s Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924069587255 CORNELL UNIVERSITY LIBRARY 3 1924 069 587 255 lies laeportes Del Cases in Camera ^tellata 1593 TO 1609 PRINTED BY SPOTTisivoonn and CO., SEW-SITIMIDT SQUAKB LONUON o = M s- < - in Camera ^tellata 1593 TO 1609 FROM THE ORIGINAL MS. OF JOHN HAWAEDE OF THE INNER TEMPLE, ESQDIEE, BABKISTBK - AT - LAW EDITED BY WILLIAM PALEY BAILDON, F.S.A. or LINCOLN'S INN, ESQUIEB, BAEBISTEB - AT - LAW 1894 250 Copies privately printed for Alfbeb Morrison, Esqmre INTEODUCTION I. The Manuscript The manuscript from which this volume has been printed is one of the well-known collection of Alfred Morrison, Esq., of Fonthill House, Tisbury, Wiltshire, and 16 Carlton House Terrace, London.' It is a folio volume of 364 pages , llf by 7 1 inches, and, with the exception of being slightly injured at the top by damp, is in very good condition. This damage is mostly confined to the first few leaves, and is chiefly to be regretted because the author's signature has all disappeared except the lower part of the flourish. On one fly leaf is written " 10s. Od.," which probably repre- sents the price which the writer paid for his blank book, and below, in a very minute hand, is the following : Scipionis Epitaphium. Deuicto Hanibale, capta Carthagine atque aucto Imperio, hos Cineres marmore tectus habes, Cui non Europa, non obstitit Africa, quondam ; Respice res hominum quam brevis vrna premit. At p. 146 are fifteen blank leaves : these, as explained in the text, were evidently left with the intention of writing thereon certain proclamations, speeches, etc., which are ' An account of Mr. Morrison's MSS. will be found in the 9th Eeport of the Historical MSS. Commission, p. xvii ; and Appendix II. p. 406. vi JntrolJuctioii referred to in the writer's account of the death of Queen Elizabeth and the accession of King James I. This inten- tion was, however, not carried out. There are also two blank pages at pp. 203, 204, and one at p. 300, as to which see n. 3, p. 328 of this volume. The MS. is written partly in English and partly in a curious mixture of Law French, Latin, and English, of which a few specimens are printed. The former portions are printed verbatim, and are marked by inverted commas. The portions not in English have been translated, but it has not been deemed advisable to make a free translation into modern English. This would have been in many parts very difficult, and in some parts well-nigh impossible, and, moreover, the advantage of so doing seems very doubtful ; the original therefore has been followed as closely as possible. The difficulty of translating (and this applies also to the transcribing of the English portions) is much increased by the want of punctuation in the MS. There are a few commas and colons here and there, and an occasional period and dash, but practically the MS. is almost unpunctuated. Most of the abbreviations could be represented by ordinary type ; the few that could not have been extended : these are g for ' pro,' p for ' pre ' or ' pri,' p for ' per ' or • par,' 6 for ' om ' or ' on,' and a few others. It is curious to note the writer's almost invariable use of a capital C at the beginning of words. The name on the fly leaf, as has already been stated, has been destroyed by damp, but fortunately on p. 72 of the MS. (p. Ill of this volume) the writer had occasion to mention his own name. He himself, it seems, had become an object of suspicion to the Privy Council, and was sum- moned to appear before that body at Greenwich. He says, ' Jeo, John Hawarde del Inner temple, va al Courte al Greeneiviche oue vn messenger del Chamber del roigne, nosme JntroJjurtion vU Mr. George Cobhavi, mise pur moy par le commaundemente del roigne et son counselle.' I have referred to the volume of Acts and Ordinances preserved at the Privy Council Office in "Whitehall, but the record there does not throw any additional light on the proceedings. The entry is as follows : 17th of May, ^^^^ presout dale John Hayward of the Inner ^'"'" Temple, gent., beinge by their LP [Lordships'] Warrant sent for, entered his apparaunce, and was hereby enioyned in theire LI' names to giue his attendaunce vpon their L? in theire syttinges to answere that w* might be abutted against him. Saturday, 17 May, 1600. In the Afternoon. Present : L. Keeper M'' Secretary Cecill L. Treaso"' L. Cheefe Justyce L. Admirall L. Northe. But for this fortunate circumstance, there would have been nothing to show by whom the MS. was written. A word must be said about the numerous references in the MS. to cases and authorities. Hawarde, as he himself tells us (p. 357), wrote up his volume from rough notes taken in Court, but, with some exceptions, he does not appear to have verified his references at all. This is the more unfortunate because many of them must have been taken from MS. authorities which cannot now be identified. The printed volumes in his time were few ; the Year Books and a few volumes of Eeports and Commentaries were all. In the majority of cases, therefore, there is no means of checking him, but in Calvin's case (p. 349) we are able to test his accuracy. This case was reported at con- siderable length by Coke (Reports, vii. fol. 1), and Lord Ellesmere's judgment was printed as a pamphlet.' Judged ' See post, p. 349, n. 1. viii JntroUtiftiOtt by these two authorities, Hawarde must be pronounced inaccurate and careless, though of course this in no way detracts from the general correctness of these reports. I have looked in the most obvious places in order to verify his references, but in many eases I have failed to do so and can only assume that there is some mistake. In these instances (and they are many) I have been reluc- tantly obliged to give up the