Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
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Pasch. 3 Car.
The Defendant Moody conceiving Malice against the Relator for contracting Mary Rud, his Wife's Daughter, unto one Char. Adyn, Nephew of the said Moody; and the Marriage coming after in question in the Court of Arches, the Defendant Moody also grew offended with Sir William Byrel Knt, then Judge of the said Court, for granting a Sequestration of the Body of the said Mary, and a Licence to marry her, and thereupon the said Moody framed two libellous Letters, one in the name of his Wife, whereto she set her Hand after it was transcribed by a Servant, and directed and sent it to Mrs. Adyn, and another in his own name directed and sent to the said Mrs. Adyn; in which first Letter the Defendant did not only scandal the Court of Arches, terming it to be the Lemman Court, where none but Lemmans and Knaves seek their Prey; and the Law thereof the cruel Law, with other scandalous and malicious Terms and Phrases; but did also therein endeavour to lay an Imputation and Scandal upon the said Sir William Bird, then Judge of the said Conrt, and all others the Doctors and Proctors, and Officers of the Court, terming them Wolves that live by the rapine of innocent and harmless Virgins; and the other Letter contained the like Phrases. And the Defendant Moody afterwards read and published both the said libellous Letters unto one Eliz. Farnaby; and for this, Moody and his Wife were both committed to the Fleet, he fined 200 l. and she 100 l. and Mr. Moody to come into this Court, and in humble and submissive manner, under his hand, acknowledge his great Offence in falsly scandalizing both the said Court and Judge.
The Defendant Meeke taking upon him to solicite Causes, and understanding of a Judgment entred of Record against the Plaintiff and one Vaughan, in the name of one Baker, about sixteen Years then past, upon a Bond of 200 l. wherein the Plaintiff bound as Surety for Vaughan, procured the Bond and Judgment to be assigned over to himself, but to the use of one Walter Meek, his Uncle, and thereupon caused a Writ of Scire Facias to be sued out upon the said Judgment, against the Plaintiff, and an Execution against his Body, both directed to the Sheriffs of London; and in Easter-Term, 22 Jac. procured the Plaintiff to be arrested on a feigned Action of 300 l. in London, at the Suit of one Lewes, but without his privity, warrant, or consent; and after he had been in custody about an hour and half, the Defendant Meek then caused him to be arrested upon the Execution, whereby he was compelled to pay 203 l. altho, as the Court conceived, the Debt was long before satisfied. And for this the Defendant William Meeke was committed, and fined 500 Marks. And for that it appeared that the Defendant being convented before the Plaintiff for a Misdemeanor, kept his Hat on his Head, and being drunk answered him very contemptuously, and after in several Alehouses termed him shitten Justice, and Justice Break-peace, the Court ordered him to be bound to the good Behaviour, and withal ordered that the Alehouse-keeper in whose House he was made drunk, being the Witness in this Cause, should be put down, and disabled for three Years to keep an Alehouse.
The Defendant did hunt and course with six or seven Greyhounds, which they and the Defendant Brune brought thither for that purpose, his Majesty's Deer in New Forest, and a Hind and a Brocket Suster, being then both out of Season, and carried them away, and Sir John Brune stood on a Hill near the Forest and disposed of the Deer, and for this they were all committed to the Fleet, Brune fined 100 l. and four others 50 l. apiece.
