conceiving this allegation to be elusory, peremptorily ordered him to bring in the copy or sermon notes or in default to be attached.
Feb. 18. Vol. cccxxiv., fol. 8. Touching the curates of Sudbury, Suffolk. Upon a petition and schedule read, [it was ordered that] St. Gregory's and St. Peter's are to have all the ancient allowances, vizt., the curate of St. Gregory's to have 49l. a year, and the curate of St. Peter's to have 35l., with all arrearages for time past.
Sir John Bale and John White, clerk. Referred to Sir Nathaniel Brent and Dr. Aylett to admit their defences or so much thereof as they might think fit. Defendants were ordered to extract and return their commission eight days before Easter next.
Thomas Wilson, clerk, of Stratford-upon-Avon. His petition was read. Being pressed with a suit in the Court of Chancery by the town of Stratford-on Avon, his adversaries in this cause, he could not attend to the expediting of his commission. Letter to be sent to the Bishop of Worcester, his ordinary, to inquire into his conformity, and to certify the first court day of next term, and in the interim all proceedings to be stayed.
John Wharton, prisoner in "le Newgate." His wife's petition being read, declaring his great age and weak estate, it was ordered that on his giving bond for his appearance on the first court day of Easter term, and paying fees, he should be enlarged.
Baldwyn Arthur, of St. Bartholomew-the-Less, London; suit promoted by Jane his wife. Report of Sir John Lambe upon a reference from the Archbishop of Canterbury. By consent of both parties he had ordered Mr. Arthur to allow 40l. per annum to his wife, payable quarterly, or in default of payment within 20 days he is to be attached. He was ordered to allow his wife 20l., to be paid upon a week's notice, for apparel, which order was confirmed by the court.
Feb. 18. fol. 8 b. Mr. Mottershed, the registrar, exhibited a bill of monies by him laid out by direction of the court for the public service of the church and state, with a petition for allowance of the expenses of him and his clerks, about businesses prosecuted ex officio, some of which were referred to this court by the Privy Council, the consideration whereof was referred to certain of the Commissioners, who are to peruse and rate the bills, and to set down such allowance as has been usual in like cases. They are also to do the like for the messengers.
The under-mentioned messengers of the Chamber having received no recompence during the last three years, for their services and charges in discovering and apprehending priests, jesuits, and schismatical recusants, seizing popish and seditious books, and apprehending delinquents questioned for incest, adultery, and other great crimes punishable by ecclesiastical authority, the Commissioners awarded them the sums following, vizt., to John Wragg, 70l., to Richard Tomlins, 80l., and to Faith Crosse, daughter and executrix of Humphry Crosse, lately deceased, 50l., to be paid by Thomas Mottershed, receiver of the fines and forfeitures accruing to his Majesty, by virtue of the Commission Ecclesiastical, likewise to William Flamsted, one of the messengers, 20l. [Misdated, Die Jovis, vizt., 13° Februarij 1635.]
Feb. 18. Vol. cccxxiv., fol. 8 b. [William] Horniman, Mary Cocke, and Wilmot Brampton. Report of Sir John Lambe, that the articles against defendants contain the undue contriving of a marriage between the two first-named defendants, Horniman being precontracted to Mary Vigares and Cocke to John Beaple, and that Wilmot Brampton knowing of these precontracts assisted in the marriage of Horniman and Cocke. In respect that the material point in question will be touching the lawfulness of the marriage between Horniman and Cocke by reason of these precontracts which point would be more properly determinable in the Court of Arches, therefore Sir John held it convenient that the marriage should be first tried in that court, after which any further proceedings might be had in this cause touching any misdemeanour concerning the same marriage. The court approved this report, and stayed all proceedings in this cause until the causes had been tried in the Court of Arches.
fol. 9. John Andrews and Oliver Andrews, proprietaries of the rectory of St. Gregory and St. Peter in Sudbury. Upon a petition delivered to the court on behalf of Robert Smith, curate of St. Gregory's, and of John Harrison, curate of St. Peter in Sudbury, it appeared that there are in Sudbury three large congregations, of which those of St. Gregory and St. Peter contained 1,200 communicants, and the said two curates having long officiated in the said cures, have received from the proprietaries of the said rectory so small recompence that they are in no sort able to maintain themselves, which his Grace's VicarGeneral seeking by all fair means to redress, found the proprietaries so averse and refractory that he has complained to this court for assistance for settling the curates' wages. The court ordered that both the curates be continued in their places without molestation, and that the impropriators should pay, according to the former ancient allowance, to Robert Smith 49l. per annum, and to John Harrison 35l. per annum. Also a monition was decreed against the said proprietaries, for payment of arrearages according to that proportion from Michaelmas 1634 to Christmas last.
Feb. 19. fol. 5 b. John Baron of Layer Marney, Essex; suit promoted by Elizabeth his wife. Ordered that defendant pay his wife for expenses of suit, 4l. within a week, 4l. more on May Day then next, and afterwards 4l. a quarter at the feasts of Lammas, All Hallows, Candlemas, and May Day. It being alleged by defendants that his wife entertained suspicious familiarity with William Smith, who went about with her from place to place upon pretence of soliciting her cause, it was ordered that in case she came in company with him, except in public, all further alimony to her should cease.
Feb. 23. Vol. cccxxiv., fol. 9 b. Sir John Bale and John White, clerk. The referees having perused the defence, admitted so much thereof as they thought meet, and decreed the commission formerly granted to be transmitted before Easter, so that the briefs may be made ready and the cause be prepared for hearing by the next term.
Feb. 24. William Frost, clerk, rector of Middleton, Essex. Defendant having produced a certificate of the removal of Hannah, the daughter of Anne Howell, from his house, and an affidavit being made of the truth of the certificate, the said defendant was released from the suspension formerly inflicted on him, he taking his oath to obey the law and stand to the commands of this court.
Cadwallader Kyffin, clerk His defence admitted, and process decreed for the answer of the promoter.
Feb. 26. Thomas Hesketh of Rufford, co. Lancaster. Upon reference from the Archbishop of Canterbury, defendant's fine of 1,000l. was mitigated to 500l., to be paid by 100l. per annum, to the use of repairing or new building the west end of St. Paul's.
March 4. Alexander Lower; suit promoted by Prudence his wife. The Commissioners perceiving that Mrs. Lower contumaciously absented herself from attending the referees, ordered that Mr. Lower should have free power to receive the rents of his tenants, any former order of theirs to the contrary notwithstanding; and being informed that a clause was subjoined to an order of theirs of the 28th November last that the rents should be paid to Mrs. Lower, they disclaimed the same, and in case their hands have been surreptitiously gotten thereunto they revoked the same.