search, after much wasted time, and I can only console myself with the remark made by Coke (p. 296), ubi non possum discernere, non teneor divinare. It is only fair to Hawarde to mention that the earlier part of the book shows signs of careful editing. Eeferences are corrected and added, headings are put to the cases, and copious marginal notes. Hawarde succeeded to the family property on his father's death in March 1611, and it is quite likely that this may have occasioned a dis- continuance of his legal labours. The only liberties I have taken with the text have been to add the titles of cases in the margin, and a few marginal notes, where omitted by Hawarde. Calvin's case has been abridged for the reasons stated on p. 349. The names of the Privy Councillors and Judges sitting each day have in most cases been omitted in order to save space ; they will be found in a Table at the end of this Introduction, and the names of those in attendance on any particular day can easily be picked out. The volume includes a few cases at Sessions (mostly those in which Hawarde was himself concerned as Counsel) , in the King's Bench, in Chancery, in the Court of Wards, one (Calvin's case) in the Exchequer Chamber, and the trial of the Gunpowder Plot traitors before a Special Com- mission. But as by far the greater part of the book is concerned with the Star Chamber, it has been thought best to preserve Hawarde's own title to his MS. Jntrotruction ix In addition to reports of cases, Hawarde gives an inter- esting account of Queen Elizabeth's death, and the accession of James I. He also gives at considerable length the Lord Chancellor's annual charges to the Judges of Assize and Justices of the Peace ; these are referred to in Part III. of this Introduction. II. The Author We have seen that the writer of the MS. was one John Hawarde of the Inner Temple. Thanks to the clue afforded by this piece of information, I have been enabled to gather the following particulars about him and his family. John Hawarde ' or Hayward was the third, but eldest surviving son of Henry Hawarde, Citizen and Fishmonger of London, by his wife Agnes, daughter and heir of Thomas Castell or Castle of London, merchant. John entered his pedigree at the Visitation of Surrey in 1623,^ from which we learn that Henry Hawarde, his father, was the son of Thomas, who was the son of Eichard, who was the son of Michael Hawarde of Hayward Castle in Wales. In Add. MS. 12478, fo. 52, this place is called ' Eamond Castle in Wallia.' Mr. W. S. Ellis, in an article in The Herald and Genea- logist (vi. 372), makes some very severe remarks upon the ' unreliableness ' of certain pedigrees in the Heralds' Visita- tions, and he selects the pedigree of Hawarde from the Visitation of 1623 as an illustration ; asserting that, as tested by deeds, it is manifestly wrong in the earlier genera- tions. Speaking of John Hawarde, who entered the pedi- gree in question, he asserts that the errors in the pedigree arise ' from information evidently furnished by the head of the family then living.' ' This person ' (he goes on) ' does not ' The name is spelt in various the Visitation pedigree the name is ways, but John and his son, Sir spelt Hayward. VS^illiam, always use the spelling ' Harleian MSS., 1433, fo. 102 ; Hawarde in their signatures. In 1561, fo. 162 ; etc. X JntroUurti'on seem to have known the name of his own grandfather.' Mr. Ellis refuses to accept the alleged Welsh origin of the family, and therein he may possibly be right. ' Hayward Castle ' has a suspicious sound about it, and we know that the heralds of the period cannot always be relied upon. Mr. Ellis then states that in his opinion the Hawardes of Tandridge, and the other families of the name in the neighbourhood, were probably all descended from one Eiehard Hayward (who died Dec. 9, 1529) and Anne his wife, whose brass is (or was) existing in Westerham church.' The brass is not perfect, as the effigies of the wife and four sons are missing, those of Eiehard himself and six daughters yet remain. This is all likely enough, and the date of death would fit in very well for John Hawarde's great-grandfather, whose name is given in the Visitation pedigree as Eiehard. Mr. Ellis then quotes from Manning and Bray's History of Surrey (ii. 887) , to the effect that the manor of Oxted alias Bursted was conveyed by Eiehard Hayward to his son Henry, Sept. 2, 32 Elizabeth, 1590. This is the only evidence that Mr. Ellis produces to sup- port the statement that John Hawarde did not know his grandfather's name. Turning to Manning and Bray (foe. cit.), I find that the authority there given is ' Donation MS. Brit. Mus. 4705.' This turns out to be Additional MS. 4705, and the extraordinary mode of referring to it seems to be due to the fact that on the back of the volume is recorded ' Ex Dono S. LethieuUier, Arm.' The volume is an Index to the licenses to alienate lands held in capite. Un- fortunately for the critic it is not stated in that MS., nor in the original license in the Eecord Office,^ that Henry Hawarde was Eichard's son. It is clear that Mr. Ellis could not find the ' Donation MS.,' and relied too implicitly on Manning and Bray. But what becomes of all his ' Thorpe, Registrum Eoffense, ' Exchequer of Account, Aliena- 1029. tion Office, vol. 4, fol. 375 ; see post Jntrolruction xi sarcasm ? There is not the shghtest reason to doubt the accuracy of the pedigree on this point. To resume, Hbney Hawaedb, John's father, apparently began to purchase property in Tandridge and the neigh- bourhood about 1560. In Michaelmas Term of that year he was plaintiff in a Fine in which Eichard Bostock and Catherine his wife were deforciants, concerning two messuages and lands in Tandridge.' His name is found frequently in the Feet of Fines after this, generally as plaintiff, relating to property in Tand- ridge, Tatsfield, Farleigh, Croydon, Oxted, and elsewhere. In 1572, he acquired from John Eede and Bartholomew Eede, esquires, the manor of Gaston, alias Gasson, alias Garston, and lands in Blechingley, Godstone, Warlingham, Chelsham, Caterham, Saunderstead, Waldingliam and Tandridge.