The Defendant at such time as his Majesty's Commissioners for Collection of the Loan-Money, were to meet and sit at Nottingham, scattered in the Highway as the Freeholders were to come to the Town, divers libellous, scandalous and seditious Letters, both against the King and State, directed to Freeholders and true-hearted Englishmen, with intent to dissuade all the Freeholders of the said County of Nottingham from yielding to subscribe to the said Loans, or to furnish the King with any Money but such as should be required in a parliamentary course, and therein disloyally slandered his Majesty and Privy-Council with Injustice, Oppression and Cruelty; affirmeth that his Majesty, by this Course of raising Money, did lay a Tax and Burden on the Country, heavier than they were able to bear; that this course was devised of purpose to subvert the Power of Parliaments, that so the poor Country might be oppress'd without any means of redress, and great Offenders, the Bloodsuckers of the Common-wealth, escape without questioning and punishment, and that this course at once destroys all the freedom of our Nation, and that if this course of raising Money without Law be yielded unto, they should never see more Parliaments, but they and their Posterity should be Slaves for ever; and thereby also laid a soul Aspersion and false Imputation upon all the Judges, falsly affirming that they withstood this course as against Law, and seditiously laid an Aspersion, and endeavoured to bring Envy and Reproach upon all such as either had or should yield and condescend to these Loans, falsly and maliciously charging them, that they did betray their own Liberties, either for base fear, or to curry favour with great Ones; and lastly, did most seditiously advise the Freeholders to unite themselves together, and if they meant to preserve their Rights and Estates to Posterity, they should resolutely with a common consent refuse to give Money any way but by Parliament, and that by yielding they would become the Instruments of their own Bondage without recovery; and the better to dissuade them, affirmed that divers Counties had so done, and that all the Commissioners in Lincolnshire, but two or three, had refused and denied to give any Money but by way of Parliament; and for this the Defendant was committed to the Fleet during the King's pleasure, and fined 3000 l.
Trinit. 3 Car.
The Defendant Newdike the elder, having for several great Sums of Money to him paid by the Plaintiff, made several Conveyances unto them of his Lands, and entred into several Statutes, with intent to make void all the said former Assurances, and to defeat the Plaintiff Titoe of his Purchase, and of his just and due Debt, and the other Plaintiff of a Lease which she purchased for 1200 l. caused a Deed of Feoffment to be made with an Antedate and Indorsement of Livery and Seizin to be antedated thereupon, and the Deed to be then enrolled in the Court of Exchequer, the better to give countenance to it, whereby he settled the said Lands, fold and leased to the Plaintiff as aforesaid, upon his Son and his Heirs, and published and set on foot this Deed (altho he had formerly undertaken to the Plaintiff that the said Lands were free from all Incumbrances) and for this Deceit he was committed to the Fleet, fined 500 l, and to pay 100 l. Damages to Titoe, and ordered the said fraudulent Deed to be damned, made void, and cancelled: and no use or benefit ever to be made of the enrolment of it.
And the Court doth withal declare, that if any Man do make Conveyances of his Lands, or acknowledge Statutes, or Recognizances, or suffer Judgments, whether the same be upon just and good Consideration, or without, and concealing the same, do afterwards, for valuable Considerations, convey the same Lands to other Persons, as tho the same were free from any manner of Incumbrance; such double and unjust dealing is a notorious Fraud and Deceit against the Law of the Realm, and fit for the Censure of this Court; and that albeit such former Conveyances and Incumbrances, if they be upon good Consideration, and bona side, cannot be avoided; yet this Court will upon complaint punish the Offenders and their Confederates by Imprisonment, Fine and Damages to the Party grieved, to the full of his Loss and Hindrances, and otherwise, as the cause shall require.
The Defendant. Marcii 4. 16 Jacobi, accompanied with three or four other riotous Persons, all armed, came unto a House, then in the quiet possession of the Plaintiff, or his Under-Tenant, and there riotously broke open the Doors, entred the House, and forcibly assaulted, expelled, and thrust out all such Persons as were then in the said House, and riotously kept the possession thereof; and for this he was committed to the Fleet, and fined 20 l.
Mich. 3 Car.