March 5. fol. 10. Sir Ralph Ashton, of Whalley, co. Lancaster. Defendant appeared personally, when the articles against him, with his answers, were read, by which it appeared that he was guilty of incest with Alice the wife of John Kenyon and Joan Whiteaires her niece, and of a long continued adultery with Elizabeth Holmes. In his answers defendant pleaded a coronation pardon, but produced none, and being offered by the court further time to plead such pardon, he submitted himself to the censure of this court, and desired them to proceed to sentence. The court enjoined him to do public penance, in a white sheet, in his parish church of Whalley, in the cathedral church of Chester, and in the next market town adjoining the parish of Whalley, but upon his alleging that he was a gentleman descended of an ancient family, and had a virtuous lady to his wife, and ten children, and that if he were enforced to perform this penance it would tend to the disparagement of his wife and children,
March 5. Vol. cccxxiv., fol. 10. especially divers of the latter standing upon their preferment in marriage, the court in consideration thereof commuted his penance into a payment of 300l., by 50l. a year, towards the repair of the west end of St. Paul's, and Sir Ralph was enjoined before his departure to give bond in 600l. to his Majesty's use, for payment of the said 300l. to the Archbishop of Canterbury and the Lord Mayor of London for the purpose aforesaid; he was also judicially admonished for avoiding future scandal, not to come into the company of the persons with whom his offences had been committed, and to that end to give bond in 1,000 marks. Lastly he was ordered to be attached until these bonds were entered into, and until he should have paid 12l. expenses of suit.
March 8. Francis Ward of St. Clement Danes, London, suit promoted by Phillis his wife. Both parties appeared personally before Sir Charles Cæsar and Dr. Gwynn, to whom this cause was referred, when the referees ordered that Francis Ward should pay 4l. to his wife, for expenses of suit, before the Feast of the Annunciation, or in default thereof be attached; and because it appeared not that he had any certain estate the referees did not for the present allot any alimony to the said Phillis, but in regard she offered to go home to her husband, and desired him to receive her, which he refused to do, and yet alleged no reason, the referees resolved to report to the court that he confessed he had formerly got 200l. per annum by his trade, and leave it to the court what further costs and alimony should be allowed.
March 12. Robert Sontley, of Sontley, co. Denbigh. The Commissioners to whom this cause had been referred by the Archbishop of Canterbury, finding all the particulars objected against defendant to be denied in his answers, saving the matter of simple incontinency charged upon him, being a bachelor, with a single woman, it was ordered that that article should be put out, as being more fit for an ordinary court, and for the other pretended misdemeanours, as he had denied them upon oath, he was licensed to depart and appear by his proctor, giving bond as usual. Before any further proceedings were had by the office a sufficient bond de prosequendo was to be put in for payment of Sontley's charges in case of failure in proof.
April 23. William Gifford Defendant appeared, took oath, and was monished.
April 26. Vincent de Gregorio The like.
May 4. Vol. ccxxiv., fol. 11. John Long, of Dorchester, bookseller. He appeared and took oath to answer articles and was monished to be examined.
Michael Sparke The like.
fol. 11 b. Thomas Shergold, the younger, George Frith, Edward Perry, and Alexander Dowle, of East Knoyle and Chapel de Hindon, Wilts. The like.
May 5. William Browne, of Dorchester [No entry.]
John Sills, of Normanton, co. Leicester. He appeared, took oath, and was monished.
John Edwards, of Tradenog [Treddunnock ?], co. Monmouth. The like.
David Edwards and others of St. Martin Orgars, London. Brian Walton, Ann Walton, and other witnesses were produced and sworn, and monished to be examined before next court day.
fol. 12. Ferdinand Adams, shoemaker An intimation upon pain of 40l.
Roger Brereton Appointed for next court day.
Ralph Tether and Margaret his pretended wife. The like.
Vincent de Gregorio, an Italian, prisoner in the Gatehouse. He appeared. Names of witnesses produced.
Edward Thurman, clerk Defendant allowed till the first court day of Michaelmas term for return of his commission; his defence was referred to any one of the Commissioners to admit the same.
John Horsham, clerk Saving the answers of Wyan, the cause to go to report.
John Evered, of Fairsted, Essex Appointed for next court day.
Francis Ward, of St. Clement Danes; suit promoted by Phillis, his wife. The like.
William Jetherill, of Staughton Magna, co. Huntingdon. The like.
William Phillips, of Fleet Street, London, sadler. The like.
Richard Butcher, Thomas Humphreys, and Edward Gatland, of the diocese of Chichester. The like.
Paul Clapham, clerk, vicar of Farnham, Surrey. Attachment against various witnesses who were to have been examined before this day.
Eleanor Puckeridge of Foxley, Wilts, spinster. Her bond to be certified if she appear not next court day.
fol. 12 b. William Stone, clerk Defendant having exhibited a copy of a record out of the Bishop of Bristol's registry the accuracy of which had been disputed, leave was given to examine a witness in proof thereof.
Thomas Wilson, clerk, of Stratford-upon-Avon, co. Warwick. He is to return certificate from the Bishop of Worcester, touching his conformity, this day.
May 5. Vol. cccxxiv., fol. 12 b. Sir John Bale and John White, clerk. Defendants had caused witnesses to be examined on certain articles obliterated in their defence, and procured other witnesses to be examined on Good Friday, when the Commissioners for the promoter, being clergymen, could not attend; it was desired that such depositions might be suppressed. Reference thereon to Sir John Lambe and Dr. Aylett.
Hugh Wyatt Appointed for next court day.
Thomas Colby and Israel Mundes The like.
William Tipping, John Keate, and George Ives. This cause not to be dismissed until it appeared to the court that defendants had performed the order set down by the Bishop of Oxford, to whom this cause was referred.
Dr. Tichborne An attachment against John Owen. Dr. Tichborne to have leave to produce Sir Nathaniel Brent and his man for witnesses. Depositions of witnesses to be published.
Sir Henry Rosewell Roger James the prosecutor was ordered to answer the defendant's allegation before this day; a motion by Dr. Merrick.
Laurence Snelling, clerk Snelling to answer allegations.
