Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
This free content was digitised by double rekeying. All rights reserved.
Pas. 9 Car.
The Defendant Constantine disbursed mony toward the suing forth of a Writ of Scire Facias out of the Court of Exchequer against the Plaintiff, which, at his instance, was executed, and returned; and did, at his own Charge, procure a Judgment against the Plaintiff, and a Writ of Extent to be thereupon sued forth, and executed, he having no Interest in the Debt or Suit, whereupon the Writ was sued forth, and executed: and for this Maintenance he was committed to the Fleet, and fined 100 l.
Seventeen of the Defendants, with about three or fourscore others July 9. 6 Car. assembled themselves upon a piece of Ground called Westland-Heath, which was then fenced by the Plaintiff with Hedges, Ditches, Gates, Rails and Posts, and whereon the Plaintiff had then Corn growing; and being armed and provided with several sorts of Weapons and other Instruments, did riotously break down, pull up, and cut in sunder the Gates, Posts, Rails, Hedges and Fences there, and burned and consumed them, and the Quicksets there with fire, strook up a Drum, and shouted, laughed, and rejoyced thereat; and the Constables coming to keep the Peace, they threatned to burn them too, if they resisted the Rioters, and had a Captain and Lieutenant among them: and for these riotous Proceedings, although some of them had, the day before, upon a Trial recovered common of Pasture in the said Ground; the Defendants were committed to the Fleet; Webster the Captain, and Brown the Lieutenant fined 100 l. apiece, bound to their good Behaviour a year, and to acknowledg their Offences at Norfolk Assizes, the Decree being there read; and the rest of the Defendants fined 50 l. apiece: but the Court would give the Plaintiff no damage, for that some of the Defendants had had two Verdicts for common in the said Ground.
The Defendant being troubled in Conscience, and grieved with the sight of the Pictures, which were in a Glass-window in the Church of St. Edmonds in new Sarum, one of the said Pictures, to his undestanding, being made to represent God the Father, did procure an Order to be made by the Vestry, whereof himself was a Member, that that Window should be taken down, so as the Defendant did, at his own Charge, glaze it again with white Glass; and by colour of this Order the Defendant, without acquainting the Bishop or his Chancellor therewith, got himself into the Church, made the doors fast to him, and then with his Staff brake divers holes in the said Painted Window, wherein was described the Creation of the World: and for this Offence committed with neglect of the Episcopal Authority from whom the Vestry derive their Authority, and by colour of an order of the Vestry, who have no power to alter, or reform any of the Ornaments of the Church, the Defendant was committed to the Fleet, fined 500 l. and ordered to repair to the Lord Bishop of his Diocess, and there make an acknowledgment of his Offence, and Contempt, before such persons as the Bishop would call unto him.
Attornat. Regis ver. Overman & al. Soipe-boilers. Using Fish-Oyl in Sope-making; Not suffering the Essay-Master to try or mark their Sope; Unlawful Meetings to set Prizes on their Commodities; Disabled to use their Trade.
The Defendants being Sope-boilers of the City of London, did, contrary to his Majesties Proclamation, use divers great quantities of Fish-Oyl in making their Sope, and four of them also used Spike-Oyl in the making thereof, to qualifie the Scent of the Fish-Oyl; his Majesty by that Proclamation having prohibited the use of any other Oyl than Olive, and Rape-Oyl to make Sope withal, so as it might be sweet and more serviceable: and the Defendants Griffin, Cox, and Revel, in farther contempt of his Majesty's Proclamation, and in Contempt and Opposition of his Majesty's Letters Patents granted to the new Corporation of Sopers of Westminster; and by the Instigation and Encouragement of the Defendant Whitwell, refused to suffer the Essay-Master for Sope to try or mark their Sope, although his Majesty by his Proclamation commanded the doing thereof, and that none should be sold until it were marked and tried: and albeit the Defendants were no Corporation, Body, or Fellowship by any lawful Authority, yet the Defendants Overman, Baker, and Troughton, with others, did, at several times, and at several Taverns in London, assemble themselves together, and confer about the sale of their Sope, and buying of Fish-Oyl of the Greenland. Company, and did there conclude, and agree not to sell their second best Sope under 54 s. a Barrel; and did after sell it at greater Rates, and did buy six hundred Tun of Fish-Oyl not long after to use in making their Sope: and for these Offences they were all committed to the Fleet, during his Majesty's pleasure; Griffin fined 1500 l. Overman the Elder and Whitwell 1000 l. apiece, Baker, Troughton, Cox and Revel 1000 Marks apiece; Hardwick, Overman junior, Barefoot, Hayes, Hynde, Washer, Barber, Weedon and Monck 500 l. apiece; and all of them disabled by themselves, or their Workmen, Servants, Agents, or any other, to use or exercise their Trade of Sope-boiling at any time hereafter.
The Plaintiff being put into the possession of the Mannor-house of Lea, with other Lands thereto belonging, by virtue of a Commission out of the Court of Exchequer, being extended for a Debt of 365 l. due to his Majesty, the said Mannor and Lands being granted to the Plaintiff by Letters Patents, at a certain Rent, for so long a time as the same shall remain in his Majesty's Hands, by reason of the said Debt; the Defendants Houghton, Barton and Dawson, with others, to the number of about sixty, came and enter'd into part of the said House, and being charged and required by the Plaintiff to depart, and suffer him quietly to enjoy the Possession; the Defendants Dawson and Barton said, they were sent thither by their Master Sir Richard Houghton, and they would be there; and then divers of the Company, in a terrifying manner, gave out threatning Speeches against the Plaintiff, and the Commissioners that put him in Possession. And the Defendant Houghton making shew of compounding with the Plaintiff for the said Debt, drew the Commissioners out of the House, and then the Doors and Gates were lock'd up by the riotous Assembly, and the Plaintiff and his Company kept as Prisoners without Fire or Candle. And for this riotous Assembly, and disturbing the Plaintiff's Possession, in opposition and contempt of the said Commission, the said three Defendants were committed to the Fleet, Houghton fined 100 l. the other two 50 l. apiece.
