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.
Pasc. 10 Car.
Crane Mil. versus Hawks. Counterfeiting of Farthings.
The Defendant Hawks, with others his Partners (who were now Witnesses against him) made about 200 l. worth of counterfeit Farthings, in contempt of his Majesty's Proclamation, and contrary to the common Law, in deceit of his Majesty's People, and prejudice of his Majesty's Patentees, who are bound to a continual Re-change. And for this he was committed to the Fleet, fined 200 l. and set on the Pillory at Westminster and Cheapside, with a Paper on his Head declaring the nature of his Offence; and the two Witnesses ordered to be proceeded against by Mr. Attorney General, and after their Answer put in, to proceed to Hearing on their own Confessions in this Cause; and no Man to pay above 2 d. in Farthings to any Man at any time, nor buy any Farthings at any less rate than they are usually vented by his Majesty's Patentees. If any offend in either of these kinds, this Court will severely punish it.
Trin. 10 Car.
Reeve & al. versus Gray; Misdemeanor; 50 l. damage.
The Defendant Gray having a desire to gain the Inheritance of divers Lands, which the Plaintiff Robert Reeve had in Reversion, prepared a Deed to that purpose, and tender'd to the Plaintiff to bail, which he refusing, Gray caused him to be arrested upon suspicion of Felony, for supposed stealing of a Shirt, the Shirt being in truth the Plaintiff's own Shirt: And after procured the said Reeve to be arrested upon an Attachment of Privilege, at his the said Gray's own Suit; that Attachment being in truth sued forth against another Man, an Esquire of the same Name, who lived in that County. And for this indirect Course to get the Plaintiff's Reversion, the Defendant Gray was committed to the Fleet; fined 50 l. to the King, 50 l. damage to the Plaintiff, and disabled to practise as an Attorney in the Court of Common-Pleas henceforth.
Mich. 10 Car.
Vezey Arm. versus Turner & al; Prosecuting Suits in others Names; Stirring up of Suits against the Lord of the Mannor; 300 l. damage.
Turner and Eldred, being customary Tenants to the Plaintiff, did unlawfully stir up divers vexatious Suits against the Plaintiff, being Lord of the Mannor, and to whom they owed Suit and Service: and Eldred prosecuted as an Attorney, several Suits against the Plaintiff in other Mens Names without their Warrant, and Turner did unlawfully maintain and bear the Charge of seven several Actions brought against the Plaintiff in other Mens Names. And the Defendants Eldred and Turner, upon Tryal of an Action against the Plaintiff, unlawfully tamper'd with the Jury; Eldred in the beginning of the Assizes desiring one of the Jury to appear, and telling him the Issue was concerning the Reasonableness or Unreasonableness of a Fine of a Lord of a Mannor, and that it was every Tenant's Case to consider it; and Turner supping with some of the Jury the Night before the Tryal, and bestowing Drink and other Courtesies on them; and the said Turner and Eldred, and the other Defendants, practised to defeat the Plaintiff of the Wardship of a Ward by keeping him secret in their Houses, and shifting him from place to place by night, and causing him to change his Name, to the end he might not be seized by the Plaintiff, and after the Plaintiff had gotten him into his Custody, persuading him to leave the Plaintiff, and be ruled by them. And for these Offences the Defendants were all committed to the Fleet; Eldred and Thomas Turner fined 500 l. apiece; Elizabeth Wace, the Ward's Mother, 100 l. Harrison and William Turner 50 l. apiece: the two first to pay the Plaintiff 100 l. apiece damage, and the two last 50 l. apiece; and all the Defendants to acknowledge their Offences at the Plaintiff's next Court-Baron holden at his Manner and also at the Assizes in Essex, the Judges sitting: Eldred held fit to be disabled to practise as an Attorney any longer, and the doing thereof left to the Lord Chief Justice of the Kings-Bench.
Sheldon ver. Sheldon Gen. & al; Practice to find an Office; Misdemeanor in an Escheator finding an Office; 300 l. damage.
The Plaintiff's Husband dying seised of certain Lands held in free and common Socage, and leaving her a Son under Age; and the Plaintiff after his Decease being possessed of the whole Estate; the one Moiety in right of her Dower, and the other Moiety as Guardian in Socage to her said Son, during his Minority. The Defendant's William and Edward Sheldon, knowing the Lands were all held in free and common Socage, did notwithstanding, on purpose to wrest the Possession thereof from the Plaintiff, exhibit a Petition to the Master of the Wards and Liveries, three years after the Death of the Plaintiff's Husband, shewing, that the Plaintiff's Husband died seized of the Premises; and that the same were held of his Majesty by Knights service in Capite, and that his Heir was within Age, and on that Petition obtained a Writ of Mandamus to the Escheator to find an Office, and the Defendant Atkins being the Escheator, he called for the Writ, brought it down, and without giving any notice to the Plaintiff of the Execution thereof, and without making any Proclamation thereof in the County Court, as he ought, executed the said Writ at a place far distant and remote from the Premises; and thereupon the Defendant William Sheldon acknowledged to the Jury, that about half a quarter of an Acre of the Premises was held of his Majesty in Capite by Knights service, and without any other Evidence given or shewed, the Jury returned their Verdict, and an Office, which was brought thither ready drawn by the Defendant Edward Shelden to that effect was returned and filed; and his Majesty being thereby intitled to the Wardship, the Custody of the Plaintiffs Son was committed to the Defendant William Sheldon and his Wife upon a false pretence that the Plaintiff was a Recusant, and the Plaintiff was turned out of the Possession of the whole Estate: and for this soul Practice the Defendants were committed to the Fleet; William Sheldon fined 200 l. Edward Sheldon 300 l. and Atkins the Escheator 100 l. and the two Sheldons ordered to pay the Plaintiff 300 l. damages.