Anthony Morse of Rodborne Cheney, Wilts. Defendant had given in his answers and entered bond to appear by his proctor, and for the present was very sick and not likely to recover. Ordered, that the cause should continue in statu quo until the first court day of next term.
fol. 13. Dr. Grant An attachment against witnesses.
Lewis Mordaunt Appointed for next court day.
Edmund Lyneold, clerk, of the diocese of Lincoln. The like.
John Fabian, clerk The like.
John White, clerk, and Dr. Stoughton. The like.
Thomas Austen, clerk Defendant appeared personally, when the court were informed that in the execution of his ministerial function he had carried himself very intemperately, and especially since he pretended a relaxation of his suspension procured at London, and refused to give a direct answer to the articles and additionals objected against him. The court not being willing to be further troubled with him, confirmed their last inhibition and suspension, and the curate appointed to officiate, and ordered Mr. Austen to pay him his wages, or be committed, and lastly he was ordered to make full answer to the articles against him by the last court day of this term.
William Gifford, of St. Martin's-in-the-Fields. Appeared personally.
May 5. Vol. cccxxiv., fol. 13. Samuel Eaton of St. Giles's without Cripplegate, London, button-maker. Referred to the Commissioners.
George More, clerk, rector of Hackney, Middlesex. Appeared personally.
Samuel Ward, clerk His appearance by bond to perform his submission respited till this day, and he is to answer his contempt in not paying costs. Appointed for next court day.
William Peckett, clerk Appeared and was enjoined to make full answers before next court day.
Zachary Allnutt, of Ipstone, Bucks. Appeared and was monished to pay the costs before next court day or else to be committed.
John Allen and William Snow, of Southwark, Brownists. They appeared and were committed to the Gatehouse, till they gave good bond.
William Browne and John Long, of Dorchester, Dorset, booksellers. To be examined before next court day.
Thomas Hackman, of Pool, co. Montgomery. To appear by bond.
John Nanfan, of Morton Birch, co. Worcester. Appeared personally.
Gerard Bote, M.D., of St. Helen's Bishopsgate. Appointed for next court day.
Michael Sparke and Bernard Langford, of London, stationers. Langford appeared and took oath to answer articles.
Humphrey Sadler, of St. Botolph's, Aldersgate, stationer. An attachment for non-appearance.
John Bright alias Smith, and Mary Wilkinson alias Bright, alias Smith, his pretended wife, of Stepney, Middlesex. Appointed for next court day.
fol. 13 b. Walsingham Heathfield, of Reigate, Surrey, innholder. Appeared and took oath to answer.
William Bridger, of Betchworth, Surrey. Appointed for next court day.
Sir Richard Strode The like.
Thomas Hesketh The like.
Robert Cooke, of Feering, Essex Defendant being served with a monition to pay Mr. Golding 30l. before Easter last had neglected to pay the same, as likewise 5l. for his quarter's stipend, but put Mr. Golding to 40s. charges each term to come to town to get the same. Ordered that an intimation of 50l. should issue forth against Mr. Cooke, and be set on his head in case he paid not the 35l. before the last court day of this term. Mr. Golding's charges were referred to the Commissioners at Informations to be taxed by next court day, and for the time to come Cooke was ordered to pay the said quarterly stipend in the country to Mr. Golding, or be attached.
May 5. Vol. cccxxiv., fol. 13 b. John Cotton. David Edwards, and others, of St. Martin Orgars, London. Appointed for next court day.
Francis Doughty, clerk Defendant gave up the following submission which he desired might be accepted: "The humble submission of Francis Doughty, clerk. Whereas it is charged upon me that in a prayer made before my sermon upon All Saints Day last past, in the chapel of Wapping, instead of giving his sacred Majesty his just and royal title, according to the canon in that case provided, I used these words, 'Charles, by common election and general consent King of England.' I protest that I did not intend or premeditate any such detestable words, and if through inadvertency I let any such fall, I am heartily sorry, and most humbly beseech his Majesty's gracious pardon, professing and acknowledging from the bottom of my heart, that his Majesty's crown and dignity is most justly descended unto his sacred person by lineal succession and inheritance, and shall daily pray that it may continue in his royal line to many generations. London, February 19th, 1635." Which submission the court accepted, and having admonished him to beware how he let slip any undutiful speeches against his Majesty's church or state, dismissed him.
Richard Trewman, of Stoke Bardolph, co. Nottingham. Publication, and to report.
fol. 14. John Martin, of St. Merryn, co. Cornwall. Motion on behalf of the prosecutor that he had been abused by his solicitor intrusted to follow this cause, by whose neglect defendant got an order for hearing the cause on his own answers without further proof. It was ordered that a commission on the prosecutor's behalf to prove his articles should issue forth, returnable the second session of next term, the prosecutor being condemned in expenses retardati processûs, the taxation being suspended in eventû litis.
Laurence Turnell, clerk Appointed for next court day.
William Broughton of Doncaster Defendant petitioned that this cause of his wife's against him for alimony might be remitted back to the High Commission of York, in regard he there sued his wife for adultery, and to be divorced from her, but the court finding that his suit at York was commenced after he had been served with process from this court, ordered that this cause should be retained here, and that he answer the articles before the next court day, and his answers being made it was referred to Sir Charles Cæsar and Dr. Aylett to tax expenses of suit and alimony if they see cause.
May 5. Vol. cccxxiv., fol. 14. William Frost, clerk Defendant ordered to pay the moneys at the days already appointed in the monition.
William King and others of Dundry. Motions made, that the depositions of witnesses examined might be published, and the cause assigned to report, and a counter motion for a further commission and examination of witnesses on the part of defendants. Both motions referred to Sir John Lambe, to set down order thereon.
Francis Wright, clerk The charges to be taxed the next court day.
Richard Pickering and others Commission renewed.
Thomas Noble, prisoner in the King's Bench. Order that 10l. a year, in the hands of Mr. Locke, registrar to the Bishop of Winchester, be paid to Mrs. Noble for her use and maintenance.
fol. 14 b. George Yard, the elder, of Chivesson alias Chesson [Churston ?] Devon. Defendant being near 80 years of age and living near 200 miles from London, the court decreed a commission for taking his answers and bond for performance of the order of the court in the country, both returnable the second session of next term.
Richard Scoble, of Quethiock, Cornwall. Appointed for next court day.
Edward Shord of Maiden Bradley, Wilts. Respited till next court day.
James Oldfield Appointed for next court day.
Thomas Shergold, the younger, George Frith, Edward Perry, and Alexander Dowle, of Hindon, Wilts. They are to be examined.