The Plaintiff being lawfully possessed of Land in Sommerby, in the County of Leicester, which he purchased from one Dausy, received one Year's profit thereof, and then sowed the Ground with Corn; and Dausy dying before the Corn was ripe, the Defendant Cave pretended Title both to the said Corn and Ground, and in Harvest-time, when the Plaintiff's Servants were cutting the Corn, sent the other Defendants several times to fetch the Corn away, and promised to bear them out if it cost him 500 l. and accordingly the said other Defendants went to the said Ground, and in a riotous and forcible manner took away one Cart-load of the said Corn in despite of the Plaintiff's Servants and Workmen, whom they then also violently assaulted, threw them down, and drew them about, and brake one of their Sythes, saying, they would have the Corn, and the Defendant Cave would bear them out; and for this they were committed to the Fleet; Cave, the procurer, fined 100 l. and fourteen others 20 l. apiece.
The Defendant William Watson, having cut down several Timber Trees which of right belonged to the Plaintiff, coming to the place, and claiming the same as his Goods, and requiring Watson not to meddle with them, he and the other Defendants thereupon (being armed) riotously assaulted and set upon the Plaintiff, and the three Watsons gave him three cruel and dangerous Wounds in his Thigh and Arm, and the Defendant Cooper struck him divers Blows on the Head, by reason of which Blows and Wounds the Plaintiff was twice speechless, and long languished in danger of his Life: and the Defendant William Watson, to procure a retainer of a Cause wherein he was Plaintiff, which was distinguished because he attended not to prosecute at the hearing, and to avoid a Fine of 20 l. imposed on him for not prosecuting thereof, made a false Affidavit in this Court, that he could not attend that hearing without danger of his Life, for that in September before he had been wounded in the Head and stabbed in the Thigh with a Pitchfork by the Plaintiff, and was not then perfectly recovered of the said hurts; all which was utterly false and untrue; and for these Offences the Defendants were all committed to the Fleet, William Watson fined 200 l. for the Riot, and 300 l. more for his Perjury; three others fined 200 Marks apiece, and three more 40 l. apiece for the said Riot.
The Defendant in the Market-place, and on a Market or Fair day, in the Town of Caerleon in the County of Monmouth, with others in their company, encompassed the Plaintiff, and then Edward Morgan in disgraceful quarrelling and provoking manner justled the Plaintiff twice or thrice, and Walter Jones called him Scurvy Rogue, and said he would pay him, and then struck him on the face, chuckt him under the Chin, and drew his Sword, swearing he would be revenged on the Plaintiff, and used what means he could to have struck him; and the Plaintiff, being then a Justice of the Peace of that County, commanded the Defendant John Morgan, being a High-Constable, to apprehend the said Jones; but he, contrary to his Duty, neglected it; and the said Jones being afterwards apprehended by other Constables, the three Morgans followed to rescue him from the Constables, which they did accordingly, and Edward Morgan did again divers times strike and kick the Plaintiff, and spit thrice in his Face, and attempted to strike up his Heels, and threw his Hat in the Kennel; and Jones being rescued, again assaulted the Plaintiff, struck him with his Fist, and tore his Ruff from his Neck; and for this insolent Riot and Rescue the Defendants were all committed to the Fleet; Edward Morgan and Walter Jones fined 200 l. apiece, John Morgan 100 l. and Rowland Morgan 40 l. and the said Defendants to pay the Plaintiff 100 l. for his damages.
The Plaintiff, having recovered by a tryal at Law the possession of a House and Garden in Chelsey was put in possession by the Sheriff, and to preserve Peace, a Pale, by the direction of the said Sheriff, was set up to divide that Garden from the Defendants ground, which Pale four of the Defendants at several times did riotously cut in sunder, throw down, and break in pieces; and for this they were committed to the Fleet, and fined 40 l. apiece, and the Lady Gorge, by whose encouragement the Court conceived it was done, was admonished by the Court to desist from the like courses afterwards.