^ In 1577, another Fine was levied relating to the same property in which John Eede and Elizabeth his wife were the deforciants.^ This John Eede was the son of another John Eede who had been the principal grantee of the land belonging to Tand- ridge Priory at the dissolution of the Monasteries.'' John Eede the son in 1576 conveyed by Fine to Eichard Bostock,' gentleman, the Manor of Tanrygge alias Tanrydge alias Northall alias le Pryorye, the Manor of Oxsted alias Ber- stead alias Bursted in Oxsted, the site of the late Monas- tery of Tanrydge, and 20 messuages, and lands, and £S rent in Tandridge and elsewhere, also the Eectories of Tandridge and Crowherst, with their great and small tithes, and half the Eectory of Wolcomsted alias God- ' Feet of Fines, Surrey, Mich. 2 12 ; Patent EoU. & 3 Bliz. * Brayley, Hist, of Surrey, iv. '' Feet of Fines, Surrey, Mich. 14 pass. See TJie History of Tandridge & 15 Eliz. License to alienate dated Priory, by Major Alfred Heales, Sep. 13 ; Patent Roll, 14 Eliz., part 2. F.S.A., F.R.S.L. " Feet of Fines, Surrey, Hil. 19 ' See post, f- '^58. Eliz. License to alienate dated Sep. xii Jutrotiuftion stone, with its great and small tithes, and the advowson of the Vicarage.' A considerable part of this property was subsequently purchased by the Hawardes. The Manor of Burstead in 1577 was sold by Bostock to one Edward Johnson,^ who, in 1582, conveyed it by Fine to Eichard Hawarde of Oxted,' together with the tithes of Tandridge, and five messuages and lands and 26s. 8d. rent in Tand- ridge and Oxted. Brayley, following Manning and Bray, says that this Eichard Hawarde was Henry's father ; '' I have already examined the accuracy of this statement. I believe that this Eichard was Henry's brother. But how- ever this may be, in 1590 Eichard conveyed the property to Henry ; it had possibly been conveyed to Eichard as Henry's trustee. In 1587 Eichard Hawarde had a license to alienate to Henry Hawarde and his heirs certain lands called Abbeys and other land in the parish of Tandridge. Dated Sept. 2, 29 Eliz.5 In the same year a pardon was granted to Henry ' Heywarde,' Citizen and Fishmonger of London, for acquiring to himself and his heirs from John Eede or Eeade, esquire, by an Indenture dated Feb. 18, 23 Eliz., 1580-1, two messuages, etc., in Oxted and Tandridge, with- out license. Dated Nov. 13, 29 EHz.« In 1590 a license was granted to Eichard Hawarde to alienate the Manor of Biersted alias Bursted in Oxsted and lands in Oxsted to Henry ' Haywarde,' Citizen and Fish- monger of London, and his heirs, 2 Sept. 32 Eliz.^ A Fine was levied of the same Manor together with a messuage, lands, and 40s. rent in Oxted and Tandridge, in ' Feet of Fines, Surrey, Mich. 18 Eliz. License to alienate dated & 19 Eliz. License to alienate May 2, 24 Eliz. •■ iv. 172. dated Oct. 1, 18 Eliz. * Exchequer of Account, Aliena- 2 Brayley, iv. 172. See post, tion Office, vol. i, fol. 180. p. xxxiii. " Ibid. ' Feet of Fines, Surrey, Trin. 24 ' Ihid., fol. 375. JtttroUuition xUi 1599, in which Fine Henry was plaintiff and Kichard deforciant.' The Tandridge Hall property waa part of that conveyed to Richard Hawarde by Edward Johnson in 1582, and when it was acquired by Henry does not appear. Brayley '^ simply states that it was sold to one of the family of Hawarde. All I can say with certainty is that it was after 1582, in which year, as we have seen, it was sold by Johnson to Eichard Hawarde, and before 1598, which is the date on the panel- ling still existing at the Hall. It was most probably in- cluded in the license to alienate of Sept. 2, 1587, set out above. This date is strongly confirmed by the pleadings in a Chancery suit in that year, relating to a messuage having the sign of the Galley, in Thames St.^ In his answer, Henry states that shortly before he had ' diuerse greate somes of monye then to paye ; ' this payment had no doubt something to do with the purchase of Tandridge Hall. Again on March 23, 1587-8, he borrowed £640 from George Gardiner of Lincoln's Inn, gent., on the security of a farm called ' Skidhill ' in the parishes of Cudham, Kent, and Chelsham, Surrey, a farm called ' Logiers ' and another called ' Merchauntes ' in Chelsham ; the money was further secured by a bond for 1000 marks.'' In August following he sold to Joan, widow of Edward Palmer of Chelsham, yeoman, a farm called ' Jennehs ' or ' Washmerstreate ' at Cudham, for £105.' The purchase money was paid to Catherine Bassock, of London, widow (who afterwards became Henry's third wife), and the sale is said to have been 'at the speciall instaunce and requeste of Will'm Bowlle, yeoman ussher to our saide soueraigne ladye the ' Feet of Fines, Surrey, Mich. 41 Johnson before the purchase by Sir & 42 Bliz. William's [grand-] father. ^ iv.l82. Its identity appears clear ' See Appendix XXIV., where the from the particulars of Sir William pleadings are printed at some length. Hawarde's estate, post, p. xxxiii, ' Close Roll, 30 Eliz., parts 15 and where mention is made of a charge 25. of 23i. a year granted by Edward ^ Ibid., part 17. xiv Introtiuftioit Quene's Maiestie, and John Philip th'elder of Cuddam in the Countie of Kent yeoman.' In 1589, Dec. 1, he gave a bond to Michael Gardiner of Grindford magna, clerk, for 500 marks, as security for the performance of the covenants of a deed dated Nov. 22 in the same year.' This was pro- bably another mortgage. The Pine levied on this occasion shows that Henry's second wife, Agnes, died before 1590. In Hilary Term of that year a Pine was levied between William Seyliard, esquire, plaintiff, and Henry Haywarde and Catherine his wife, George Gardiner, gentleman, and Michael Gardiner, clerk, and Margaret his wife, deforciants, of a messuage and lands in Cudham, co. Kent, and of land in Chelsham, co. Surrey.