Richard Tayler, of Luston, co. Hereford. An attachment against Tayler and the constable that let him go.
Robert Nicholls, of St. Giles's, Cripplegate, London. Appointed for next court day.
Francis Knight and Elizabeth Bradhirst. Defendant monished to appear to hear judgment.
William Lee and Thomas Cowper Defendants monished to appear next court day to hear judgment.
Richard Brayfield, clerk Desires his petition to be read; the next court day to answer his petition.
Francis Hill, stationer Appointed for next court day.
Robert Betts, of Aylsham, Norfolk. The court ex gratiâ renewed Betts's commission, returnable the first court day of next term, he to put in his defence by the next court day, and to pay expenses retardati processûs to be taxed next court day.
John Blomer and others Defendant Blomer ordered to bring in his lease of his rectory the first court day of next term, and to hear the decision of the court as to the sufficiency of his answers.
George Smith, of Burton Latimer, co. Northampton. His bond to be certified if he appear not before next court day.
May 5. Vol. cccxxiv., fol. 14 b. Edward Scarfe, of Colchester Appeared and took his oath.
Robert Yarwell, of Werton [Overton ?], co. Huntingdon. The like.
fol. 15. William Jones, of Welby, co. Leicester, and John Spencer, his servant. John Spencer appeared and took his oath; an attachment decreed against Jones.
John Andrewes and Oliver Andrewes, of Sudbury, Suffolk. Defendants appeared to show cause why they had not paid the curates of Sudbury the moneys specified in the monition served on them, which cause was set forth in an allegation which they desired might be admitted. Counsel for the office moved that in the interim defendants might satisfy the allowance already taxed to the said curates. Both motions were referred to Sir John Lambe and Dr. Eden.
Matthew Brookes and Thomas Cheshire, of Yarmouth. It was alleged that Mr. Burdett the prosecutor of this cause having been censured in this court at the prosecution of Mr. Brookes, had gone to New England, by which means Brookes had lost 80l. costs taxed in this cause. It was further alleged that this cause had been prosecuted in revenge and that remaining undismissed, defendants conceived themselves to be prejudiced in their reputation. The court ordered the same to be dismissed, and defendants to be discharged from any further trouble.
Hastings Ingram, of Wolford Parva, co. Warwick. An attachment against defendant for non-appearance.
Francis Edwards, clerk, curate of Eastwoodsby [East Woodhay ?] Hants. It was alleged that defendant had committed a great contempt against the authority of this court and it was desired that he might be committed and condemned in expenses of delayed proceedings. The court in respect of his poverty and ignorance, and being inclined to settle a peace between him and Mr. Goddare, referred the cause to Dr. Duck and Dr. Eden.
Edward Goddard and Hugh Taylor, clerk. Referred to Drs. Duck and Eden, who are to take the oaths of the parties.
Richard Saunders and others To report next court day.
Mary Tooker or Tucker, alias Lane, of St. Mary Ottery, Devon. Ordered, that upon better bond de prosequendo being given before next court day, this cause should go on, and a new process was decreed against defendant.
William Horniman, Mary Cocke, and Wilmot Brampton. Ordered by the court according to report of Sir John Lambe.
fol. 15 b. Eleazar Jackson, clerk The court was informed that the counsel for defendants had long since given in their defence, but in regard of some difference betwixt the proctors it rested in the office unadmitted. Referred to Sir Nathaniel Brent and Dr. Gwynn.
May 5. Vol. cccxxiv., fol. 15 b. Richard Howes, clerk Commission brought in and opening decreed.
Dr. Tichborne A motion by Dr. Mason.
Robert Knowles, clerk Attachment decreed for non-payment of charges of suit.
William Richardson, clerk Commission brought in and opening decreed.
John Strixon or Strickson, Toby Strixon, Robert Howes, and Robert Richmond. Toby Strickson being near 80 years of age and all the other parties very poor, a commission was granted for taking their answers, returnable the first court day of Trinity term next.
Sir James Price Appointed for next court day.
William Jones, prisoner in the Gatehouse. In consideration of defendant's age and poverty the court decreed him to be enlarged out of prison, giving bond with sureties in 300l. to be forthcoming upon ten days notice, and never to print any more, nor directly or indirectly to meddle with the same.
John Femer Defendant by his petition prayed for enlargement. The court ordered that Drs. Featly and Gouge should confer with him in prison, and certify what hope they have of his conformity.
John Symonds the elder, John Symonds the younger, and others. The allegation and exhibits given in on behalf of John Symonds the younger and his sister were admitted, and Mr. Gaell, proctor for the office, was assigned to give in his answers before next court day.
fol. 16. Caleb Banckes, Ambrose Beale, John Wall, Robert Hills, Laurence Newton, and Martin Jefferies, of Maidstone. Defendants appeared personally, and on consideration of the proofs, it appeared, that they being lay persons and having no jurisdiction ecclesiastical, but some of them having borne the office of mayors, jurats, and of the Common Council of Maidstone, had, without consent of their ordinary, the Archbishop of Canterbury, or any Judge Ecclesiastical, set up in a frame in the court hall a table of fees to be paid to the curate, clerk, and sexton of the church of Maidstone, which ordinance though made 20 years ago, was from time to time approved by defendants, but that the curate of the church did not assent to the making thereof. That in their burgh-mote they had made another ordinance that the richer sort of parishioners who contributed to the parish duties, at their death should be buried in one churchyard, and the poorer sort in another, and when advised to acquaint the Archbishop, their ordinary, therewith, they said "What have we to do with the Archbishop of Canterbury ? We will make the ordinance and bring the dead thither to be buried," and Tayler, an officer, was committed to prison for not obeying the same. Another ordinance was made in the first year of King Charles for a table of fees belonging to the church and minister, to be hung up in some convenient place of the parish church, and if any inhabitants were demanded larger duties, or troubled for non-payment, they were to acquaint the mayor, jurats, and recorder, and that the whole charges of such suits should be defrayed out of the chamber of the town. That on the 28th of August 1629, two other ordinances were made in their burgh-mote court, one for placing a parish clerk of their own choice, contrary to the canons, and the other about procuring moneys out of the common purse against the minister, if he should sue any freeman of that town in the Ecclesiastical Court for duties of burials, marriages, tithes, or other church duties, such suits being defended by the corporation, by a personal sessment upon the freemen. That in the years 1629 to 1634, or one of them, they made an agreement that no churchwarden of that parish should do anything concerning the execution of his office for disposing of the pews without leave of the mayor, recorder, and jurats. That divers of the parishioners being schismatically affected, had in great troops left their parish church, and gone from thence to Otham, to hear Mr. Wilson, an inconformable minister, preach or expound, which Mr. Wilson had often come to Maidstone and there kept private conventicles or exercises of religion by law prohibited, the churchwardens Laurence Newton and Robert Hills neglecting to present the same. That some of the defendants in their mayoralties have forbidden the ringing of the bells on Sundays and holidays, and that knowledge of the facts before stated and concurrence therein was more or less brought home to all of them. The court pronounced them all contemners of the authority and jurisdiction ecclesiastical established in this realm, and declared them excommunicated according to the canons. They also desired the same to be publicly denounced in the parish church of Maidstone, and for that the court held Caleb Banckes and Ambrose Beale more faulty than the rest, they were fined 50l. each, and it was ordered that they and all the rest of the parties should make a public submission conceptis verbis, as this court should appoint, in the open commissary's court of Canterbury, and certify thereof personally the first session of Trinity term next They were further ordered to see all their orders made in their burgh-mote court, or elsewhere, touching ecclesiastical affairs, as also the table of fees, rased and obliterated, upon pain of contempt, and were condemned in costs of suit to be taxed next court day. Lastly, the Archbishop of Canterbury, in the name of the court, canonically and judicially admonished them, that thenceforth they presumed not to meddle in any matters of ecclesiastical cognizance upon pain of law.
