Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
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Pasc. 5 Car.
The Defendant having receiv'd a Writ of Fieri Facias to Levy 20 l. Debt, and 50 s. Damages on the Goods and Chattels of Sir Richard Carnesewe on the behalf of the Plaintiffs, and another like writ to Levy 16 l. Debt on the behalf of one Mr. Bonithon, did take eight Kine in Execution, and Sir Richard Carnesewe sending to the Defendant to know wherefore he had taken his Kine, he laid he had taken them at the Plantiffs Suit, but he had two Writs, and if he were well dealt with, he could keep them on either: Then Carnesewe sent to redeem the Cattle, and shewed the Defendant a Release of Bonithon's Debt; and the Cattle being valued at 16 l. the Defendant received 6 l. in hand, and Bond for 10 l. more, and yet falsly returned upon the Plaintiffs Writ, that Carnesewe had no Goods nor Chattels within the County, whereof he could Levy the Plaintiffs Debt and Damages; and for this was committed to the Fleet; fined two hundred Marks, and ordered to pay the Plaintiffs Debt and Damage, if it were not satisfied before.
The Defendant being convened before the Lords of the Council at the Council-Board, for some miscarriages at the Custom-House; and there being then some Speeches concerning the Merchants of the Kingdom, and his Majesties well and gracious usage of them; the Defendant falsly, maliciously, and seditiously said, that they, meaning the Merchants, are in no part of the World so screw'd and wrung as in England; and that in Turkey they have more incouragement; and for these Seditious words he was committed to the Fleet; fined 2000 l. and before his Enlargement to make an humble acknowledgment and submission at the Council-Board, in this Court, and at the Royal-Exchange, at such time, and in such manner as this Court should direct.
The Defendant being brought to the Bar, was charged by Mr. Attorney General, that he wickedly, undutifully, traiterously and feditiously had given out in Speeches, that he had heard that the King went to Mass with the Queen, and having confessed it upon his Examination, and named several Persons to be the Authors thereof, who, being examined, did deny it. The Court declared, that it was his Majesties great Grace, that the Defendant was not dealt withal in a higher degree; and therefore fined him 5000 l. committed him to the Fleet; and ordered him to acknowledg his offence in this Court, with a Paper on his Head, declaring his offence, and to make the like acknowledgment at all the Bars of all the Courts at Westminster, and at the publick Assizes of Suffolk and Huntington, and at Pauls Cross, and the Preacher at that time to reprove the Raisers and Publishers of such notorious, false and slanderous Reports.
The Plantiff for filing a Bill in this Court, containing many soul and odious Charges against the Defendants, and letting the same hang as a Libel against them above three years, and never calling any of them to answer it, was fined 100 l. to his Majesty, and ordered to pay to the Lord Wentworth, and Lord Clifford 100 l. apiece damages; to the Lord Fairfax, Sir Richard Colmnley, and Sir Thomas Gower, Sir Edward Stanhop, and Mr. Jo. Ledgard, 50 l. apiece damages; and to make an acknowledgment, in such manner publickly in this Court, or otherwise, as should be thought fit, unless he did, by the second sitting of the next Term, exhibit a new Bill against them for the same offence, and prosecute it with effect; and this Bill was ordered to be taken from the File and cancelled.
The Defendent for publishing a scandalous Libel against the Plaintiff (Thornbrough) being a Reverend and Learned Bishop, was committed to the Fleet, fined 100 l. and ordered to make an humble acknowledgment and submission to the Plantiff at Worcester Assizes, the Judges sitting, and the Decree to be then and there read.
Ashton Ear. ver. Blundel Armig. & al.; Riotous Rescue of Cattle seized, and resisting the seizing of other Cattle, and beating the Bailiffs.; Unlawful erecting of a Church yard for Burial of Popish Recusants.; Damage to them no Parties to the Suit.