^ The name of Henry Hawarde occurs in several Fines after this date and before 1611 (the year of his death), but some of these documents (and perhaps all of them) may refer to Henry the son. In 1592, Henry obtained a grant of arms ; Sable, two bars argent, in chief a talbot passant of the first : crest, a talbot's head couped, argent, collared sable, ringed argent, In the Visitation pedigree,' this coat is quartered with Argent, three castles gules, the arms of Agnes Castell, Henry's second wife. It is there stated that ' The first coate & creste [were] given by William Dethick, Garter, to Hen. Hayward of Tandridge, in Com. Surrey, 10 Aprill, 34 Q. Elizabeth, 1592.' It may be noted that in her will Catherine, Henry's widow, speaks of her cousin George Dethick, so she may have been related to Garter. Henry had three wives. The first, Elizabeth, is men- tioned in a Pine in 1563 relating to her property in Bermondsey.'' This marriage is not recorded in the Visi- tation pedigree ; it may be presumed that she had no issue. The second wife was Agnes, daughter and heir of Thomas ' Close EoU, 32 Eliz., part 35. ' hoc. cit. ' Feet ol Finos, Divers Counties, ' Feet of Fines, Surrey, East. 5 Hil. 32 Eliz. Eliz. Jntrotrurtiou xv Castell of London, merchant. She was the mother of a numerous family. The two eldest sons, Richard and Henry, died in their father's Hfetime without issue;' John, the third son, was thus heir to his father. He was the writer of the MS. printed in this volume. There were five other sons, Rowland, a Bachelor of Divinity ; William ; Thomas (described in the pedigree as of Aberffeld, probably Arborfield, co. Berks), married and had issue a daughter married to William Thorold of Lincolnshire; Edmond, married in L'eland and had issue several sons ; Michael, died without issue.^ Thomas, Edmond and Michael are mentioned in their father's will in 1610,' the others were probably dead. There were also two daughters, Agnes or Anne, married 1. John Gardiner of Jenningsbury, co. Hertford, and 2. Francis Bowyer ; Joan, married one Bacon and had a daughter Elizabeth. Henry's third wife was Catherine Bassock, widow ; she was married to him before 1590, and survived him. As will be seen from her will (post), she was the mother of John Hawarde's first wife Agnes Wilkinson, and must therefore have been the widow of William Wilkinson. She also mentions her only son, Robert Bassock. She made her will on April 6, 1614, being then of Stepney ; she desired to be buried in the choir of S. Mary at Hill, Billingsgate, near her parents and kindred ; she appointed her ' loving and only sonne ' Robert Bassocke her executor, and be- queathed to him £100 due to her by her son-in-law, John Hawarde, of the Inner Temple, esquire, by agreement with Henry Hawarde, her late husband, ' out of the goodes which fell vnto his parte in my Righte vppon the decease of my vncle Younge ' ; ' I do allso earnestlie desire my sayed sonne in Lawe to be kynde and carefull of his children ' Heralds' College MS., Bene- Nov. 16, 1577 ; he is deacribed as factors, ii. 74. late of Clifford's Inn. '' Inquisition^osimortewj. Richard ' See post. was entered at the Inner Temple, xvi JItttrtiUuction which god hath sent hym by my daughter Agnes Wilken- aon, theire deceased mother ; ' she bequeathed 20s. to her brother-in-law Thomas Jones of Ratcliffe, 20s. to her cousin George Dethicke, 20s. to Elizabeth wife of William Bostocke, 40s. to Anne Elliott her maid. By a nuncupa- tive codicil, without date, she bequeathed ' To her daughter Agnes Hayward, her three children, to eache of them a peece of gould of twentie twoe shillinges ; To her daughter Catherine certeyne of her childebed lynnen, which she did call for to be brought vnto her, and caused yt to be tyed vp in a Bundell by yt self for her.' Proved June 8, 1614.' Henry Hawarde died at Tandridge, March 24th, 1610, seised of considerable property in and around Tandridge. The Inquisition taken after his death is unfortunately in bad condition, the right margin being quite illegible. It is dated at Lambeth, July 30th, 1612. From it we learn that he was seised of the capital messuage known as Tand- ridge Hall, of other property in Tandridge, of the manors of Gasson alias Garston, Oxsted alias Birsted alias Bursted in Oxsted, of the manor or capital messuage and farm of Westhall [in Oxted], and of 11 messuages, 200 acres of land, 40 acres of meadow, and 200 acres of furze and heath, in the towns and parishes of Blechingley, Godstone. . . . Warlingham, Catterham, Chelsham, Farley, Titsey and Sanderstead, in the county of Surrey. In 1572, he settled certain property on himself and Agnes his then wife for their lives, with remainder to Richard, his eldest son, in tail male, remainder to Henry, his second son, in tail male, remainder to John his third son in tail male, remainder to John's right heirs. The two eldest sons, Richard and Henry, died in their father's Kfetime without issue. In 1594, Henry Hawarde, the father, settled the manor of Garstone on himself and Katharine, his then wife, for their lives, with remainder to his son John and Agnes, his then ' P.C.C, Eeg. Lawe, fol. 65. Jntroliuction xvii wife, and the heirs of the body of John, with various re- mainders over. In 1606, he settled the manor of Oxted alias Birstead on John and his heirs male, with various remainders