fol. 17. William Frost, clerk, rector of Middleton, Essex. Appeared personally and returned the intimation of his purgation with a certificate of the execution thereof (see before, p. 478.), whereupon the court pronounced that he had canonically purged himself, and restored him to his good name so far as the laws would permit, yet, for avoiding future scandal, he was admonished not to come into the company of the before-named women, except in places of public assembly.
fol. 17 b. Alexander Vanden Eynden Stands over till next court day. A compulsory against Gabriel Hermarsh, a witness.
May 6. Hastings Ingram, of Alford [Wolford] Parva, co. Warwick. Appeared in custody of John Wragg the messenger, and took oath to answer articles, and then upon giving bond with sureties in 300l. for his appearance next court day, he was licensed to depart.
Cadwallader Kiffyn, clerk Witnesses produced and sworn.
May 9. Catherine Colebacke alias Colebancke, wife of John Colebancke, of St. Andrew's, Holborn. Appeared, took oath, and was admonished.
John Colebancke The like.
May 10. Thomas Tiffin, of Kingston, Surrey. The like.
May 11. Sir James Price Appeared and took oath to answer articles and additionals, and was monished to be examined before next court day.
Benedicta Convers Witnesses produced for the defence sworn and admonished.
May 12. Paul Clapham, clerk Names of witnesses produced and sworn.
George Smith, of Burton-Latimer, co. Northampton. Appeared, took oath, and was monished.
Richard Scoble, of Quethiock, Cornwall. The like.
fol. 18. Edward Lea, clerk The like.
Edmund Powell, of Gungrog, co. Montgomery. Names of witnesses produced and sworn.
Dr. Tichborne The like.
George Yard the elder, of Churston Devon. Appeared, took oath, and was monished.
May 12. Vol. cccxxiv., fol. 18. William Tayler, of Hundon Names of witnesses who were produced and sworn. Their depositions to be published.
Sir — Thornhill and Alice, his wife. Appeared, took oath, and were monished.
David Rogers The like.
Cadwallader Kyffin Robert Price, the promoter on the part of the office, appeared and took oath.
Vincent de Gregorio, an Italian Names of witnesses who were produced, sworn, and monished.
fol. 18 b. Roger Brereton Appointed for next court day.
Caleb Banckes, of Maidstone, Ambrose Beale, John Wall, Robert Hills, Laurence Newton, and Martin Jefferies, all of the same place. Motion on the part of defendants that they might be released of their excommunication, but the court for special reasons ordered that the same should be publicly denounced, and that the table of fees and all other ordinances and orders made at their burgh-mote in derogation of the ecclesiastical jurisdiction should be burnt and defaced, and the court thereof be certified, before they be absolved from the sentence of excommunication. The costs of suit to be taxed at informations the next court day.
Ralph Tether and Margaret, his pretended wife. On hearing this cause, it appeared that the parties were charged with living in long continued adultery, under colour of a pretended marriage. The said Margaret having been married to Edmund Crouch in 1613, and having had several children by him, about 16 years since he went away from her. About 13 years since he had released an action commenced in the Guildhall by his wife, and shortly after went beyond seas, and sundry times came back from thence to London, and had been seen by divers that knew him since the beginning of this suit, and had once or twice appeared in this court. Lastly, that notwithstanding that marriage, the defendants had for about nine years and a half lived together as man and wife, and two years and a half ago had been presented to the Dean of the Arches upon a fame of their living in adultery. The defence was, that Crouch left his wife about 15 or 16 years since, and that about four years after his departure his wife had credible notice of his death by letters, whereupon about nine or ten years before the date of the articles exhibited in this court, she was lawfully married to Ralph or Randall Tether; and that the party who named himself Edmund Crouch, and showed himself as the husband of the said Margaret, was a fictitious person, set up by the malicious practices of the adversaries of the defendants. The court held that the proofs against the defendants for living together in the life of Edmund Crouch, or that he was the party who named himself so and was alive and in London of late, were very insufficient, being deposed by witnesses unworthy of credit, and that the presentment before mentioned was given up at the instigation of Paul Mayors, a vintner, and that the party naming himself Edmund Crouch, upon whose claiming the said Margaret the fame grew, came not in to justify his claim. The court therefore dismissed this cause without allowance of costs to either party, leaving the question of the validity of the marriage of defendants to be determined in the Court of Arches.
fol. 19. Laurence Turnell, clerk To be informed in and finally sentenced next court day, together with the cause against Mr. Fabian, vicar of Chew Magna, if both possibly can be heard that day, but if not, then this cause against Turnell to be peremptorily heard the first court day of next term without further delay.
John Fabian, clerk, vicar of Chew Magna, Somerset. Appointed for next court day.
William Lee and Thomas Cowper of London, stationers. The like.
Edmund Lyneold, clerk, co. Lincoln. The like.
John Evered of Fairsted, Essex Dismissed.
Eleanor Puckeridge of Foxley, Wilts, spinster. Her bond to be certified for non-appearance.