The Defendant Thomas Ogle Esq; being discontented at the Plaintiff, and having an intention to wound and mischief him, went with the other Defendants to several places to enquire for the Plaintiff, and being told which way he was gone, and where he would dine that day, they went to meet him, and found him walking with one only in his company, and without any Weapons; and after some Speeches had passed between them, Ogle told the Plaintiff he lied, and lied in his Throat; and the Plaintiff thereupon hitting him in the Face with his Gloves, Thomas Ogle, arm'd with a Dagger, Sword and Pistol, and having a Riding Rod in his Hand, struck the Plaintiff therewith over the Face; and then he, the other Defendants, and others, drew their Swords, assaulted and wounded the Plaintiff in the Head, and cut him thro the Pericranium and Scull, so that three or four pieces of the Scull were taken out; and he was a year and an half before he was perfectly cured. And for this the three Ogles were committed to the Fleet, fined 500 l. apiece, bound to their good Behaviours two years, and acknowledge their Offences, and ask the Plaintiff Forgiveness in this Court, and pay the Plaintiff 1500 l. damage.
The Defendant upon the hearing, being for Matters civil and criminal, was order'd to pay unto the Plaintiff 31 l. 4 s. which was due from one Howes to John Turney, late Felo de se, upon a Bond of 60 l. for that he having possessed himself of the said Bond, had receiv'd 24 s. Interest thereupon, and after deliver'd up the Bond to be cancelled, and taken a new Bond for the Debt in his own Name: And time was given him to shew cause why he should not also satisfy the Plaintiff other Debts also, which he confesseth he did owe the Felo de se; but faith, and proves not, he surrender'd Lands to him to satisfy those Debts in his Lifetime.
The Defendants Hamond and Detton, in contempt of an Order of the Court of Wards, came into the Field where the Plaintiff had Corn cut, and ready to be carried, and-being armed, Hamond with a Bill, and Detton with a Sword and Pitch-fork; and being accompanied also with one Mysey armed with a Sword and Pistol, gave out that the Plaintiff should fetch no Corn there; and as the Plaintiff was coming to fetch some of the Corn, Mysey standing at the Gate where he was to come in, and Hamond and Detton being within the Ground, told the Plaintiff he should fetch no Corn thence, and Mysey swore, if he came in, he would shoot him with his Pistol, the Cock whereof he pull'd up, and presented it to the Plaintiff. And the Plaintiff coming another time to fetch some of the Corn, being cut by Hamond's Servants, Hamond beat the Oxen with a Pitch-fork, and wounded them so, as the Plaintiff could have none of the Corn. And for this Hamond and Detton were committed to the Fleet, fined 40 l. apiece, and 20 l. Damages to the Plaintiff.
Two of the Defendants, on behalf of the Defendant Watmore, enter'd into a House wherein two of the Plaintiff's Children were keeping the Possession, and then riotously with Weapons, having first lock'd up the doors, kept the Possession from the Plaintiff, and resisted them that offered to come it for the Plaintiff, saying, None should come in but upon the sharp: And then Whitfield, another of the Defendants, came to the House armed, and his Entrance being withstood by the Plaintiff's Wife, he shouted, and thereupon the other Defendants came presently to him: And upon their coming Jo. Rea, being a Constable, bid the other Defendants take the Plaintiff's Wife from the Door, or knock her down; whereupon they rushed her from the Door, and Whitfield got into the House to help keep the Possession: And Jo. Rea, to oppress the Plaintiff, procured him to be arrested in an Action of 100 l. and kept in Prison three Nights, at the Suit of one West, but without his Privity or Allowance; and when the Plaintiff had given Bail to that Action, he caused him to be again arrested in another Action of 100 l. at West's Suit, without his Privity or Allowance; and then gave out, that he had several other Writs to charge him withal, which he would lay upon him as soon as he was enlarged, if he would not yield to such Articles as the said Rea would propose; which were, that he should release several Bonds, and all the persons that had forcibly taken his Possession, and give Security to pay William West such Money as he should demand of him. And John Rea, at such time as Nathaniel Dunne was giving Evidence against him at a Quarter-Sessions, upon an Indictment for the King, did interrupt him, pinched him backward, and struck him on the Arm with his Hand, and thereby enforced him to go away without giving Evidence. And for these Offences the Defendants were all committed to the Fleet, bound to their good Behaviours; John Rea fined 200 l. four others 40 l. apiece, and two more 20 l. apiece.
The Defendant, bearing malice to the Plaintiff, procured a libellous and scolding Letter to be written to the Plaintiff, and then to be written over by a Scrivener's Boy, and sent him by a Porter the Letter, being subscribed Joan Tell-Troth; and published this Letter in several Taverns and Alehouses, and to several Persons in disgrace of the Plaintiff, whom in the Letter she often termed Scoggin, with other disgraceful Names, and the Plaintiff's Wife Jezebel, and the Daughter of Lucifer, with other invective Terms; and also caused another like scandalous and invective Letter, subscribed Tom Tell-Troth, to be written, and sent to the Plaintiff. And therefore she was committed, fined 40 l. bound to her good Behaviour, to be duck'd in a Cucking-Stool at Holborn-Dike, make an acknowledgment of her Offence at the Vestry, and pay the Plaintiff 20 l. damage.
The Defendants, being armed, made several riotous Entries into the Plaintiff's House and Land, and forcibly disturbed and detained his peaceable possession thereof, after he was restored thereunto by the Justices of the Peace. And for the same they were all committed to the Fleet; Richard Turner fined 50 l. and two others the like Fine, and seven others 20 l. apiece; and five of them to be bound to their good Behaviours before the Justices of Assize, by the Space of a Year.
Trin. 9 Car.
It did appear by Circumstances, but no direct Proof, that the Defendant Richard Littlehales Sen. and Richard Littlehales, alias Bristoe, were guilty of unlawful hunting and killing of the Plaintiff's Deer. And therefore they were committed to the Fleet, fined 100 l. apiece, bound to their good Behaviour, and pay the Plaintiff 40 l. apiece damages.