The Defendant Webley having been an Apprentice to the Plaintiff Johnson (a Clothier) and being out of his time, did combine with the other Defendants to overthrow and undo the Plaintiff in his Trade and Credit, and to set up himself to exercise the said Trade in the Town where the Plaintiff Johnson lived; and to that purpose Webley and Weale, with others, assembled themselves at a Fulling Mill, where Johnson had four Broad Cloths in Fulling, worth seven or eight and thirty Pounds, and there riotously and forcibly broke open a Door, and thence took and carried away the said four Broad Cloths by colour of a Distress, or of a Justicies, at another Man's Suit, and converted the Cloths to their own proper Use; and about Twelve of the Clock, in the Night of the same Day, the Defendants repair'd to the other Plaintiff's House, upon pretence to make search for vagrant and suspitious Persons, one of the Defendants being a Bailiff, another Constable, and the third Tything-man of the Town: And being on that pretence gotten into the House, they unlawfully broke open three other Doors, and there finding divers other Goods of the Plaintiff Johnson's, to the value of about 160 l. they by colour of the said Writ of Justicies took and carried away the said Goods, and converted them to their own Use to the utter undoing of the said Johnson. And for these Offences the Defendants being not able to make it appear that they had any lawful Writ of Justicies to seize the Goods of the Plaintiff, they were committed to the Fleet, Webley and Weale, for their riotous taking of the Cloths from the Mill, fined 100 Marks apiece, and they and the other Defendant, for the last Offence, 100 l. apiece more; and Webley and Weale to pay 50 l. damage for the first Cloths, and they and the other Defendant 200 l. damage for the last Goods; and Webley disabled to bear any Office hereafter.
The Defendants King, Blundevile, & al. bearing malice to the Plaintiff and his Wife, and pretending Title to the House wherein the Plaintiff's Wife, Child, and Servants then were, did, with the other Defendants and others, about Twelve of the Clock at Night, riotously break open the Doors of the said House, and being armed with Swords, went into the Plaintiff', Wife's Chamber, where she and her Child were in Bed and asleep, and there in barbarous and uncivil manner forced the Plaintiff's Wife to rise out of her Bed in the presence of them all, and would not suffer her to have any Fire to make her or her Child ready by, but kick'd it about the House, and kick'd and punch'd the Plaintiff's Wife, and thrust her out of the House, so as she was enforced at that time of the Night to go a Mile or two on foot to another House. And for this the Defendants were committed to the Fleet, King and Blundevile fined 500 l. Dixon, King's Man, 100 l. and King to pay it, if he be not able; and Legate, a Constable, 200 l. and to pay the Plaintiff for his Wife's wrong 100 Marks damages.
The Defendants bearing malice to the Plaintiff, Susan Boyes, and to one Grace Tubby, plotted how to disgrace them, and to effect it Carsey and Pulkham caused them to be convented before the other Defendants, Sir Tho. Jenkinson and Sir John Rowse Knights, two Justices of Peace in Comitat. Suffolk, and there falsly accused them to be Persons of ill life and quality, and that the Plaintiff Susan, looking Mr. Guthery a Preacher in the Face in Sermon-time, jeered and made mouths at him, and that the said Grace also had carry'd her self uncivilly and insolently towards the said Mr. Guthery, when he was in the Pulpit preaching, and procured some of the Neighbours to come before the Justices, and to in. form them of their said supposed ill carriage, and that they were of ill Life and Conversation: And upon this bare Information without Oath, the said Justice (notwithstanding the said Susan and Grace upon their Examination deny'd it) made their Warrant, and sent them to the House of Correction to be there whipt, by reason of which whipping they sell dangerously sick, and one of them was in danger of death: And complaint being made to the Justices at the Bench, at the next Quarter-Sessions, and Witnesses being there offer'd to testify the danger they were in by reason of their whipping, Sir Tho. Jenkinson, to hinder the Examination, falsly and maliciously informed the Justices, that the said Susan and Grace continued in their bold Courses, and after their whipping drank a Health to him and Sir John Rouse, and caused the Bell to be tolled in derision of Justice; and by this means got the Justice not only to forbear to examine the Witnesses, but to make an Order to commit them again to the House of Correction. And for the first of these Offences they were committed, and fined 200 Marks apiece, and, to pay 50 l. apiece damage to Susan and Grace; and Sir Tho. Jenkinson, for misleading the Justice, 20 l. Fine more, and the Decree to be read at the Assizes.