Thomas Wilson, of Stratford-upon-Avon, co. Warwick. The Archbishop of Canterbury reported to the court that he had received a certificate from the Bishop of Worcester that Mr. Wilson was inconformable about three years since, but how of late he had been the bishop had not heard, but the archbishop had heard from divers of quality living near, that Mr. Wilson was conformable in nothing. Mr. Wilson being present in court was demanded whether he had read or could read his Majesty's declaration touching lawful recreations on Sundays, in his parish church, whereto he gave no other answer but that it had been read. It was ordered that this cause should go on, and that the promoter should return his commission by the second court day of Michaelmas term.
fol. 19 b. Sir John Bale and John White, clerk. Referred to Sir John Lambe and Dr. Aylett to consider of the sufficiency of their answers.
Laurence Snelling, clerk Appeared and was ordered to answer before next court day.
Lewis Mordaunt, the elder Appointed for next court day.
May 12. Vol. cccxxiv., fol. 19 b. John White, clerk, and Dr. Stoughton. To attend to hear the decision of the court as to the sufficiency of their answers.
Samuel Ward, clerk To perform his submission next court day, and no suspension to be released.
William Peckett, clerk To answer fully by Saturday at night or the articles to be taken as confessed.
Zachary Allnutt of Ipstone, Bucks. Was monished to pay the costs of suit this day; his petition was read and rejected.
William Browne and John Long of Dorchester, booksellers. Appointed for next court day.
Thomas Hackman of Pool, co. Montgomery. Appeared personally and was ordered to be examined.
Gerard Noate [Bote ?] If he appear not next court day his bond to be certified.
John Nanfan of Morton Birch, co. Worcester. Appointed for next court day.
Gerard Bote, M.D., of St. Helen's, Bishopsgate, London. Defendant appeared.
Michael Sparke and Bernard Langford, of London, stationers. They were monished to be examined before this day, and are to appear by bond.
John Bright alias Smith, and Mary Bright alias Wilkinson, alias Smith, his pretended wife, of Stepney, Middlesex. They are to appear by bond.
George Smith of Burton Latimer, co. Northampton. To be examined before next court day.
Walsingham Heathfield of Reigate, Surrey, innholder. Appointed for next court day.
William Bridger of Brichwort [Betchworth ?], Surrey, labourer. He is to appear by bond.
Thomas Hesketh His appearance, to answer his contempt in not paying costs of suit, was respited till this day.
Robert Cooke of Feering, Essex. Appointed for next court day.
Richard Trewman, of Stoke Bardolph, co. Nottingham. Defence to be put in by Whitsunside.
William Broughton, of Doncaster, suit promoted by Elizabeth, his wife. The court was informed that Elizabeth Broughton, by whom this suit was instituted for recovery of alimony, was two years since presented by the churchwardens of Doncaster at York for a fame of adultery with several persons, and not appearing to answer the same was then excommunicated and so stood at this present; and further that her husband had commenced a suit against her at York for a divorce in case of adultery, wherefore it was desired that the cause might be referred back to York. It appeared also to the court by the testimony of the Archbishop of York, present in court, that the said Elizabeth was a person of a notorious ill and scandalous life, and declined her diocesan and disobeyed the censure of the church. The court ordered that she should no longer be admitted to sue her husband in this court, and dismissed him and his cause, referring the latter to the hearing of the Archbishop of York.
May 12. Vol. cccxxiv., fol. 20. William King, and others, of Dundry, Somerset. Defence to be put in, and referred to any one of the Commissioners.
Francis Wright, clerk Appointed for next court day.
Thomas Shergold, Edward Perry, Alexander Dowle, and George Frith. Defendants having given in their answers, it was referred to Sir John Lambe to consider the merits of this cause, and to dismiss or retain the same as they think meet; and that as defendants had denied the articles on their oaths, a sufficient bond de prosequendo be given before any further proceedings be had.
fol. 23 b. John Mainwaring, clerk, rector of Stoke-upon-Trent, co. Stafford, and Roger Brereton, late patron of the said church. Roger Brereton appeared personally and produced for his compurgators Edward Mainwaring the elder, of Whitmore, esquire; Edward Mainwaring the younger, of Whitmore, gentleman; Humphrey Wyes, of Stand[on?], esquire; Robert Challenor, of Tottersell [Tettenhall ?], esquire; John Braddock of Adbaston, esquire; Alexander Howe, clerk, parson of Draycott; Thomas Hunt, of Longton, gentleman; and Richard Mounteith, of Whitmore, gentleman. Public proclamation was made for objectors to appear in due form, and none appearing, the Court received the compurgators and demanded whether in case Mr. Brereton took his oath upon the holy evangelists that he was free from committing any simony with Mr. Mainwaring, they would take their oaths that they believed he had taken a true oath. They all answered that they would, whereupon Mr. Brereton took his oath, and the compurgators theirs, and the court pronounced that he had lawfully and canonically purged himself, and restored him again to his good name. Letters testimonial were directed to be made if required, and the taxation of the costs of suit was respited until the next court day.
Mark Corbold and Susannah Copping. They appeared and desired their appearance to be recorded.
May 13. [Sir William] Button and [Henry] Swaddon. Mr. Hungerford produced certain witnesses.
fol. 24. Sir John Fitz-herbert Till the next court day allowed for bringing in of the commission for the defendants and a compulsory granted for some witnesses in town. An application for expenses of retarding suit was referred to Sir John Lambe and Dr. Duck.
March [May ?] 14. Sir William Button and Henry Swaddon. William Hungerford, the promoter, produced certain witnesses who were sworn and monished.
May 14. Vol. cccxxiv., fol. 20. Thomas Shergold the younger, Edward Perry, Alexander Dowle, and George Frith, of Hindon, Wilts. Sir John Lambe, to whom this cause was referred, resolved to have set down his order herein, but finding that it was prosecuted ex officio mero upon the information of Samuel Yerworth, curate or chaplain of Hindon, against whom one of the defendants, Edward Perry, had commenced a suit likewise in this court, and had given in his articles and bond de prosequendo, Sir John deferred settling any order in this cause until Yerworth had been examined.