Peyton Cler. versus Penny & al; Publishing a Libel; 200 Marks damage.
The Defendant Henry Penny having a Libellous Song, which he conceived was made in disgrace of the Plaintiff, did, in the presence of divers Persons sing the said Libel; and the Defendant Henry Penny finding the said Libel folded up, opened, and read the same; and shortly after meeting the Defendant Holley produced and read a Verse of it to the said Holley, and then laid it down upon a Table, and Holley took it up, and the next day delivered it to another man, whereby it passed from man to man, to the Scandal of the Plantiff by whom it was generally conceived to be intended: and for this they three were committed to the Fleet, bound to their good Behaviour; fined 200 l. apiece, to pay the Plaintiff 200 Marks damages. Henry Penny to stand on a Stool in the Church-Porch on a Sunday, while the Parishoners are coming to Church with a Paper on his Head declaring his Offence; and after Service, and Sermon ended, he and the other Defendants to ask the Plaintiff forgiveness, and acknowledg their Offences.
Goddard Arm. ver. Hyde Arm. & al; Practice to procure a false Certificate; 400 l. damage. Damage to a College and Fellows there, no Parties to this Suit.
A Fellowship in Exeter-College in Oxon being void, into which no Man could be elected, except he were born within the Diocess of Sarum; and the Plaintiff's Son, and the Defendant Thomas Hyde both standing for the said Fellowship, most of the Fellows gave their Voice for the Plaintiff's Son, which the Defendants perceiving before hand, altho they well knew that the Plaintiff's Son was born within the Diocess of Sarum, yet to prevent his Election, and to make him incapable of the said Fellowship, Humphrey Hyde, Esq; Father of the said Tho. Hyde, went to the Defendant Elizabeth Dixon, being an aged Midwife of about fourscore years of Age, who had brought the Plaintiff's Wife to bed with some of her Children, but not of her Son that stood for the Fellowship, and insinuating himself with her, persuaded her that she did bring the Plaintiff's Wife in Bed with that Son within the Diocess of Winton, and told her there was a Gentlewoman that liked her so well at that Labour, that she would not be satisfied without she the said Dixon came to bring her to Bed also; and then departed, saying, that she should shortly hear from him again. And having thus prepar'd her; the said Humphrey Hyde contrived and wrote a false Certificate purporting, that the Plaintiff's Wife was delivered of her Son (that stood for the Fellowship) at Eastwoodhay within the Diocess of Winton; and sent that false Certificate by the Defendant Garret to the Defendant Farrant, an intimate Friend of the Defendant Dixons, to get her the said Elizabeth Dixon's hand to the said false Certificate; and the Defendant Dixon, by their persuasion did set her hand to the said false Certificate; and Garret and Farrant set to their names as Witnesses; and the said Garret carried it to Thomas Hyde and delivered it him in Humphry Hyde's presence; Thomas delivered it to Francis Hyde, and he delivered the said false Certificate to the Rector of the College, as a true Certificate, as he was going to the Election; and Alexander Hyde, and Humphry Hyde justified it to be a true Certificate: and by means of this false Certificate the Plaintiff's Son was declar'd incapable of the Fellowship, and ten of the Fellows who gave their Voices for his Election were expelled the House, and for procuring and making use of this false Certificate to the prejudice and disgrace of the Plaintiff's Son, and of the said ten Fellows, the Defendants were committed to the Fleet; Humphry Hyde fined 1000 l. Garret 500 l. Francis Hyde, Alexander Hyde, and Simon Farrant 100 l. apiece, and pay 400 l. to the Plaintiff; 300 l. thereof for his own damages; and out of the other 100 l. 50 l. to go to the use of College who was put to Charge in entertaining the Visitor to examine the abuse, and 50 l. to be delivered among the ten Fellows expelled for giving their Votes for the Plaintiff's Son's Election; who, if the Certificate had been true, had been incapable of the Fellowship, and they justly expelled for giving their Voices.
Kingston Comes versus Pettinger. Scandalous Words; 2000 l. damage.
The Defendant Pettinger, at Barnsley in Yorkshire, in the presence of divers Persons said, the Earl of Kingston, the Plaintiff, is a Base Lord; a T— in his Teeth; he is but Cur, and a Base Lord, and of no account: and for uttering these contemptuous, scandalous, and difsgraceful Speeches, he was committed to the Fleet; fined 200 l. to pay 2000 l. damage to the Plaintiff, at Nottingham Assizes to be publickly whipped, and before his Enlargement out of the Fleet, to find Sureties for his good Behaviour.