The Defendants in October 3. did hunt, chase, and kill one Fawn in his Majesty's Park, called Eltham Park, in Com. Kant. and for that were committed to the Fleet, not to be thence enlarged until they find Sureties never to offend in the like kind hereafter in any of his Majesty's Forests, Chaces, or Parks whatsoever, and fined 50 l. apiece.
The Defendants riotously assaulted and set upon the Plaintiff's two Brothers, and with a long Staff struck them and broke their Heads; and for this were all committed to the Fleet, and fined forty Pounds apiece.
The Plaintiff being a Master of the Chancery, a Matter there in controversy between the Defendant and one Mr. Gotts was referred unto him by the Lord Keeper; the Plaintiff made his Report, and that Report was decreed, and the Defendant being served with a Writ de executione decreti, and the Money decreed to Mr. Gotts demanded of him; the Defendant being discontented thereat, said he would not pay the Money, but prevent it if he could, for that he knew the old course, that the Plaintiff and the said Mr. Gotts were Sharers therein, thereby falsly and maliciously slandering and charging the Plaintiff with Corruption, and agreeing to take part of the Money decreed for making his Report: And to the further Scandal of the Plaintiff, he preferred a Petition to the Lord Keeper, whereby he falsly charged the Plaintiff with divers Wrongs and Injustice done unto him in the making of the said Report. And for this Scandal the Defendant was committed to the Fleet, fined 1000 Marks, to acknowledge his Offence, and make his Submission in the Court of Chancery, and pay the Plaintiff 500 l. damages.
The Defendant Ridley in the night time, without Licence or Banes asking, and without the consent or privity of the Plaintiff or his Lady, or of the Defendant, Sir Sigismond Zinzan, al. Alexander, did marry the Plaintiff's eldest Son and Heir, being not above sixteen years and eight months, unto Margaret the Daughter of the Defendant. Sir Sigismond, and the Defendant Barton was present, and gave the said Margaret in Marriage to Mr. Shelly; and Alice the Wife of the said Ridley was present, and a Witness to the Marriage. And for this they were committed to the Fleet, Ridley the Parson fined 500 l. and left to the High-Commission Court for further Punishment, his Wife fined 10 l. and Barton that gave her, 100 l. and the validity of the Marriage was wholly left to the Ecclesiastical Court: And for that it appear'd that Godfrey and his Wife, two other of the Defendants, who kept an Alehouse, suffer'd some to spend the greatest part of Service-time, on a Sunday, in drinking in their House, the Court order'd them to be put down, and disabled them ever to keep an Inn or Ale-house after.
Hil. 3 Car.
The Defendants Flight and Bateman, in May 17 Jacobi, became bound to the Plaintiff in a Bond of 60 l. to pay him 31 l. 10 s. in Feb. following; and the Bond having been long forfeited, the Plaintiff finding himself abused and deluded with several Promises made and broken, sued the said Defendants, and in Michaelmas Term 20 Jacobi, Flight appear'd by his Attorney, and the Term following suffer'd a Judgment by Non sum informatus, and was soon after taken in Execution for that Debt, and carried to the Goal; and whilst he there lay, he sent several Messengers to the Plaintiff to compound the Debt, and sent to know what the Principal, Interest, and Charges came to, and he would pay it; yet afterwards sent the Plaintiff word, that if he would take 30 l. for the whole Debt, Interest and Charges, he should have it; but if he would not, he had learn'd a Trick, and had Witnesses to prove that the Money was paid: And this Composition being refused, Flight sued a Writ out of the Court of Common Pleas against the Plaintiff, return'd in Michaelmas Term 22 Jacobi, when the now Plaintiff appear'd, and Flight declared, that in consideration of 31 l. 10 s. paid to the Plaintiff the ninth of February, 1619. (being the day whereon the Money should by the Condition of the Bond have been paid to the Plaintiff) the Plaintiff promised to deliver him the said Bond within a Fortnight after, which he did not perform, to the damage of the