Shergold and the others, suit promoted ex officio at the information of Samuel Yerworth, also a suit against Yerworth by Edward Perry. They all afterwards appeared before Sir John Lambe, who finding that each party had on oath denied the principal articles objected by the other, took much pains to have reconciled them, but finding their differences not admitting any present cure, ordered that in regard of Shergold and the rest, a sufficient bond de prosequendo should be entered by Yerworth before any further proceedings had, but in regard such bond was already entered by Perry, Sir John left him at liberty to prosecute the said Yerworth if he thought good.
fol. 20 b. Richard Scoble, of Quethiock, Cornwall. Appeared and took oath; to be examined before next court day.
Edward Shord, of Maiden-Bradley, Wilts. An affidavit in excuse of his appearance was read. A commission and bond to go down.
Robert Nicholls, of London, bricklayer. Appeared in custody of the messenger, but his wife not appearing to prosecute nor any for her, and the court being informed that she lived a suspicious course of life and maintained herself in a high fashion, whereas her husband was able to allow her nothing, the court dismissed defendant from further attendance, and ordered his bond to be cancelled.
Francis Knight and Elizabeth Bradhirst. Assigned to report next court day.
Richard Brayfield, clerk This cause, touching allowance of alimony, had been twice referred to Sir Henry Marten and Sir John Lambe, who had made two orders therein, the court now confirmed the said orders, and ordered defendant to pay the alimony according thereto, upon pain of contempt.
Robert Betts Appointed for next court day.
John Blomer, and others Defendants to attend to hear the decision of the court as to the sufficiency of their answers.
Edward Scarfe, of Colchester, wire drawer. To be attached, and his bond certified if he be not examined before next court day.
Robert Yarwell, of Overton, co. Huntingdon. Appointed for next court day.
May 14. Vol. cccxxiv., fol. 20 b. William Jones, of Welby, co. Leicester, and John Spencer, his servant. An attachment.
George Moore, clerk His appearance respited till next court day.
John Andrewes and Oliver Andrewes, of Sudbury, Suffolk. Appointed for next court day.
Hastings Ingram, of Wolford, co. Warwick. Appeared and was monished to answer before next court day; also to give bond in 500l. for his forthcoming and abiding the order of the court. On the part of defendant it was alleged that Daniel Bonnell, merchant, the party bound to prosecute, was insufficient, but the court upon information of the counsel of the office, declared that he was sufficient. Defendant was judicially admonished not to be in the company of the said Bonnell's wife, except in places of public assembly.
fol. 21. Edward Goddard and Hugh Taylor, clerk. They were dismissed. The seats to be levelled.
John Symonds the elder, and John Symonds the younger. Cause to be finally sentenced the first court day of next term, before which day the briefs on both sides are to be sent in.
Francis Edwards, clerk, curate of East Woodhay, Hants, suit promoted by Edward Goddard. Drs. Duck and Eden, to whom this cause was referred, gave in their report in several heads, whereof the court ratified the following; viz. That defendant should acknowledge it not to be in his choice to defer baptizing children brought to him in the morning until the afternoon, nor those that are brought unto him in the afternoon till another time. 2. That he should acknowledge it not to be in his power to thrust out the parish clerk without just cause given and legal proceedings. 3. That the keys of the church belong to the churchwardens as ecclesiæ gardiani. 4. That because the parishioners dwell very remote from the parish church, and cannot hear the bells, he should say prayers betwixt 9 and 11 in the morning, and betwixt 2 and 4 in the afternoon. 5. That for the time to come he should not take upon him the exercise of ecclesiastical jurisdiction in the peculiar of Woodhay, whereof he is uncapable by the canon, being neither bachelor of law nor master of arts. These particulars being approved by the court, Mr. Edwards was ordered to subscribe the same. And lastly in regard that he had denied the keys of his parish church to the Commissioners, "substituted" by this court to examine witnesses against him, the court judicially admonished him that for the time to come he never commit the like contempt against this court, and with this admonition dismissed him from further attendance.
May 14. Vol. cccxxiv., fol. 21. Hugh Wyatt. In regard that this cause cannot conveniently be heard in Trinity term next, and that Mr. Wyatt had attended long in town, and lived nearly 200 miles thence, the court respited his attendance till the first court day of Michaelmas term, when he is to appear to receive final judgment.
Edward Goddard, of East Woodhay, Hants, and others. The court held Mr. Edwards's complaint against Mr. Goddard and the rest not worthy the cognizance of the court, neither was there any sufficient bond given to prove the same, whereupon Mr. Goddard and the rest were dismissed.
John Horsham, clerk. The like.
fol. 21 b. Sir John Bale and John White, clerk. Referred to Sir John Lambe and Dr. Aylett, to consider of the sufficiency of the answers made by Mr. Burden, clerk, a witness, to the interrogatories exhibited by Sir John Bale, and if they found his answers perfect, then to allow him his charges for coming up, but if otherwise, to direct how far forth he shall make fuller answer.
Mark Corbold and Susannah Copping. Dethick, proctor for Reginald Bokinham, the promoter of this cause, exhibited a presentment of the churchwardens of Wortham against defendants, and desired that the same should be admitted. The court admitted the same, and appointed the proctor of the defendants to answer the same before next court day.
Peter Robinson, of Friday Street, London. Defendant appeared personally, and the court were informed that being contracted to Mary Baker, and sued thereupon in the Arches Court, he had, pendente lite, been married to another woman clandestinely, by a forged licence, and in an ale house, in the afternoon. It was ordered that he be committed to the Gatehouse till he gave bond with sureties in 200l. that he come no more into the company of the woman he had so married, except in public places, pendente lite, and also that he appear before the Dean of the Arches, to answer in the cause of precontract. Lastly it was moved by Robinson's sureties that they might have their bond re-delivered, in regard he had appeared and stood committed; the court ordered the bond to remain in the registry, till other order be taken in that behalf.
Thomas Austen, clerk. Motion made that defendant having submitted himself to the court for payment of arrearages to the curate of Grafton Regis, was a poor man, and through his many molestations unable to pay, whereupon it was desired that payment might be respited until after the next harvest, i.e., till Michaelmas next. It was answered that the curate was also poor, and could not wait so long for his money, but defendant's counsel alleged in reply that he was a double beneficed man. It was also moved that defendant might not be forced to answer the articles until such time as Mr. Attorney-General [? VicarGeneral], Sir Nathaniel Brent, should have made report to his Majesty touching the state of this cause, which motions the court held reasonable and ordered accordingly.
fol. 22. James Dell Defendant appeared in custody of Tomlins the messenger, and took oath to answer articles, and was monished to be examined before next court day. Giving his own bond in 100 marks for his personal appearance the first court day of Michaelmas term next, he was discharged from the messenger and gave up a petition in his excuse.