The Defendants being charged with several Offences touching the taking and receiving the Tolls and other Profits of the several Fairs and Markets kept in the said Town, which they claimed as belonging to them as Burghers there, and which the Plaintiff claimed to belong to her as Lady of the Mannor: The matter was referred to the Award of the Earl of Manchester, Lord Privy-Seal, the Earl of Bridgewater, Mr. Noy the King's Attorney, and Sir John Banks Knight of the Province, Attorney, who certified the Court, that the Town of Woxbridge was no Corporation; and that neither the Defendants, nor any other of the Burghers of that Town ever had any right to any the Tolls, Liberties or Franchises within the said Borough, but by the permission of the Plaintiff, or former Lords and Ladies of the said Borough for the time being: And that the Plaintiff is seized of the Mannor of Colham, and of the Borough and Town of Woxbridge, as a Member thereof; and of the Fairs, Markets, Tolls, and other Profits incident, or belonging to the said Fairs and Markets; and that the Choice of the Bailiffs there doth belong to the Plaintiff, who may remove them at her Pleasure. All which the Defendants acknowledged, and promised obedience for the future. And therefore the Committee held fitting the Defendants should pay the Plaintiff 200 l. in recompence for the Tolls, and other Profits by them received, and for her Costs of Suit, and so the Bill to be dismissed hence; which this Court decreed to be performed ut per Cur. and the Defendants to pay a Fine of 20 l. to the King pro licentia concordandi.
The Defendant framed and wrote a witless, malicious and libellous Letter, directed to Mr. Brooks a Proctor at York, and Thomas Squire a Clerk in the Office of Consistory at York, or to either of them, wherein was contained, That the Bishop is so strong that if Bribery will be taken, you must lie all along, for the Bishop shits Warrants at every Door, meaning the Bishop of Chester; and sent that Letter to them to York by one Markland, and Markland delivered it to one Leigh, who brake it open. And for this malicious Libel the Defendant was committed to the Fleet, fined 500 l. and be set on the Pillory at Wigan, Lancaster-Assizes, at the City of Chester, with a Paper on his Head, inscribed with Words declaring the nature of his Offence, and at each place publickly and penitently acknowledge his Offence and Scandal of the Bishop in such manner as it should be penn'd, and deliver'd to him.
The Defendant Rowley, in March 6 Caroli, despitefully and maliciously took away the uppper part or Cap of the Pump or Sluice of the Plaintiff's Fish-Pond, and threw the same into the Pond, and thereby a great part of the Water of the Fish-Pond did run out, whereby the Fish therein might (as the Court conceived) have come to have been utterly spoiled and destroyed. And therefore the Defendant was committed to the Fleet, and fined 100 l. to his Majesty's use.
The Defendant, in contempt of his Majesty's Proclamation, and Book of Orders, whereof he had notice, and in contempt of several Orders made by the Relator, then Mayor of Lincoln, and other the Justices there to restrain him from selling any Corn or Malt out of the Market, or in any other Market than Lincoln, and to enjoin him to bring both Malt and Corn weekly into the Market, and to fell it as the Market would afford, he having then 400 Quarters of old Malt in store, and 300 Quarters of Barly, which he bought out of the Market-standing; and also to prohibit him from malting any more at that time, did not bring above six Strikes of Barly into the Market from October the sixth unto August following; but did buy several Quantities of Barley himself out of the Market, as it was coming to the Market, and malted above 200 Quarters, and continued malting from October the sixth till Whitsontide following; yet in all that time did not sell above twenty Quarters of Malt in the said Market of Lincoln; but many times sent Malt to the Market by his Servant, and set so great a Price upon it, that he sometimes carried it away unsold, and refused 36 s. and 38 s. a Quarter: and being asked why he would not sell at the Market-price, he said, the Mayor and Justices had enjoyned him to bring his Corn to the Market, but they should not, nor could not set a Price on it; but he sold twenty Quarters of Malt at Newark-Market to a common Badger, and several Quarters of Malt out of the Market to Alehouse-keepers, and other Customers weekly. And for these Contempts, and breach of the Proclamation and Orders aforesaid, he was committed to the Fleet, fined 1000 l. and to acknowledge his Offences before the Justices of Assize, Mayor, Magistrates, and Justices at the Assizes to be held for the City of Lincoln; and the like Acknowledgment at the Assizes to be held for the County of Lincoln, and 200 l. damage to the Relater for prosecuting this Cause, and defending another vexatious Cause prosecuted here against him the said Fowkes.