over. In 1606-7 he settled the residue of his property on himself for life, with remainder to his son John and his heirs male, with various remainders over. John was his son and heir, aged 40.' Henry's will is dated Sept. 26, 1610, and was proved April 18, 1611. He desires to be buried ' as neere to the Corps of my deceassed wief as convenientlie maye be ' ; he bequeaths 10s. for the repair of the west end of Waldingham Church ; ' And whereas I latelie at myne onely charge erected twoe Fillers of stone at the west ende of the Parrishe Churche of Tanridge, and amended alsoe the decayed foundations of the Thirde Pillar before standinge to the sayde ende, and did alsoe levell and pave there the Ploore of the churche porche, and sett vp a Sonne Dyall in Stone & Bricke vppon the South syde of the same churche,' ^ his executor is to maintain the same during his life ; To 20 poor and God-fearing householders in Bleehing- ley, 20s. ; the like in Godstone and Oxted ; To 12 poor men of Tandridge, each a coat, containing 1^ yards of broad cloth of London measure, price 6s. 8d. the yard ; To 13 poor wives or widows of Tandridge, each a gown containing 2| yards of broad cloth of the same price ; These poor men and women are to attend his funeral and after the ceremony are to have dinner and Is. apiece ; To Elizabeth, daughter of his daughter Joan Bacon, £20 ; To his wife, Catherine, a legacy of £100, and an annuity of £50 in lieu of dower or jointure, with power of distress. He requests his son and ' Inquisition ^osi morfeTO, Chan- other beingtaken by a massive square eery, 10 James I., part 2, no 131. pier of rather curious construction. ^ Tandridge Church has a nave There are thus three pillars in the and two aisles ; on the south side nave. I think these must be the are two pillars forming the nave three pillars referred to above. The arcade, but on the north side there ' Sonne Dyall in Stone & Bricke ' is only one pillar, the place of the has disappeared. a xviii fintroDuction heir [John] to allow his wife [Catherine] to live in his house at Tandridge, during her widowhood, ' and soe muche the rather for that I have for the better satisfaccion of them bothe lately bestowed greate charges vppon th'inlargement thereof;' To each of his sons, Thomas, Edmund and Michael, an annuity of £10, with power of distress ; To his son Michael and his heirs his freehold land in Titsey, ' for the better enlargemen* of my coppyhold there descendinge vnto him by the custome of the saide Manno'' ; ' He men- tioned a mortgage from Eichard Hawarde of Woldingham ; He appointed his son John executor and residuary legatee. One Henry Haward was a witness.' John Hawaedb, the writer of the MS., was, as we have seen, 40 years old at his father's death in 1611 ; he was therefore born about 1571. I cannot ascertain that he went to either University. He was entered at Clifford's Inn, as the custom then was, before becoming a student of an Inn of Court. He was admitted a student of the Inner Temple in 1588 ; the entry in the Admission Eegister is as follows : Johannes Haywardb de Tandryge in Com. Surr. et nuper de Cliffordes Bin, Generosus, admissus est in Societate istius Comitive in Cons' xx^ premanihus solut', xxiij die Novemhr anno r. R"' Eliz. xxxf [1588]. Plegii, George Eawe, Eo. Heath. The y of Haywarde has been struck through. He was called to the Bar, Nov. 8, 1598, and was made a Bencher, Nov. 28, 1613 ; he was Eeader in 1625. In the Inner Temple Hall is a shield bearing these arms : Argent, on a pile sable, three crescents of the first ; and underneath it is written, johannbs hayward ar : LECTOR QVADR : A.D. 1614. This must, I think, refer to ' P.C.C, Eeg. Wood, fol. 37. Jntrotiuction xix John Hawarde of Tandridge, but the arms belong to another family. He practised in the Courts of Chancery and Star Chamber, and also at the local Assizes and Sessions ; his name appears in Foss's list of Counsel for the reign of James I. In 1597, he filed a Bill of Complaint in the Star Chamber, which will be found in App. XXV. His name appears as a Justice of the Peace and Quorum for Surrey, in a list dated May 20, 1608. John Hawarde was apparently married before 1586, although he could not have been more than 15 years old. In Hilary Term of that year a Fine was levied between Eichard Hayward, demandant, and John Hayward and Agnes his wife, deforciants, of a barn and lands in Mitcham.' As the deforciants warranted against the heirs of Agnes, it would seem that the property dealt with belonged to her. In 1609-10 he is described as ' senior ' in a Pine levied between himself and William Valentine, plaintiffs, and Eichard Haywarde, deforciant, of a messuage and lands in Woldingham, Chelsham and Oxted; to hold to John and William and the heirs of John.^ His name also occurs in other Fines at this period. In 1613, John settled the Manor of Burstead on his second wife, Elizabeth, for life, with remainder to his own heirs male.^ By a new settlement in 1630, his sons John and William were the remainder-men to the exclusion of the eldest son Humfrey.