said Flight 200 l. To which Declaration the now Plaintiff pleaded that the said Money was not paid, and deny'd the Promise; and Issue being join'd, the same came to a Tryal, and at the Tryal the Defendants Salmon and Fox being sworn to testify for the Defendant Flight, did falsly and wilfully perjure themselves, and depose that the Money was paid at the day, and that the now Plaintiff did promise to deliver the Bond within a Fortnight after; and thereupon the Jury gave a Verdict against the now Plaintiff, and Flight had Judgment thereupon against him for 92 l. damages, besides Costs. And for this wilful Perjury the Defendants Salmon and Fox were fined 100 l. apiece, committed to the Fleet fix Months without Bail or Mainprize, set in the Pillory with their Ears nail'd thereto, and disabled ever to be Witnesses in any Court of Record, and the Plaintiff freed of the Judgment, and of all Damages and Costs gotten against him by the Defendants, Perjury and Vacat to be thereof made, and a perpetual cessat executio upon the Record to be made to that end: and the Plaintiff likewise left to take the benefit of his Judgment upon the said Bond. But the Court would not sentence the other Defendant for Subornation, altho the Oath was for their benefit, and that they were procured by Flight; yet the Court ordered them to be liable to pay Costs, and so left them with non liquet.
The Defendant Francis Fuliambe, being served with an Injunction of the Court pro Dutchiae, to suffer the Plaintiff Parker, as Farmer to his Majesty, to have and receive thence-forward the Lot and Cop within and throughout the Cop of Elton in Com. Darby, did, after the Service thereof, together with the other Defendants and others, to the number of thirty at the least, go into the said Elton Fields, where the Miners were at work getting of Lead-Ore, and where the Plaintiff Toffte being Bar-Master, was over-seeing their Work, and attending to receive the Lot and Cop for the King, or the Plaintiff Parker his Farmer; and there went into the Miners Groves, pull'd their Stoes in pieces, took away many of their working Tools, and threatned them if they would not come out of their Groves, he would pull in their Groves upon their Heads: By reason of which threats the poor Miners, who had nothing but their Labour to live on, were affrighted and amazed, and forced to for sake their Work, to the great damage both of them and the Plaintiff. And for this riotious doing the Defendants were all committed to the Fleet, Fuliambe fined 100 l. and four others 20 l. apeice, and Fuliambe to pay it for them if they be not able.
The Defendant Grundy having obtained several Judgments against the Plaintiff upon Bonds; the Plaintiff offer'd him his Money, and the Defendant refusing it, the Plaintiff got an Order that he should accept it, and that Execution should be staid: nevertheless the Defendant Grundy bearing malice to the Plaintiff, combined with the other Defendant to disgrace him by a publick Arrest for the said Debt, in the Town of Carnarvan, at such time as the Plaintiff being High Sheriff of the Shire, should with all his Attendants and Friends be riding out of the said Town to fetch in the Justice of Assize or great Session; which they effected accordingly in the Market-place of the said Town, infomuch that many of the Plaintiff's Servants and Followers drew their Swords, and much Blood might have been spilt, had not the Plaintiff by his discreet and temperate carriage pacified them. And for this riotous and disgraceful arresting the Plaintiff, when they might have arrested him at any other time, and when the Plaintiff had as much Money offer'd him before as demanded and took after the Arrest, the Defendants were committed to the Fleet, Grundy and one other fined 500 l. apiece, Davies and Philips, the two Sheriffs of the Town, 200 l. apiece, and Tavernor, who was Grundy's Servant, 40 l. but Grundy to pay it if he be not able; and the Defendants to pay the Plaintiff 200 l. damages, and publickly acknowledg their Offences, both at Carmarthen and at the great Sessions for the said County of Carmarthen, at both which times and places this Decree is likewise to be publickly read.