The Defendant, out of malice to the Plaintiff, for that the Plaintiff would not let him hold certain Lands which the Plaintiff had in Farm, pretending that he had lost two Sheep, and that the Plaintiff had shorn them among his Sheep, and marked them with his Mark; and to be revenged on the Plaintiff, he preferred an Indictment of Trespass against him at the Quarter Sessions at Tenterden, for taking away his Sheep and Wool: and in the Afternoon of the same Day, at the same Sessions, he preferred another Indictment of Felony to the Grand Inquest against the Plaintiff for stealing two of his Weathers, Price 20 s. and 16 pounds of Wool, Price 16 s. of the said Defendant's Goods; and did there give Evidence, that the Plaintiff had shorn five of his Sheep, and marked them with the Plaintiff's own Mark: That three of the Sheep came home again; and that the Plaintiff kept and convey'd away the other two, and the Wool; yet upon this Indictment the Inquest returned Ignoramus. And in December following, as the Plaintiff, being one of the Jurats of Tenterden, was sitting at the Bench with the Mayor and Jurats, the Defendant publickly charged and accused the Plaintiff of Felony, for stealing his Sheep and Wool, and pressed the Mayor and Jurats either to commit him, or bind him over to the next Sessions to answer the Felony: And thereupon the Defendant having put his Accusation in Writing, and set his Hand to it, the Defendant was bound over to answer it at the Sessions, and there the Defendant preferred the like Indictment, and gave the like Evidence as before; and brought three Fleeces of Wool, which he pretended were stolen by the Plaintiff, and sent home again unto him, into the Court, and shew'd them to the Mayor, Jurats, and Grand Inquest, and then laid them on the Bank before the Sessions Door, the more to traduce the Plaintiff; yet the Inquest then returned Ignoramus. And in farther disgrace of the Plaintiff, the Defendant afterward hung some Wool upon a Tree near the High-way, before the Plaintiff's Dwelling-house in Tenterden, tied about with a Rope or Halter, and fastned to the Tree, as if it had been Wool stolen by the Plaintiff. And the Defendant in scoffing manner told one of the Neighbours, that he heard the Plaintiff had a Tree that bare Wool, and wished he had a Graft of that Tree, and that the Plaintiff could not chuse but be rich, having such a Tree; and told another Neighbour, that there was a Tree before his Friend Sheep-stealer's House that bare Wool, and wished him to get him a Graft. And the Defendant framed another Libel against the Plaintiff, containing, Free-gift Stace, beware of Sheep, for he did take, drive away and shear the Wool, steal, and bear it away in the Year 1628. and this Libel he fixed to a Turn-pike in the Footway between the Plaintiff's House and his Parish-Church, where it was found by a Neighbour. And the Defendant reported that he would have a Standing made to sell Wool upon Tenterden-Fair-day before the Plaintiff's Dwelling-house, and went to borrow Boards for that purpose, and offer'd one Money to sell Wool there, being about half a Mile from the place where the Fair was usually kept: and in further pursuance of the Defendant's malicious Intention to defame the Plaintiff, he caused two other Bills of Indictment to be prefer'd against the Plaintiff for the same Felonies, at a Sessions held at Canterbury twenty Miles off, and there gave the like Evidence as before: and thereupon, in the absence of the Plaintiff, the Inquest return'd on both Bills, Billa vera; and the Plaintiff being at the next Sessions tried thereupon, was, not-withstanding the false and malicious Evidence then given against him by the Defendant, and others, acquitted: and for these Offences the Defendant was committed to the Fleet during Life, fined 1000 l. be set on the Pillory at Tenterden before the Plaintiff's Door, and at Canterbury at the Sessions, with a Paper on his Head declaring his Offence, and at each Place acknowledg his Offence, and have an Ear cut off; to be tied to the Tree where he hang'd the Wool a whole day, with the Wool about his Neck, be set in the Pillory at Maidstone with the like Paper on his head, and there acknowledg his Offence, and pay the Plaintiff five hundred Marks damage.
Orders Decreed upon the Motion of his Majesty's Attorney General touching Sope and Sope-Boilers, ut sequitur.
- I. That the Governour, Assistants and Society of the new Corporation of Sopers of Westminster, shall use all diligence to prosecute their Undertakings with his Majesty for establishing that work, wherein this Court will give assistance from time to time.
- II. That that Company shall the last day of every Michaelmas and Easter Term, and oftner if it shall be requir'd, make true Certificate into this Court, under the hands of the Governour and Essay-Master, and two of the Assistants at the least, of the Goodness of their Sope, and whether the Standard be duly renewed, and the Sope made according to the Goodness of that Standard.
- III. That the Essay-Master do diligently attend, and justly and faithfully search and mark all Sope, which shall deserve to be so marked, and refuse to mark all such Sope as shall be defective in Sweetness or Goodness, and not answerable to the Standard; and that no Sope-maker whatsoever put any Sope: to Sale which is not so marked, and of like Goodness with the Standard. Nevertheless, if hereafter it appear to the Court, that for inferior Uses, or other Uses than washing of Linen, there be cause to make Sope of less Goodness and Sweetness, and of a lower Price, this Court will so order the making and uttering thereof, so as that it shall not be an Evasion for the making and uttering of Sope contrary to the meaning of his Majesty and this Court, and to the abuse of the Subject.
- IV. That no soft Sope be hereafter utter'd or sold by any Sope-maker, their Factors, Workmen, or Servant, for above 3 l. 4 s. the Barrel, which is 3 d. per Pound, under penalty of being punished in this Court, for an Oppressor of the King's Subjects. Nevertheless the Court reserves Power to increase the Price hereafter, if the Price of Materials increase.
- V. That no Person or Persons, who on the 22. of November last did not use the Trade of Sopemaking or Sopeboiling for themselves, nor any Person or Persons, who by reason of their Profession or Apprenticehood are capable of using their Trade, shall continue, or set up the said Trade directly or indirectly, till this Court shall (upon examination of the true State of each particular Man's Case, that desires or in tends to set up such Trade) receive satisfaction of the Justness of his Pretences to use that Trade; of the conveniency and fitness of the place where he intends to use and exercise the same; and that he doth not colourably pretend to use that Trade for himself, and his own Use, when in substance he useth it for the Benefit of the Sope-boilers, disabled by this Court: and this to continue until this Court give further Order to the contrary.
- VI. The Servants and Workmen of the Sope-boilers disabled, recommended to the Governour and Company of new Sope-boilers to employ them in their Works, in some convenient manner for their Livelihood, else this Court will take a fit course for them.
- VII. That the Essay-Master and Searchers, and their Deputies shall, from time to time, execute their Offices, and that with a Constable when they think fit to require it, by going into the Houses, Work-houses, or Cellars of those, who shall be Makers of Sope, to search for all Sopes made, and for Oils and other Materials provided for making Sope; and to essay the Sopes, Oils and other Materials; and that none oppose, hinder or delay such Search to be made, and Essay taken.
- VIII. That the new Company of Sopers do erect and continue their Work-houses for Sope-making, in, or within one Mile of the City of London and Westminster, and no other Sope-boiler to erect any other Work-house, or Place for making or boiling of Sope, but within London, Westminster or Bristol, or within one Mile of those Cities, or in such other Place or Places as this Court shall upon other good Reasons first approve of and allow: and the Governour, Essay-Master, or new Company of Sopers to have notice where their Work-houses are, or shall be erected, before they use the Trade there.