* This is partially explained by John's will (post), where we learn that Humfrey was undutiful and unthrifty. How much of John's other property was included in this last settlement I cannot say ; but it would seem from John's will, and from the Fine of 1650 (post), that the whole of his property was settled so as to exclude his eldest son. Manning and Bray state (ii. 305) that John ' Feet of Fines, Surrey, Hil. 28 Eliz. ' Brayley, Surrey, iv. 172. " Ibid., Hil." 7 James I. * Ibid. &2 XX JntioUmti'on settled the reversion of the Manor of Garston and certain lands, after the deaths of himself and EHzabeth his wife, on William, and the reversion of the Manors of Bursted and Westhall on John, with remainder to William ; an estate at Tandridge was limited to Thomas, son of John and EHzabeth, and mention was made that John the son had a good estate of his own. The date of the deed is given as Sept. 10, 1630. Brayley' says the Manor of Garston ' descended ' to Sir William Hawarde, who was the eldest son of the second marriage, and this is borne out by the Eoyalist Composition Papers (post), but the Tandridge property undoubtedly went to John, the second son of the first marriage. In 1620, Hawarde was elected Member of Parliament for the Borough of Blechingly, co. Surrey, and again in 1624. On this second occasion a petition was presented against his return, and the facts of the case will be found set out in a collection of ' Certain Cases of Election of Burgesses to the Parliament, collected by M"' Serjeant Glanvile.' ^ The case begins thus : ' A Petition was exhibited by Henry Lovell gent, sup- posing, that, Whereas Sir Miles Fleetwood knight, and the said M"' Lovell were duly chosen Burgesses for the Borough, yet John Heyward esquire was unjustly returned, instead of the said M'' Lovell, and prayed relief and reformation in the premises : where in few days after, another petition was exhibited by the Borough-holders of the said Borough, justifying the said return and election of M"" Heyward, and charging the said M"" Lovell and one Mr Harris, Parson of Belchingley aforesaid, with several misdemeanours ; in attempting to disturb the due election and return of M"' Heyward ; procuring a colour of election for the said M"" Lovell, and a return of him thereupon ; and for a > iv. 109. ' State Papers, Domestic, Addenda, James I., vol. 43, no. 62. Jntrotiurtiou xxi practice and endeavour from thenceforth to innovate and alter the true and ancient custom of election, time out of mind used within the said Borough ; praying that some punishment might be inflicted upon the said M"" Lovell and M'" Harris.' The case is set out at considerable length ; the election took place on February 22nd, 21 James I., 1624. The matter was eventually decided in favour of Hawarde, who was declared to be duly elected ; Lovell was considered to have ' committed an offence against the liber- ties and priveledges of the commons in Parliament,' for which it was ordered that he ' be committed prisoner to the Tower, there to remain during the pleasure of the house, and not to be enlarged till he had made his submission, and acknowledged his fault upon his knees at the bar of the house.' Harris was found to have committed several offences against the liberties and privileges of the house, ■ deserving the more punishment in regard he had abused the pulpit to his own private and malicious ends. And for such his offences he should be brought as a Delinquent to the bar of the said house, to be there sharply reproved and admonished for such his faults, and to confess the same there, upon his knees, and humbly desire the pardon of the house, and upon the Sunday sevennight shewing in the Pulpit of his parish Church, in the entrance to his Sermon, again to witness the same fault, desiring the love of his neighbours and promising a reformation.' John Hawarde was twice married. His first wife was Agnes, daughter and heir of William Wilkinson of London, merchant, to whom he was married before 1586 [ante] ; by her he had issue Humphrey, aged 25 in 1623, John, and Agnes, ' who is said in Harleian MS. 1561, fo. 162, to have been executed, July 4th, 1634. Agnes the wife was pre- sumably living in 1598, when her initials were placed on the panelling at Tandridge Hall. See post. His second ' She is called Anne in the Inq. post mortem of her father ; post. xxii Jntrotiurttcin wife was Elizabeth, daughter of WiUiam Angell of London, Fishmonger to James I., and Serjeant of the Acatery ' to James I. and Charles I. ; she was the widow of William Watts, 2nd son of Sir John Watts, knt., Lord Mayor of London ; by her he had issue William, Thomas, Catherine, Suaan (married 1. Robert Greenway, gent., 2. Arthur Spenser, gent.), Frances (married Edward Downer of Southampton, merchant), Thomazin (died unmarried), Jane (married William Fletcher of Mitcham, co. Surrey, gent. ; they were married at Streatham, Feb. 3, 1651),^ Dorothy (died unmarried), Mary and ' Margett.' The two last probably died young ; the other daughters were living in 1646.* Thomas the son was dead in that year. Hawarde's will was dated July 1, 1630, and proved Feb. 11 following. He recites that he has ' settled and estated all my landes, goodes and Chattalls by seueral deedes, drawne and engrossed w*^ mynowne hande, for the pro- vision of my wife and all my children.' He excludes his ' vndutifuU and vnthriftie sonne, Humfrie Haward, from all colour of ever challengeing any parte of my reall or per- sonall estate.' He appoints his wife, Elizabeth, execu- trix.'' He died in January, 1630-1. The Inquisition taken after his death sets out these settlements at some length. Inquisition taken at Southwark, Nov. 4, 8 Charles I., 1632, after the death of John Haward, esq. ; long before ' Acatery, a sort of check be- sold to John Halsey or Haulsey, tween the clerks of the King's citizen and Merchant Taylor of kitchen and the purveyors. Crabb, London, for 3,460Z., and which had Tech. Diet. afterwards been purchased from him A Bill of Complaint, dated Nov. by William Angell 'for a greate 17, 1617, by William Angell, esquire, sonune of money.' This bill was ' his ma""'^ Fyshemonger,' against drawn by John Hawarde and is Sir William Foster, late of Crow- signed by him at the foot, hurst, knight, and William Foster, Chancery B. & A., James I, A. 4, esq., his son and heir apparent, no. 2. relating to property in Crowhurst, ^ Col. Top. et Gen., iii. 312. Lingfield, Oxted, Tandridge