Star Chamber Reports: 11 Charles I

Pages 73-74

Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.

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Trin. 11 Car.

Attornat. Regis per Rel. Jacobson ver. Camry & al; Riotous destroying Inclosures in a Forest; 2000 l. damage. Contemptuous usage of a Messenger.

His Majesty being seized, in right of his Crown, of the Forest of Braydon, and of the Woods and Lands called the Dutchy Woods, and Dutchy Marsh Lands thereto adjoyning, and intending to improve the same by inclosing it for increase of his Revenue, and the good of his Subjects, did in November 3. for 21000 l. demise the said Dutchy Woods, Dutchy Marsh and the Demesne Lands, and the Woods, Underwoods, and Trees thereupon, to Mr. Jacobson and others for forty Years, at the yearly Rent of 2 s. 3 d. the Acre, but their yearly Payment was not to begin until it were inclosed and settled at his Majesty's Cost: the Lessees enter'd and endeavour'd to inclose and improve the same, and some of the Defendants disturbing their Possession upon pretence of having right of Common of Pasture within the said Forest and Premises, an Information was exhibited in the Court of Exchequer, and in Michaelmas 4. a Decree thereupon declaring that his Majesty and his Heirs and Successors, and their Tenants and Farmers, should enjoy the Inheritance and Possession thereof discharged of Common, according to a former Order made in Michaelmas Term 3. except Cause were shew'd to the contrary the first Week of the Term following: and Hilary 4. the Decree was established, and another Information exhibited in the Court of Exchequer for new Disturbances, and thereupon another Decree that the Farmers might inclose, and that the Pretenders to Common should enjoy such proportions as were set out unto them by his Majesty's Commission of Grace, and all their Pretences were silenced by large and ample Satisfaction. Yet the Defendants, in contempt of all Authority, combined together and resolved to pull down and destroy all the present and antient Inclosures there, and to demolish the Houses, and to burn up the Hedges and Hedge-Rows, that the Farmers should never be able to improve or inclose it. Which the Defendants, with great numbers in their company, sometimes a thousand, sometimes more, and sometimes less, effected in very riotous and rebellious manner, in disguised Habits, both by Day and Night, and contemned the Sheriff when he came to proclaim Peace and suppress the Riots, and shot off a Gun at the Under-Sheriff and a Messenger of his Majesty's Chamber: and some of the Defendants encouraged the said Riots by sending them Money and Provision, and some went about to collect Money and Victuals to maintain them. And for this they were all committed to the Fleet, three of the Ring-leaders fined 500 l. apiece, bound to the good Behaviour, and be set in the Pillory at the Assizes in Womens Clothes as they were disguised in the Riots, with Papers on their Heads declaring their Offences, and be then there well whipped; three others fined 300 l. apiece, and bound to their good Behaviour; twenty eight others fined 200 l. apiece, and bound to their good Behaviour; and all of them to pay the Relator 2000 l. damages. And John Parker the elder, for threatning a Messenger that came to apprehend some of the Rioters, saying, he would question him, and grapple with him for it, and for using other contemptuous Speeches, to the discouragement of the Messenger in the execution of his Majesty's Service, was committed, fined 500 l. and bound to his good Behaviour.

Mich. 11 Car.

Bond Esq; versus Goddard & al; Killing his Majesty's Deer.

GOddard the elder being a Copy-holder of Lands in Eylden within the Mannor of Ogburne, near adjoyning to his Majesty's Chace called Albourne Chace, being a place which in Winter time was a special and usual succour for preserving the breed of young Deer belonging to the Chace, and where the Keepers do usually lodge and go in and out, and with their Leash-hounds have, without interruption, from time to time used to drive and rechase his Majesty's Deer; Goddard the younger under colour of going to kill Conies in the said Eylden Grounds, did, with his Father's Privity and Command, assemble to himself the Defendant Cope, and another, and in the night go towards the said Grounds, and in their way, in another Man's Coppice about half a Mile from the Chace, with Dogs kill one of the Chace Deer, and carried it to Goddard the elder's House, where it was eaten; and at another time they killed another of the Deer of the Chace in the said Goddard the elder's Ground, and carried it home to his House, and disposed of part of it: And after they had a Rascal Deer, and part of it being eaten in Goddard's House boiled, Goddard's Wife, to keep it from being discover'd, told her Servants it was Mutton. And for this they were all committed to the Fleet; the two Goddards fined 500 l. apiece, Goddard's Wife 50 l. and Cox 300 l. and the two Goddards and Cox to make their acknowledgment and submission at the Assizes, and there be bound to their good Behaviour.

Provided that nothing in this Decree shall prejudice the Provost and Scholars of Kings-College in Cambridge, in any antient Right or Privilege that they have in any their Possessions in those parts.