- IX. That all Sope-boilers and Sope-makers, not being of the new Company, shall be under the Survey, Rule, Order and Government of the said Company and Officers thereof; so far forth only as concerns the Trade and true making of Sope, and not otherwise, or to any other purpose, without their own free Consents thereto.
- X. That the Governour, Assistants and Fellows of the new Society of Sope-makers shall henceforth, from time to time, take care that there shall be and continue of the said Society thirty Persons at the least.
- XI. And Lastly, That if any Person shall offend against any thing therein contained, ordered, and decreed; every such Person shall incur and undergo such Imprisonment, and other Punishment, as this Court shall hold fit, and inflict for the same.
Mich. 9 Car.
The Defendants Sandford and Hills being Partners, caused seventeen Packs of Wool to be sent over-Sea to Diep, and there sold by the Defendant Webb, who was sent over to Diep for that purpose; and all these several parcels of Wool were shipped and carried away, part by the Defendant Rowland, and part by Shipwright, and was laden in the Night-time, at an unusual Place, from a Marsh-house of the Defendant Sandford's and carried over uncustomed and uncocketted, and there sold by the Defendant Webb; and for these Offences, Contempts to his Majesty's Proclamation prohibiting the Transportation of Wool, and deceits of his Majesty in his Customs, carrying it away uncocketted, and lading it at an unusual place, they were all committed to the Fleet; Sandford and Hills fined 400 l. apiece for transporting Wool, 400 l. apiece for deceiving the King of his Customs, and 400 l. apiece for sending away their Goods uncocketted; and Mr. Sandford to be bound with Sureties, that no Commodities should thereafter be laden or shipped from the said Marsh-house: Webb for being aiding, privy or consenting thereunto, fined 500 Marks; and Rowland and Shipwright for carrying away the Wool in their Barks uncustomed and uncocketted, and lading it at an unusual time and place, fined 200 l. apiece, and bound with Sureties never to offend so again.
Stafford bearing malice to the Plaintiff, vowed revenge, and to give him a knock when he met him; acquainted Dr. Scott with the difference, and his determination, and Scott knowing that Mr. Stafford would be at the Bull in Stamford the fifth of September, sent for the Plaintiff to meet him the said Dr. Scott there that day, upon pretence of business: and at his coming thither they went and sat together in a Room, and the Defendant Nanton came to him; and at length Mr. Stafford came to the said Inn, and enquired for the Doctor; and being told that the Doctor and the Plaintiff were above together, Stafford said the Plaintiff was a Rascal Rogue, and so went up the Stairs to them, and at his coming whipped the Plaintiff with a Horse-whip before he could rise, and then with the great end of his Whip, having an Ivory Handle, struck the Plaintiff seven or eight Blows on the Head, and brake his Head in divers places, and then offer'd to draw his Sword, but was prevented by Nanton, who was sent thither by Stafford to keep them company till he came; and from that time Scott neglected the Plaintiff, and never offer'd to visit him whilst his Hurts were dressing: And for this the Defendants were all committed to the Fleet; Stafford fined 1000 l. Scott 500 l. and Nanton 100 l. Stafford to pay the Plaintiff 500 l. damages, and at Northampton Assizes publickly acknowledge his Offence, and ask the Plaintiff Forgiveness, the Judge and Justices sitting.
The Defendant Bent being Feodary of Leicestershire, and an Office being to be found within that County, the Heir's Evidence was by his means rejected, and not allowed to be taken; so that an Ignoramus was then found, and after the Heir was forc'd to attend four several times, at several Places, about the finding of an Office, but no Office could be found, until the Heir being advised to give the Defendant 10 l. to let the Office go fairly on; one of his Friends offer'd him 5 l. for that purpose, but the Defendant would not, unless he would give one Fawlkner his late Servant 10 l. which 10 l. was afterward paid to the Defendant, and as he appointed, but all for his use, altho part was paid to one Alsop as for charges: and after all the Money paid, the Heir's Lands were found to be held in Soccage. And another Office being to be found after the Death of the Lord Beamont, the Defendant was promised 20 l. to suffer an Office to pass, and for his Fees and Pains thereabout; 10 l. whereof he received, and threatned to take a Course in Law for the other 10 l. if it were not paid: and the Defendant took 18 l. to free one Clark, his Majesty's Ward, both of his Wardship and all Trouble thereabout: and after the Death of one Sacheverell an Office was found by the Defendant's privity and consent, that all the Lands whereof he died seized were held in Soccage, and for that Office the Defendant demanded 40 s. as a due Fee, and was paid it: yet afterward the Defendant, without giving any notice to the Heir, found another Office, that Sacheverell died seized of Lands held by Knights Service (another man being in truth seized thereof to his own use at Sacheverell's Death) and then the Defendant corruptly offer'd to deliver up that Office to the Heir, if he would give him 100 l. and twenty Marks for Charges. And for these Extortions and fishing for a Bribe, the Defendant was committed to the Fleet, fined 1000 l. and disabled to execute his Place or Office of Feodary.