and ' See post, p. xxxiii. Limpsfield, which the Fosters had ' P.C.C., Eeg. St John, fol. 13. Jntrotinctiou xxiii his death he was seised of a capital messuage called Tan- ridge Hall, and of divers lands, etc., thereto belonging, and also of 100 acres of land, 60 acres of meadow, 200 acres of pasture and 120 acres of wood in the parish of Tanridge ; also of the Manors of Gasson or Garston and Oxsted or Birsted or Bursted in Oxsted ; also of the Manor, capital messuage and farm of Westhall ; also of 10 messuages, 200 acres of land, 40 acres of meadow, 400 acres of pasture, 200 acres of wood and 200 acres of furze and heath in the towns and parishes of Bletchingley, Godstone or Walkham- sted, Tanridge, Oxsted, Warlingham, Caterham, Chelsham, Farley and Saundersted. By an Indenture dated Feb. 26, 1613, made between Haward of the one part and William Angell, esq., Martin Freeman, esq., and John Angell, gent., son and heir apparent of William (being a settlement made in contemplation of a marriage between Haward and Elizabeth Watts, widow of William Watts, esq., and eldest daughter of William Angell), Haward settled the Manors of Garston, Bursted and Westhall, and certain property in Tandridge, to the use of himself for life, remainder to the use of the said Elizabeth for life as her jointure, remainder to the heirs male of the body of John, remainder to John's right heirs; and as to Tandridge Hall and all his other property, to the use of John and the heirs male of his body, with remainder to his right heirs. A Fine was levied, Hil. 4 Car. I. [1628-9], between William and John Angell, plaintiffs, and John Hawarde, deforciant, of all the above property, in confirmation of the said settlement. Hawarde was also seised of a messuage in Tandridge which he lately purchased. By an Indenture dated Sept. 10, 1630, made between himself of the first part, John Hawarde junior his 2nd son described as of the Inner Temple gent., of the 2nd part, and John Angell of Crowhurst, co. Surrey, Esq., and James Angell, Citizen and Fishmonger of Lon- don, of the Brd part, reciting the former settlement, and xxiv Jiiti'oliuction that a recovery had been suffered in Hilary Term, 15 James I. [1617-8], of all the said Manors and lands, in order to enable John the father to limit and secure the same from Humphrey Hawarde his eldest son and his great and many debts, and to provide for John's other children ; and reciting a Fine levied Hil. 4 Charles I., to effect the same object ; and reciting an Indenture dated Feb. 16, 1629-30, made between the same parties, by which John Hawarde the father revoked the estate tail created by the marriage settle- ment of 1613, and gave himself an estate in fee simple in re- version after the death of his wife, Elizabeth ; It was wit- nessed that Hawarde the father resettled all his property as follows : — to himself for life, remainder to Elizabeth for life, remainder as to the Manor of Garston to William, eldest son of John and Elizabeth, and his heirs, and as to the Manors of Bursted and Westhall, with remainder to John Hawarde the son and his heirs male ; as to Tandridge Hall and all Hawarde's other property, including a garden plot in Trinity and Huggin Lane, London, to John Hawarde the father for life, remainder to John the son and the heirs male of his body, remainder to the said William Hawarde and the heirs male of his body, remainder to Thomas the 2nd son of John the father and Elizabeth and the heirs male of his body, with remainder to the right heirs of the said Thomas for ever. John Hawarde the son is to pay to Anne Hawarde eldest daughter of John H. the father, £40 a year for her maintenance for life ; to Catherine, Susan, Frances, Thomasin, Jane and Dorothy Hawarde, the daughters of John the father, £500 each, and shall in the meantime allow them £8 per cent on their respective amounts for their maintenance ; William and Thoma s Hawarde, the sons of John the father and Elizabeth, are each to have £500 and interest at £8 per cent during their minority for their maintenance. ' And whereas the said Humfry Haward is by birth the eldest sonne of the said Jntrotiuction xxv John Haward the father and by the Course of the Common lawe his heire, yet in regard he hath alwaies beene an vndutifuU and disobedient Child and liued a vaine Course of hfe to vex and greeve his aged father, and standes greatly indebted and much endangered by many, whereby if any thinge might descend vnto him or should be estated vpon him others would haue it from him and neyther he nor any other Child of the said John Haward the father be any way the better for it. Therefore the full intent and meaninge of the said John Haward the father and of these presentes is. That the said Humfry Haward shall haue noe part of the reall or personall estate of the said John Haward the father.' Nevertheless John the son is to pay Humphrey £20 a year for life. Part of the lands are charged with an annuity of £2S granted by Edward John- son, gentleman, deceased, and other part with an annuity of £10 devised by Henry Haward, deceased, to his son Thomas for life ; and all the lands are charged with £8 3s. Id. a year payable to the King, and 7s. 4i. every 5th term for respite of homage. If John the son attempts to sell any of the property, or fails to pay any of the legacies or charges on the estate, then the whole to go to WnKam on the like conditions. John Hawarde senior died March 1, 6 Car. I., 1630-1 ;' Humphrey is son and next heir, and was aged 25 at the death of his father.