The Plantiffs Bailiffs having lawfully seized two Oxen and one Nag of the Defendants, Rice, for a Debt due by him to his Majesty, divers of the Defendants, with fifty or sixty others, rescued them, wounded the Bailiffs, and said, if his Majesty himself had come, he should have taken no Cattel thence, and the said Plaintiff having by vertue of another Writ to him directed, made his Warrant to his Bailiffs to seize four Oxen, seventeen Sheep, nine Kine, and certain Swine, Corn, and Hay of the Defendant Blundel's; and the Bailiffs going to take and seize the said Goods; the Defendants Servants, and Tenants, went into the Fields, and brought up the Cattle suddenly into the Court-yard, and guarded the Gates within and without with armed Men, that the Bailiffs could not execute their Warrant; and twelve of the Defendant Blundel's Men fell upon the Plaintiffs Bailiffs, and sore beat and wounded them; and Blundel himself being within, and hearing the Cry of one of the Bailiffs who was wounded, called him dissembling Rascal, and said, if he had not enough, he should have more. And the Defendant Blundel being a Popish Recusant Convict, and living in little Crosby in Lancashire, inclosed apiece of Ground and fenced it, part with a Stone-Wall, and part with a Hedge and Ditch, and kept and used the same for the space of ten years, for the Burial of Popish Recusants, and Seminary Priests: and for these Offences, two of the Rioters were fined 500 l. apiece, three others 100 l. apiece, and Blundel for procurement of the Riots, and erecting the Churchyard 2000 l. all committed to the Fleet, and the Wall and Mounds of the Church-yard to be pulled down by the Sheriff, and the Ground laid waste, and the Decree to be read at the Assizes; and Blundel ordered to pay the Bailiffs 100 Marks apiece damages, and the other Defendants to pay them 40 l. apiece damages.
Trinit. 5 Car.
The Defendant being armed with several sorts of Weapons, the 29th of July 2 Car. repaired to the Plaintiffs dwelling House, and there brake down an outward Wall against a pair of Stairs in the Kitchin, and brake down a great part of a Glass-window into the Hall, and thereat the Rioters entred the House, and one of them threatned and endeavoured to have killed the Plaintiffs Daughter, an Infant, then in the House; and she and the Plaintiff, and his Brother crying out for help, some Officers and Constables hearing the Outrage came to the House, and required the Defendants and their Assistants to keep the Peace, and to shew by what Warrant, or Authority they committed such an Outrage; whereat the Rioters derided the Constable, bid a Turd in his Teeth, and gave him other soul Terms not fit to be recited, and all of them refused to obey any Authority, but in unlawful manner, did with their Weapons and Engines beat down six doors, and divers inner Walls to come to the Plaintiff and his Brother; and having taken the Plaintiff, they tumbled and lugg'd him thro several Rooms down a pair of Stairs, and cast him out of the House, and kicked and spurned him upon the Back and Body, and the Plaintiffs Brother being got into a Hawks-Mew, John Hill bid the Rioters fetch him down dead or alive, and he would bear them out, if it cost him 1000 l. and thereupon one of them gave him divers blows and thrusts of the Breast and Belly with a Pike, and drave him thro a Wall into a Hay-mow, and there kicked and spurned him; which the chief Constable perceiving, and supposing they had killed him, made Proclamation and required the Rioters to keep the Peace, and to yield their Bodies to go before some Justice of Peace to answer their doings, which they refus'd; and Hill said, if Barns were killed he would justify it; and the Constable then endeavouring to go up and apprehend them on suspicion of Murder, they made divers thrusts at him, and threatned to kill him; and as the Constable was going up the Ladder to them, they turned off the Ladder, and threw him to the ground, to the danger of his Life, and after threw Barns amongst Nettles and Weeds on the backside of the House, and would not suffer him to have any thing to wrap about him, altho he lay almost speechless, voiding store of Blood, and in danger of Death, and in unchristian manner bid let him die or starve, he should have nothing from thence. John Hill saying, he would justify all that they had done: And the Constable and others coming another day to keep the Peace, and apprehend the Rioters, they shot off Pieces at them, and Arrows, and did sore hurt one of the Constables. And Susan Hill being told that the Bishop of Hereford, being a Justice, would come to view the Riot, and remove the Force; she said, she thought he would have more wit; that it was fitter for him to be preaching a Ser mon, and that if he came thither, he should have as many Holes made in his Black Jacket, as he had Eylet-holes in his Doublet, and that she would question him and all his Company in the Star-Chamber. And the Bishop coming thither, and requiring the Doors to be opened, they let him in, but would suffer none else to come into the House; and when he was come forth, and would have gone in again to have taken a farther view of the Force, the Rioters would not suffer him. And for these Offences, John Hill, the Principal was fined 100 l. divers others 50 l. apiece, some 40 l. apiece, and some 20 l. apiece, all of them committed to the Fleet, and John Hill to pay the Fines of so many as were not able themselves; Susan Hill to make acknowledgment at the Assizes to the Bishop and ask him forgiveness, and the Parties hurt left to the Law for their damages, because they did not here complain.