The Defendant being Feodary, upon the finding of an Office after the Death of one Mitchel, did take by way of agreement before-hand made, 8 l. for his Favour therein, besides 6 l. for Charges, and so by the Office found by the Defendant's Sufferance, the Lands were found to be held in Soccage: and upon finding an Office after the Death of one Feare, the Defendant fished for a Bribe of one hundred Marks to free the Heir from being Ward; and after the Lands were found to be held in free Soccage, and the Defendant took 3 l. for his and the Escheator's Fees, and a Bond to pay twenty Marks to one Alsop (but in truth for the Defendant's Use) and after the Death of one Wakelin an Office was found, that he died seized of Lands held in Capite, and his Son under age (his Son being in truth twenty two Years old) and his Wife Joint-Purchaser with him: and the Defendant being told that he was twenty two, deliver'd up that Office, but told him it cost Mony, and by that means got 40 s. from the said Wakelin's Son. And after the Death of one Armeston an Office was found, that the Lands whereof he died seized were held in Soccage for the Earl of Stamford, and 40 s. were tender'd to Bent, and he not being therewith contented had 3 l. given him: and yet afterward upon his own Evidence, without giving notice to the other side to attend the Defendant, procured another Office to be found, that Armeston died seized of some Lands held by Knights Service, one of the Jury being gone, and neither the Sheriff, nor Under-Sheriff there. And an Office being to be found after the Death of one Reade, the Heir's Witnesses attended at the day and place appointed, but the Defendant told them they needed not to attend, for nothing would that day be done; and thereupon, and upon notice given them that the Jury was discharged, they went out of Town, and when they were gone, the Defendant upon his own Evidence, and without any Evidence on Reade's part, and about Sun-set that day, found an Office, that Read died seized of some Land incapite; and upon this surreptitious Office, Process issued out of the Court of Wards, and Reade the Son was arrested for 127 l. mean Rates, when as in truth Reade the Son was seized of those Lands before, and at the Death of his Father, and nor Reade the Father. And for these Offences he was committed, fined 1000 l. and disabled ever to execute the Office of Feodary, Coroner, or Escheator of any County.
The Plaintiff being seized in Fee according to the Mannor of Hall-Place in the County of Southampton, of a Messuage called Hornes, and of certain Lands and Closes there; the Defendant Stafferton, being Lord of the Mannor, pretended Title thereunto, supposing it was escheated; and the Defendant Greenway also pretended Title thereunto in right of his Wife: And thereupon the Plaintiff to clear his Title commenc'd a Suit in Chancery against them both, which coming to hearing, a speedy Tryal at Law was directed, and the Plaintiff to keep the Possession till Greenway recover'd it by Law. Then the two Defendants combine together, and resolve of a course to overthrow the Plaintiff's Title, but not Greenway's, and to turn the Plaintiff out of Possession, which they thus effected: Stafferton by Greennway's consent made a Lease to one Stone to try the Title upon a supposed Escheat, and Greenway by like consent then enters and becomes the Ejector, to the end a Suit might be brought privately, and the Plaintiff never know of it: Greenway, before the Lease sealed, procured a Writ against himself as the next Ejector, got himself arrested thereupon in Stafferton's presence, and Stafferton being Plaintiff in the Action became his Bail: and upon his appearance by a like agreement Greenway confessed a Judgment, and thereupon a Writ of Execution was awarded, and the now Plaintiff's Tenant put out of Possession, and the Possession given to Stafferton and his Lessee; and Stafferton having by this indirect means gotten the Possession, he also possessed himself of the Plaintiff's Goods. And for this leud practice they were both committed to the Fleet; Stafferton fined 1000 Marks, Greenway 200 l. both bound to their good Behaviour during their lives, pay the Plaintiff 100 l. damage: Stafferton to stand on a Stool at Winchester Assizes with a Paper on his Head declaring his Offence, and there make an acknowledgment thereof, the Decree being read; and Greenway to be set in the Pillory at Westminster with the like Paper, and at Winchester, where he was also to be well whip'd.
The Defendant, in scandal of the State, but especially of the now Lord Archbishop of Canterbury, did, as himself consesseth, falsely and merely by the Instigation of the Devil, say and affirm in Reading, That the Bp. of Canterbury was confin'd to Fulham-House; that he had twenty four of the Guard, twelve by day and twelve by night, set to watch him; that his Confinement was for four Points of High Treason, which he affirmed to be these; 1. That the said Arch-Bp. was an Arminian. 2. That he had sent Letters to the Pope. 3. That the Archbishop said the Midwife of the Virgin Mary was a Mediatrix to our Saviour. 4. That the Virgin Mary was no human Creature. And also affirmed, that he had seen four Letters written with the Archbishops own hand, which were to be sent to Rome, two to the Pope, and two to Cardinal Blunt, the substance whereof was, as heaffirmed, That the said Archbishop was ready to do for those at Rome what was in his Power, and that they should direct their Letters' to the Queen of England's Court; That the said Bishop would be an Agent for them to send Letters back again; That the Archbishop preached a Sermon before the King in Scotland, that was fit to be preached before the Pope; and that he was reproved for the same in a Sermon preached by Bishop Hambleton before his Majesty; That the Archbish p allowed 500 l. a year of his own Means to the Pope and that 17000 l. a year was also allowed the Pope by his means. And for this he was committed to Bridewell, there to be kept at Work, during his Life, and never suffered to go abroad, fined 3000 l. be set in the Pillory at Westminster, a Paper on his head declaring his offence, and there acknowledge, and confess the same; be set in the Pillory in Cheapside, with the like Paper, and there make the like submission and acknowledgment, and be burn'd in the Forehead with the Letters L. and R. and be set in the Pillory at Reading, with the like Paper, and both his Ears nailed thereto, and make the like submission and acknowledgment as before.
Attor. Regis. versus Fowlis Mil. & al; Opposing his Majesty's Commissioners; Scandal of the Lord Deputy of Ireland; Scandal of his Majesty's Justice; Speeches against the Council at York, whereof himself was a Member; 3000 l. dam.