Thomas Wilson and Dr. Tooke A commission and compulsory for Wilson of Otham.
John Davies and Eustace Davies, clerks. Appointed for next court day.
Nathaniel White, clerk To answer more fully before next court day, or else to be committed, and in the meantime to be suspended and his fruits sequestered.
Edmund Thomas A decree of the court of Star Chamber was read, whereby John Sutton the party bound to prosecute this cause was disabled from being a prosecutor either in this or any other court, against any man. Ordered that this cause should be continued in statu quo until a more sufficient party be bound to prosecute.
Edmund Fortescue Appointed for next court day.
William Catlin, clerk The like.
Thomas Ackson, clerk The like.
Dr. Tichborne Sir Nathaniel Brent was produced as a witness. Defendant to attend to hear the decision of the court as to the sufficiency of his answers.
Samuel Southen, clerk Commission brought in and ordered to be opened. Ordered also that defendant should not be proceeded with in this court, for crimes for which he stands prosecuted in other courts.
John Mason, clerk Appointed for next court day.
John Coxe, of Combe Publication.
Conon Richardson, clerk Appointed for next court day.
Sir Richard [John ?] Trevor, of Trevallyn, co. Denbigh. The court being informed that defendant was an ancient knight near fourscore years of age, and that he and the party complainant dwell far remote from London, and by mediation of friends were reconciled, further that the matters objected against Sir Richard were of no such moment but that they might be composed by the ordinary of the diocese, he was therefore dismissed from further attendance and his bonds cancelled.
May 14. Vol. cccxxiv., fol. 22 b. Robert Roche, of Tortworth, co. Gloucester. Commission brought in, and an allegation that divers of defendants' witnesses had been omitted to be examined. Referred to Sir Nathaniel Brent and Dr. Gwynn.
John Sedgwick, clerk Motion for a renovation of the commission referred to Sir John Lambe and Dr. Duck. It was alleged that the promoter had been precluded from the examination of divers material witnesses.
Cadwallader Kyffin, clerk Ordered that Robert Price, the prosecutor, should be called by process to answer an allegation brought in by the proctor of defendant.
Mary Williams, wife of Edward Williams, of Langstone, co. Monmouth. Appointed for next court day.
Theodore Morris The like.
Richard Price The like.
Thomas Colby and Israel Mundes. The like. Publication.
Alice Swaddon, widow The like. Next court day to consider of the answers.
Sir Thomas Sackville Witnesses produced; appointed for next court day.
Sir William Button and Henry Swaddon, clerk. Appointed for next court day.
William Horniman, and Mary his pretended wife. The like.
James Oldfield A motion against the constables to send up the bond.
Thomas Webb A motion by Dr. Ryves to put his complaint into articles.
John Convers An intimation of 20l. against Convers.
Francis Ward of St. Clement Danes. Appointed for next court day.
fol. 23. Anthony Erbury, clerk Defendant stated by petition that this cause had dependance on another prosecuted by him at the Council table against Sir Edward Powell, for undue practices in the prosecution of this cause. The cause before the Council being referred to the Bishop of Bath and Wells, his ordinary, he prayed that this cause might also be so referred, which the court ordered, howbeit in case the bishop find the matters proved against defendant to be fit for the censure of this court, that then it be remitted here again.
David Edwards and others of St. Martin Orgars, London. They are examined. Appointed for next court day.
Erasmus Sturton Defendant admitted to propound his defence and get it admitted by one of the Commissioners at Informations. That done, he was ordered to speed his commission, and return his proofs by the second court day of Michaelmas term.
May 14. Vol. cccxxiv., fol. 23. George Yard the elder Appointed for next court day.
Nockold King and others, North Walsham, Norfolk. A motion by Dr. Lewin.
Edward Thurman, clerk Ordered that defendant should perfect his defence and get it admitted before the next court day. Also to extract his commission and return his proofs before the feast of St. Bartholomew, and that done, publication was granted so that this cause may be fitted for hearing in Michaelmas term.
Alexander Vanden Eynden An attachment with an intimation of 200l.
Alexander Lower Mrs. Lower's petition for confirmation of a former order for taking into her hands the management of the estate, and allowing her husband 60l. per annum, read. Mr. Lower's counsel to show cause next court day why it should not be granted.
May 15. fol. 24 b. William Catlin, clerk John Cooper, of Rodmell, Sussex, and Francis Cooper, of Coston, co. Leicester, sworn as witnesses.
May 16. fol. 24. Sir William Button, knight, and Henry Swaddon, clerk. Robert Viney, clerk, sworn as a witness on the part of the promoter.
May 18. The same Edward Drope, S.T.B., sworn as a witness.
May 19. Vincente Gregorio Sidney Atkins, sworn as a witness.
John Skinner of Sudbury, co. Suffolk. Appeared and took oath to answer articles.
John Furley, of Colchester The like.
fol. 24 b. Henry Halton, clerk, curate of Horsly [Horksley ?], Essex. The like.
Roger Brereton Taxation of costs of suit against defendant at 80l., confirmed by the court, one moiety to be paid into the register's office before the feast of St. John the Baptist, and the other moiety before the feast of Michael the Archangel, or in default defendant to be attached.
Caleb Banckes and others, of Maidstone, Kent. Appointed for next court day.
fol. 25. John Fabian, clerk, vicar of Chew Magna, Somerset. Cause referred to the Bishop of Bath and Wells, defendant's ordinary, with request to certify the court what order he doth interpose before the first court day of Michaelmas term.
William King and George Hall, of Dundry, Somerset, Griffith Edwards, of Redcliffe, Bristol, Thomas Popham, and John Elloer, of Marksbury, Somerset. The like.
John Horsham, clerk, vicar of Staverton, Devon, and William Preston of the same place. Defendants appeared personally, when the proofs of the pretended simony charged against George Horsham, clerk, and William Preston, about presenting John Horsham to the vicarage of Staverton, were fully considered. The court finding no sufficient matter proved against Mr. Horsham, acquitted him entirely, and further pronounced that this suit was stirred up by persons ill-affected to the church, merely because Mr. Horsham would not give way to them for confirmation of pretended customs very prejudicial to the church, for overthrowing whereof Mr. Horsham had withstood divers of his adversaries in the Court of Chancery, and had made void sundry of the pretended customs, wherefore he was clearly dismissed with an ample testimony how well he had deserved of his church and vicarage in so stontly defending the rights thereof.