The Defendant Thomas Cookes, pretending Title to a yearly Rent of 4 l. to be issuing out of certain Lands in the Parish of Broomsgrave in the tenure of John Smith, al. Arden, and that Rent to be for some time arrear, did in November 2 Car. distrain two Mares of the said Smiths, and according to the custom of the Mannor at the next Court Baron held before the Plaintiff Glasbrook, the Plaintiff Talbots Steward, and the Bailiff and Suitors there, Smith pretending no such Rent due, entred a Plaint in the Court against the said Cookes for taking and detaining his said two Mares; to which Action Cookes at the next Court appeared, Smith declared, and Cookes took a Copy of the Declaration, and at the Court following, by avowry justified the impounding of the Mares, and Smith took a Copy thereof, and at the Court next demurred in Law, and Cookes waved his former avowry, and put in a new, to which Smith likewise demurred, and Cookes joined in that demurrer; and a peremptory day was appointed to argue it, but Cookes before that day came, sued forth a Bill or Plaint of Assize of Fresh-Force for the same Rent against Smith, and a Precept from the Steward to the Bailiff of the Mannor to summon a Jury to try the same, and to summon the said Smith; and at the next Court being the time also appointed to argue the demurrer, and for Trial of the Assize of Fresh-Force, the Defendant Thomas Cookes, accompanied with Edward and Henry Cooks, Suitors and Judges of the said Court, came into the Court, and heard the Arguments and Debate of Council on both sides concerning the Demurrer, and that being ended, the Plaintiff Glasbrook the Steward told the Suitors that the matter in question was matter of Law, and seemed doubtful in divers points, and therefore wished them to be advised before they gave Judgment therein: Whereupon Edward Cooks violently commanded the Steward to enter Judgment for Thomas Cooks the Avowant; but the Steward refusing to enter Judgment, for that the major part of the Suitors would be further advised, he and the other Defendants called for a Return of the Precept for a Jury to try the Plaint, or Assize of fresh force, which was done; and thereunto, and to the Plaint itself, Smith's Council took exceptions, and much time being spent therein, the Assize was continued, and an alias Summons granted to resummon the Recogniters in the Assize returnable the next Court, when the Defendants Thomas and Henry Cooks procured and sollicited the other Defendants to come thither, and twenty four Tenants being summoned, and returned to try the Plaint; they were several times called to appear, but many not appearing at a third call, the Defendants Thomas and Henry Cooks went to divers of the Recognitors returned, and desired them to appear of the Jury, and to give their Voices for their Judgment upon the Demurrer to the said Avowry; and one of the Recognitors seeming unwilling to come, Henry Cooks promised to save him harmless, and thereupon a full Jury appearing, the whole Array was Challenged, and the Challenge allowed; which the Defendants seeing, Edward Cooks the Elder and Edward the Younger again bid the Steward enter Judgment for the Avowant Thomas Cooks in the Avowry formerly argued, saying, he ought to enter the same: and the Steward refusing so to do, for that the major part held it not fit to enter Judgment until they were better advised, Edward Cooks the Elder, and Edward the Younger, commanded the Steward again to enter Judgment, saying, he was their Servant, and with great Oaths vowed he ought and should enter Judgment, and gave Mr. Low, one of the Suitors, very unseemly terms, and Henry and Thomas Cooks went about to some of the Suitors to get their hands to a Note that Judgment should be entred: And for these indirect proceedings they were all committed to the Fleet; Edward Cooks the Elder and Edward the Younger fined 200 l. apiece, and Thomas and Henry Cooks 40 l. apiece, and the Decree to be read at the said Court Baron.