A Commission being gone forth, directed to the Lord Viscount Wentworth, and others, to compound with such as desired so to do, for their Contempts in not attending his Majesty at his Coronation, to have taken the Order of Knighthood, as they ought to have done; and the Lord Wentworth being made Collector or Receiver of the said Fines; the Defendant, Sir David Fowlis, at such time as the Commissioners had summoned divers Gentlemen, dwelling near the Defendant, to attend them about their Composition for their Fines of Knighthood, endeavoured and practised what he could to oppose the Service, and to dissuade and divert Men from compounding; and to that end declared publickly his dislike and disaffection of, and to that Service, and encouraged divers to stand out and refuse to compound. And farther to hinder the same he did, in Conference with divers Gentlemen thereabout, say, That Yorkshire Gentlemen in times past had been accounted stout-spirited Men, and would have stood for their Rights and Liberties, and were wont to be the worthiest of all other Shires; and that in former times other Shires did depend, and would direct all their great Actions by that County; but in these days Yorkshire Men were become degenerate, more dastardly and more cowardly than the Men of other Counties, wanting their wonted Courage and Spirit: and then extoll'd and highly commended one Maleverer, for denying to compound with the Commissioners, saying, He was the wisest and worthiest man in the County, and that he was a brave Spirit, and true Yorkshire Man, and that none durst shew himself floutly for the good of his Country but the said Maleverer, who was to be honoured therefore. And farther to hinder that Service, alledged, That in other Shires the Fines advanced for Knighthood were not so high, as by these Commissioners in Yorkshire; and that many in Oxford and Buckingham Shires utterly refused to compound; and he also blamed and reproved some who had compounded, saying, They had thereby done themselves some wrong, and that the Country hereafter would be much troubled with such Impositions. And the said Defendant, farther to beget and draw a general obedience in the People, and to draw a Scandal on the Lord Wentworth, and a disesteem of him in the hearts of the Gentry of that Country; the said Defendant said, That Yorkshire-men did adore him, and were fearful to offend his Lordship, but at Court he was no more respected than an ordinary man; and that as soon as his back was turned for Ireland, his Place of Presidentship of the Council at York would be bestowed on another. And Sir David Fowlis, and the Defendant Hen. Fowlis did publickly, in the hearing of divers Knights and Gentlemen, falsely scandalize and wrong the Lord Wentworth, by saying, and taxing him to have received much Money for Knighthood-Fines, but had not paid the same to his Majesty, or to the Exchequer. And also, to the Scandal of his Majesty's Justice, and of the Lord Wentworth, and to dishearten those that were to compound, they reported and gave out, That when the Lord Wentworth was gone into Ireland, all such as had paid their Fines to him (altho they had his Lordships Acquittance for the same) yet they would, and should be forced to pay the same over again to his Majesty's use. The Defendant Sir David also publickly dissuaded Sir Thomas Layton from yielding obedience to his Majesty's Letter served on him, to appear before the Lord President and Council at York, (the said Sir David being then himself one of the said sworn Council, and by his Oath bound to maintain and uphold the Honour, and Liberties thereof to his uttermost) and in scorn and contempt of that Court said, It was but a Paper Court, and that the Lord President and Council had done more than they could justify in sending for the said Sir Tho. Layton, for that he was then High Sheriff of the County; and that if he were in the Sheriffs Case he would not care a Dogs Turd for it. And in farther disgrace of that Court said. That the said Council had nothing to do with a Justice of Peace, and that the Office of a Justice of Peace was above the Council a York. And for these offences Sir David was committed to the Fleett during the King's pleasure, fined 5000 l. to acknowlege his offences in this Court, before the Council at York, and at the Assizes at York, and there the Decree to be read, made incapable to have or execute, the place of a Counsellor at York, Deputy-Lieutenant, or Justice of Peace, and pay 3000 l. damage to the Lord Viscount Wentworth; and Henry Fowlis was committed to the Fleet, and fined 500 l.
Hilar. 9 Car.
The Defendant, in contempt, and contrary to his late Majesties Proclamation about 13 Jacobi, built in the Parish of St. Martins in the Fields upon new Foundations seventeen Coach-houses, and thirteen Stables all of Timber, and continued the same to this day: And about the same time, in the same Parish he also new built seven other Houses, two were upon old Foundations in part, and the other five on new Foundations, and proceeded to finish them, tho whilst they were in Building he was inhibited by some of the Commissioners concerning Building, and these Houses he still continued standing, and let out to Tenants: And in his now Majesty's time, and contrary to his Majesty's Proclamation touching Buildings, the Defendant in the same Parish pulled down certain Work-houses, Coal-houses, and low Brick Buildings, and in the same place set up five new Dwelling-houses, whereof two were part upon old Foundations, the other three upon back Buildings. And for this he was committed to the Fleet, fined 1000 l. and his said Buildings order'd to be demolish'd and pull'd down to the Ground; and he to cause it to be done by Easter next, or pay 1000 l. Fine more.
The Defendant, contrary to, and in contempt of his Majesty's Proclamation to restrain the setting up of new Buildings in and about London and Westminster, did erect and build a House in Lincolns-Inn-Fields, by Louch's Buildings; and then converted it into two Houses, part of them being upon a new Foundation, and part upon the House, or Yard of a Gun-Powder-House, which was set up 39 Eliz. and this he did by the sufferance of one of the Commissioners for Buildings, to whom the rest referred it. Yet for his Contempt and Offence therein he was committed to the Fleet, fined 200 l. and order'd to demolish those Houses by Easter next, or be fined 200 l. more.
Two of the Ridleys came armed to the Plaintiff's Barn-door, where his Threshers were at work, one of them being armed with a Sword, the other with a Pistol, and wished the Threshers to open the Door; which they refusing, Ridley the Son presented his Pistol at them, and sware he would shoot them if they would not open it, at last brake open the Door, and entred with a Pistol and Sword drawn, and by force thrust the Threshers out of the Barn, and kept the possession all that Day, till others came to them; and then one of them set a Lock on the Door, and so all departed till the next Morning, when they set Threshers at work to thresh out all the Corn in that and other Barns of the Relators, and which stood in Stack in the Yard, and carried, together with a great quantity of Hay which lay in another Barn, unto Ridley the Father's House. And at another time Ridley the younger, with others of the Defendants armed, entred into the Relator's Tenant's House forcibly at a Window, which they cut down, threatned to shoot and run them thorow that were in the House, and there they kept the possession thereof by force; and the Relator coming thither to gain his possession, divers other Rioters armed assembled to them, armed with Daggers and Swords; the Defendants also riotously beat the Relator's Tenant's Wife and Servant as they were collecting of Tythes, and took the Tythes from them. And for this they were all committed, and bound to their good Behaviour, two fined 500 l. apiece, one 100 Marks, and six others 40 l. apiece.
