Pasc. 12 Car.
Cornwallis Esq; versus Wilkinson Cler; Practice to find an Office; Perjury before the Feodary and Escheator.
The Defendant knowing that the Plaintiff had purchased certain Lands of one Robert Holdenby in the County of York, and that the same were worth 40 l. per ann. and that the said Holdenby was by his the said Defendant's leave with the Plaintiff to continue the possession thereof at that rate, and that the said Holdenby did not die seized of the said Lands, did notwithstanding, after the decease of the said Holdenby, with intent to draw the Creditors of the said Holdenby and the Purchasers of the said Lands, to compound at an easy rate, for the benefit of his Grand-child, who was Heir to the said Holdenby, sue forth a Writ of Diem clausit extremum, which was executed without any notice given to the Plaintiff (tho he desired it) twenty eight Miles from the Lands, and forty Miles from the Plaintiff's Dwelling; and the Defendant in Person solicited the finding of the Office, brought an Office ready drawn, containing that the said Holdenby died seized of the said Lands, and that they were worth but 20 Marks per ann. or thereabouts and persuaded the Jury to find that Office without Oath; but they refusing so to do, the Defendant did, upon his Oath before the Feodary and Escheator, falsly, and contrary to his own knowledge, depose that all things contained in the said Inquisition as they were therein set down, were true, and then he procured that Office to be returned into the Court of
Chancery, and thence transcribed into the Court of Wards, and thereupon obtained a Grant of the Wardship, and a Lease of the said Lands. And for this soul Practice and wilful Perjury the Defendant was committed to the Fleet, fined 500 l. and to pay the Plaintiff 200 l. damages, referred to the High-Commission Court to be first deprived and degraded of his Ministry, and then to be set on the Pillory at York Assizes, with a Paper on his Head declaring his Offences, and there make an humble confession and acknowledgment thereof.
And withal the Court declared the Office to be gotten surreptitiously, and by gross and wilful Perjury, and fit to be made void; and therefore recommended it to the Master and Council of the Court of Wards to give Order to admit the Plaintiff to his Traverse of the said Office, without any Bill of Traverse; that thereupon, and upon view of this Sentence, his Majesty's Attorney may confess the same, and the Plaintiff be restored to the quiet possession of the said Lands, without further Tryal or Charge.
Leigh Kt. vers. Wood & al. Killing of Deer in Bradley Park.
The Defendants John and Henry Wood, with others in their Company, did in several Nights, with Grey-hounds, hunt and kill two of the Plaintiff's Deer in Bradley-Park in Com. Lancaster, and carried one of them away, but were taken by the Keepers before they carried away the other. And for this they were committed to the Fleet three Months, and fined 100 l. apiece, bound to their good Behaviour seven Years, and to acknowledge their Offences at the Assizes at Lancaster and Chester, the Judges sitting.