The Defendants, on December 22. 1625. about nine a-clock at night, went, and kept such a rapping at the Doors and lower Windows of Mr. Richardson's House at Durham, as frighted his Wife; and one Rangel going out of the House with a Ruler in his hand, to see what the matter was, the Defendants took his Ruler from him, and struck him therewith on the Face, to the effusion of his Blood, and after kick'd and spurn'd him, and being gone from him, pursued him again, and in riotous manner assaulted and struck him, saying, If he had not enough, he should have enough; and for this three of the Craddocks were committed to the Fleet, and fined 50 l. apiece, and bound to their good behaviour a year, and the Party hurt left to the Law for his Damages.
The Defendant Cunningham for extorting several great Sums of Money from the Relators, upon several Arrests made on them by him, being a Serjeant of London; many of which Arrests were occasioned and drawn on by himself, and his Devices; and for procuring one of the Relators to be arrested in Westminster Liberty, and then carried into London, and charged with Actions there on purpose to wrest and extort more Money from him, was committed to the Fleet, fined 500 l. bound to the good behaviour, and disabled to be a Minister of Justice, or to execute any Place, or Office.
Michael. 5 Car.
The Plaintiff having obtained a Judgment in the Court of Common Pleas against the Defendant John Wilkins, for 163 l. 1 s. upon an Action on the Statute of Usury, whereof by the Statute he was to have one Moiety, and the King the other Moiety, did agree with the said Defendant to accept of 55 l. for his part, and left him to agree for the King's Moiety, as he could; and then the Defendant John Wilkins being forced to pay the King's Moiety, commenced an Action against the Plaintiff, and declared, that in consideration of the said 55 l the Plaintiff did assume, and promise to discharge the said Wilkins of the whole Verdict and Judgment aforesaid, and that yet notwithstanding he had been enforced to pay his Majesties part also: To which the now Plaintiff appeared, and pleaded that he did not make any such promise, and that Action coming after to be tried, the Defendant John Wilkins produced, as Witnesses to prove the issue, the Defendants Nicholas Wilkins and Nicholas Wilcox, who he knew were not present at the agreement, and they did then falsely depose, that the now Plaintiff did make such agreement as the said John Wilkins had declared; and for this Perjury the two Witnesses were committed to the Fleet fined 200 l. apiece, bound to their good Behaviour, disabled ever to be Witnesses, and be set on the Pillory at Westminster and Taunton, with Papers inscribed, For wilful Perjury; and John Wilkins, for subornation of Perjury, committed, and fined 300 l. and all of them to pay the Plaintiff 150 l. damages.
The Defendant yeomans, being a Silk-Dyer, died 11000 pound weight of light-coloured Silks for divers Silkmen into false and corrupt Dyes, whereby the Silks were made heavier by about 3 Ounces in a Pound, and much worse than they would have been, if truly dyed; and dyed 40 pound weight of Raw Silks for himself into like corrupt Colours, and fold it to one, who fold it again for good and true-dyed Silks. William Andrews, being also a Silk-dyer, dyed 10000 pound weight of Silks into such corrupt light colours for his Customers, and 2000 pound weight of his own Silk, and soaked the said Silks in Gauls to make them heavy, and corrupt them, and bargained with his Customers to dye them so corruptly, and had greater allowance for it than he should, if they had been truly dyed. And Henry Wright, being also a Dyer, dyed 100 pound weight of light black Silk corruptly by using Slip and Alderbark, whereby the weight of the Silk was much increased, and made less serviceable: And for these Deceits they were committed to the Fleet,
The Defendants, being all armed, riotously assaulted and grievously wounded the Plaintiff's Son in the Town of Abergavenny, and had murder'd him if they had not been prevented by the Officers of the Town. And for this they were committed to the Fleet, and two of them fined 50 l. apiece.