The Defendant being on Ship-board, going beyond the Seas, wrote a scandalous Letter, full of provoking and disgraceful Language, to the Earl of Northumberland, who was then attending his Majesty into Scotland, and withal containing a Challenge, but appointed neither Time nor Place; and this Letter he subscribed with his Name, sealed it up, and sent it to the Earl without making any one acquainted with the Contents thereof. And this Letter the Court adjudged to be both a Libel and a Challenge; and therefore the Defendant was committed to the Tower during his Majesty's Pleasure, fined 5000 l. bound to his good Behaviour during Life, if ever he be enlarged, and fore-judged never to come within the Verge of the King's Houshold, saving in the time of his now Imprisonment; disabled to have or execute any Office, and to acknowledge his Offence to his Majesty and the Lords in this Court upon his Knees, and then ask his Majesty Pardon; and also to make such acknowledgment and submission to the Earl of Northumberland, in the presence of the Earl-Marshal, and such others as his Lordship shall be pleased to call to him, and in such sort as the said Earl shall direct.
The Defendant Hillyard having obtained a Commission and Deputation from his Majesty's Commissioners to enter by himself and his Servants, and to work for Salt peter in all convenient places within certain Counties therein named; by which Commission it was provided, and he agreed, that he should deliver all the Salt-peter he got to his Majesty's Powder-maker for his Highness's Service, and should not imbezzle, sell, or otherwise dispose of any part thereof to any Person whatsoever, saving to his Majesty's Powder-maker: And his Majesty by his Proclamation having also prohibited the making, buying, selling or uttering any Salt-peter to, or for any other Person, or Use, than to his Highness's Powder-maker, for his Majesty's Use: The Defendant did set up several Works for Salt-peter in several Counties, where great quantities were made; and contrary to his Majesty's said Proclamation, and contrary to his said Deputation and Commission, the said Hillyard's Wife, and his Servants, by his and his Wife's Direction and Allowance, did sell divers great quantities of the Salt-peter gotten in his Majesty's Works, to several Persons at 4 l. the Hundred, and receiv'd Money for the same, part whereof the Defendant Hugh Nichols bought contrary to his Majesty's said Proclamation dated in April, 1 Car. and the Defendant Hillyard did not deliver in to his Majesty's Powder-maker the full quantity, which he covenanted to deliver, to his Majesty's great prejudice, who was forced thereby to furnish himself from foreign Parts at greater rates, and to the hazard of the State, it being in a time of War and Danger. And his Majesty's Commissioners taking notice of his Abuses, sent Letters and a Command to the said Hillyard, not to work any longer for the making of Salt-peter, but at his Peril to give over to put in execution any part of his Deputation; yet the Defendant set up several Works in several Places in contempt of their Command; and also set up a Work in a County where his Commission did not extend to, and there took Carts to carry it, as for the King's Service, and yet sold it to others, and it never came to the King's Store-house. And whereas Witnesses were to be examined by Commission out of this Court against the said Defendants Hillyard and Goodenough, they persuaded a Witness to forswear himself, saying, It was no Offence to God to forswear himself to save his Friend, and that Goodenough would prove it by Scripture; and Goodenough persuaded others not to appear at that Commission to be examined, altho they were precepted; and told one of the Plaintiff's Witnesses, That a Friend to save a Friend, and a Kinsman to save a Kinsman, might forswear himself, and that it was no Offence to God so to do. And by such like Words and Persuasions the Defendant Hillyard procured another material Witness of the Plaintiff's not to be examined against him; and they got divers others by indirect means to set their Hands to a Note importing untrue Testimony. And for these Offences Hillyards was committed during his Majesty's Pleasure, fined 5000 l. disabled ever to be a Salt-peter-man, bound to his good Behaviour, and set on the Pillory at Westminster, Andover, and Chippenham, with a Paper on his Head declaring his Offence: Goodenough committed, bound to his good Behaviour, fined 1000 l. set in the Pillory in the three Places before-mentioned, with his Ears nail'd, and a Paper on his Head declaring his Offence, and to be well whipped, and disabled ever to be a Witness: And Nichols committed, and fined 200 l.
The Defendant Pryn contrived, framed and wrote an infamous, scurrilous and seditious Book and Libel, intituled, Histrio-mastix, The Players Scourage and Actors Tragedy; which indeed, as appeared upon reading several parts thereof, contained divers and sundry libellous and scandalous Imputations, and unchristian Censures of all sorts of his Majesty's People, of both Sexes, of this Kingdom, the Magistrates, his Majesty's Houshold, his Majesty and his Royal Confort the Queen; which are of such nature as are not sit to be mentioned; and therein he doth cast personal Aspersions on his Majesty and the Queen, taxes the Government, and endeavours to infuse so much Disobedience and Sedition into the Hearts of his Majesty's People, that he might justly have been dealt with as a capital Offender. The Defendant Buckner, being Chaplain to the late Lord Arch-Bishop of Canterbury, licensed sixty four Pages of this to be printed, Sparks printed them, and Pryn and Sparks, after the said Books were call'd in by Warrant from the Arch-Bishop, published divers of them. And for this Pryn was committed during Life, fined 5000 l. expell'd the House of Court whereof he was, disbarred, and disabled ever to exercise his Profession of a Barister, to be degraded by the University of Oxford of his Degrees there taken; and to be set on the Pillory at Westminster, with a Paper on his Head declaring his Offence, and have one of his Ears cut off; after to be set on the Pillory in Cheapside with the like Paper, and have his other Ear cut off; and then the Books to be cast into a Fire there by the Hangman, to be burned, never to be seen by any: Sparks committed, fined 100 l. to stand on the Pillory in Cheapside with the like Paper: Buckner committed and fined 50 l. Pryn's Affidavit taken off of the File, and he recommended to the High-Commission Court for farther Punishment, for those parts of the Book which scandal the Church.