There having been long Discontent between the Plaintiff and the Defendant, the Defendant, armed with a Truncheon of about a Yard long, went out of the Highway into one of the Plaintiff's Grounds, where the Plaintiff, being a Justice of Peace, was walking alone, and did there assault, and beat, and grievously wound the Plaintiff. And for this single Battery, being upon the Person of a Justice of Peace, the Defendant was held worthy the Censure of the Court, and therefore committed to the Fleet, fined 200 l. bound to his good Behaviour during life, pay the Plaintiff 500 Marks damage, and make an acknowledgment to the Plaintiff in writing, and therein desire his pardon, and pronounce the same acknowledgment at the Assizes, and there ask the Plaintiff Forgiveness.
The Defendant about Midsummer Eve 4 Car. did several times kick and strike one Everet, being a Bailiff, and with a Staff struck him a Blow on the Ear, that he was amazed, and bled much; for that the said Bailiff, according to a Warrant to him directed by the Sheriff, had summon'd him to serve of a Jury at the Quarter-Sessions, where he was amerced for non-appearance; and the Plaintiff being informed thereof by the Bailiff, and of divers Threats used by the Defendant, made a Warrant to apprehend the Defendant, and the Defendant taking notice thereof came to the Plaintiff's House, and ask'd the Plaintiff how he durst grant a Warrant out against him, told the Plaintiff he lyed, call'd him Knave, and Rascal-Knave, and said he car'd not a fart for him, and that he was as good a man as the Plaintiff; and the Plaintiff for his abuse of the Bailiff, and his uncivil Carriage, then requiring him to find Sureties, before he departed, for his good Behaviour, he flourish'd his Staff over his head, and contemptuously said he would not find Sureties, and would see who durst stay him, and so departed. And for these Offences he was committed to the Fleet, fined 400 l. bound to the good Behaviour five Years, make his acknowledgment at the Assizes, and pay the Plaintiff 100 l. damage, and his scandalous Answer in this Court to be taken from the File.
Hil. 5 Car.
The Defendant, for affronting the High Sheriff at an Election of Knights of the Shire, and for repressing one of the said Sheriff's Bailiffs, out of Malice, after he was sent home by a lawful Pass, and sending him away again to serve as a Souldier, by colour of his Office of Deputy Lieutenant; and for using provoking and uncivil Speeches of Sir Robert Phillips on the Bench, the Justices sitting, saying, he wondred Sir Robert would make such a Certificate, for that it was a Lye, a base Lye, and a false Lye, and he would maintain it to be a Lye with the best Blood in his Body, and that as good a Man as Sir Robert Philips, or a better, would maintain it to be a Lye; was committed to the Fleet, and fined 200 l.
The Defendants out of Malice to the Plaintiff, for that he had caused one Jemmet, an uncomfortable Minister, to be put from being Lecturer of their Parish, raised a same, that the Plaintiff had ravished, or attempted to ravish a Woman of Sandford, where the Plaintiff had formerly dwelt; and some of the Defendants were sent by the rest to Sandford to enquire out Matter against him, and there meeting with a discontented Woman, who told them (out of some displeasure) that the Plaintiff had attempted her Chastity; the Defendant yates telling her the Plaintiff did oppose the good People of Leachlad, and that they, for Conscience sake, desired Matter to turn him out of his Living; told her she might drink 10 l. if she would justify the Accusation, and then gave hertwo Shillings, and after came to her again, and told her the Attempt of a Rape would not serve to turn the Plaintiff out of his Living, and therefore told her, if she would testify some Act done by him, she should be liberally rewarded by the Defendants Eyres and Gearing, and if she would testify a Rape it would be worth her 40 l. and then gave her 5 s. and told her Maid, that if she would testify a Rape, she would be as well paid as her Mistriss; and several Sums were given and promised to him that went about to enquire out Matter against the Plaintiff. And at last by Persuasions, Promises of Reward, and Solicitations, they procured Yates and Brown to consent, to accuse the Plaintiff of a Rape, and to go to London to make good the Accusation before the Lord Chief Justice, and gave Brown twenty Shillings in Hand; and to incense her, told her the Plaintiff had spoken very ill of her, and by this means got her to London to accuse the Plaintiff: but her Husband, then coming to the knowledge thereof, dissuaded her, and thereupon their Practice took no effect. And for this foul Practice and Conspiracy to deprive the Plaintiff of his Benefice, and Life, they were all committed to the Fleet, fined 500 l. apiece, bound to their good Behaviours; Yates set on the Pillory, at the next Market-Town to Leachlad, and the Decree to be there read; all of them to acknowledge their Offence, and ask the Plaintiff forgiveness in his Parish-Church, and pay him 200 l. Damage. The Lady Laurence, and two more not sentenced, but left with a severe Reprehension, and Admonition; and the Lady Laurence, for turning up the back parts of a Child at the Font, when the Plaintiff would and should have signed it with the Sign of the Cross, which was proved, but not charged by the Bill, was recommended to the High-Commission Court.
The Defendant being High Sheriff of the County of Wilts, and having taken his Oath for the due Execution of that Place (part of which Oath was, that he would, in his own Person, remain within his Bailiwick, during the time of his Sheriffswick, unless he had the King's Licence to the contrary) did, notwithstanding, being elected a Citizen for the City of Bath, to serve in the Parliament, held 3 Car. attend that Parliament, and reside in, and about the Cities of London and Westminster; and for this was committed to the Tower, during his Majesty's Pleasure, fined 2000 Marks, and before his enlargement to make an humble Submission and Acknowledgment of his Offence in this Court, and to his Majesty.
His Majesty having disforested the Forest of Gillingham in the County of Dorset, allotted several equal Shares to all the Borderers and Commoners, and made Sir James Fullerton Kt. Farmer of his part thereof, who inclosed, railed and fenced the same. The Defendants, by an Agreement among themselves, did at divers times, by day and night, sometimes a hundred in a Company, sometimes more, sometimes fewer, all armed, and most of them in sundry forts disguised, in a riotous and rebellious manner throw down, and fill up the Ditches and Fences there about three Miles in length, and bound themselves by Oaths to be true one to the other, and not to reveal one another, and to resist such as should endeavour to apprehend any of them, and to rescue those apprehended; burnt the Plants, sawed in sunder the Rails and Posts, buried them in the Ground, and in Triumph, when the Plants were burning shot off their Guns and Pistols, threatned to kill the Workmen, and burn their Houses if they came any more to work there, and beat down part of their Houses, and cut down their Fruit-Trees, and did assault and beat two of his Majesty's Messengers, who had apprehended some of the Rioters, and rescued their Prisoners from them. And for these Offences thirty of them were fined 200 l. apiece, and bound to their good Behaviour two Years; thirty five fined 100 l. apiece, and bound to their good Behaviour two Years; and nine others fined 40 l. apiece, and all of them committed to the Fleet, and to pay 200 l. damage to Sir James Fullerton, and the Rescuers and Rescued to pay 30 l. apiece Damage to the Messengers, and the Decree to be read at the Assizes for Dorset, Wilts and Somerset, and then the Defendants Hoskins the Colonel, Alford the Captain, Cave the Lieutenant, and Miller the Corporal of the Rebellious Troop to be set in the Pillory, with Papers on their Heads declaring their Offence.