^ Tandridge Hall and certain lands in Tandridge are held of Edward Bostock Fuller, esq., as of his Manor of Tan- dridge and Northall, in free and common socage by a rent of 10s., and they are worth 20s. a year. The other lands in Tandridge and the Manors of Garston, Bursted and Westhall, and the 10 messuages and lands in Bleching- ley, Godstone, Tandridge, Oxted, Warlingham, Caterham, Chelsham, Farley and Saundersted, are held of the King ' This is a mistake; his will was proved Feb. 11, 1630-1. ' This is also wrong. xxvi Jntiolriuticiit in chief by knight's service ; the first mentioned property is worth 10s. yearly, the three Manors are worth the same.' Elizabeth Hawarde, John's widow, was living in 1650, (see post). She held her Court at Bursted Oct. 5, 1641.^ John Saioarde's Signature from the Inner Temple Admission Register. Humphrey Hawarde, John's eldest son, was baptised at the Church of S. Dunstan in the West, April 15, 1598.' He was admitted to the Inner Temple, October 28, 1613, being described as of Tandridge and late of Clifford's Inn, gentleman. He was disinherited by his father, as we have seen, and very little appears to be known about him. The following from the State Papers is the only item I have been able to discover. 1631, June 17. — Henry Edlin of Addington, Surrey, yeoman, petitioned the Privy Council, stating that long since he became bound as surety for one Humphrey Hay- ward, esq., for divers sums, which cost him lOOZ. at least ; having bonds to secure himself, he 'arreasted the said Hayward twice, whoe both times was rescued, & about half a yeare past in a ryotous manner was taken away from the Bayliffes by one S"" Frauncis Leigh of Addington, knight, & by his freinds & seruants at his appointement, who came violentlie w"^ swordes, pitchforks, staues, & throw- ing of stones, & tooke the saide Hayward from the Bay- liffes ' ; ' being not able to contend in la we w'^ the saide S'" Frauncis (hee being a man of greate wealth & power), [the petitioner] is therefore like to loose all his said money, the said Hayward now living priuatelie in Milford laine, where ' Inq. post mortem, Chancery, 11 Car. I., part 3, no. 170. ' Manning & Bray, ii. 387. ' Col. Top. et Gen. v. 367. Jntiotimtion xxvii he cannot be arreasted.' The case was referred to the Judges of Assize for relief.' 1631, November 28. — Sir George Vernon and Sir James Weston, Barons of the Exchequer, reported that Edhn had several times made default at the times appointed by them to hear his complaint, and that they had therefore been unable to proceed in the matter.^ Sir Francis Leigh of Addington was the eldest son of Sir Oliph Leigh ; he was admitted to the Inner Temple, October 10, 1610, when John Hawarde (the writer of the MS.) was one of his pledges ; he was knighted at New- market, December 11, 1618. Humphrey Hawarde died without issue.* John Hawaedb, second son of John, was admitted a student of the Inner Temple, November 26, 1615. By an Indenture dated December 15, 1631, John Hawarde of London, gent., mortgaged to Arthur Mowsse the elder. Citizen and Fishmonger of London, and Arthur Mowsse the younger, his son, for the sum of 324L, a mes- suage, etc., called the White Horse in SydonLaneaiias Seeth- inge Lane in the parish of All Saints Barking near the Tower of London, and two messuages in Thames Street ' at Bel- ynsgate,' which Eobert Bassock, deceased, devised to Hawarde by his wiU. An annuity of 26L was payable out of part of the premises to Frances Manninge, widow, late the wife of the said Eobert Bassock.^ John sold all his paternal estate to his half-brother, Sir William Hawarde, probably before 1642. Manning and Bray * give 1649 as the date of this transaction, and mention a deed dated February 7, 1649[50]. This, however, ' state Papers, Domestic, Charles * Close Boll, 7 Charles I., part 32. I., vol. 194, no. 23. Eobert Bassock was the only son of ^ Ibid., vol. 203, no. S6. Catherine Wilkinson, Brd wife of ^ Heralds' College MS., Benefac- Henry Hawarde ; see Mite. tors, ii. 74. '' ii. 379. xxviii Jntrottuftion appears to have been a deed by which Sir William resettled the property, and the actual purchase may very well ha-\e taken place some years before. The Civil War was no doubt responsible for the delay. The Fine levied on this occasion is as follows : Hilary Term 1649-50, Fine between Henry Bysshopp, Esq., and Edward Thurland, Esq., plaintiffs, and Eliza- beth Haward, widow, William Haward, Knight, and Martha his wife, and John Haward, Esq., deforciants of the Manors of Garston, Beirsted and Westhall, and of 20 messuages, 3 cottages, 23 barns, 20 stables, a water-mill, a pigeon-cote, 23 gardens, 23 orchards, 400 acres of land, 50 acres of meadow, 390 acres of pasture, 200 acres of wood, 100 acres of furze and heath, and common of pasture for all cattle, in Tandridge, Godstone, Bletchingley, Oxted, Caterham, Warlingham, Saunderstead and Crowhurst.' It is not quite clear how much of this property had be- longed to John. According to the settlement of 1630 (ante) the Manor of Garston belonged to William and the Manors of Bursted and Westhall and the Tandridge property belonged to John. But the particular of Sir William's estate (post) refers to the various estates as if they all belonged to Sir William, and ignores John altogether. It is clear, then, that at the date of the particular, John had already conveyed his share of the property to William. It will be noticed that in a list of Sir William's debts owing in 1642, he is said to owe John 660L ; this no doubt represents part of the purchase money. It was still unpaid in 1651 (post). John is stated in the settlement of 1630 to have had a good estate of his own ; we have seen that he had property in the City of London which was left to him by Eobert Bas- sock (who was half-brother of John's mother), and the next document shows that he had also property in Essex. By an Indenture dated February 1, 23 Charles I., 1647-8, ' Feet of Fines, Surrey, Hil. 1649-50. Jntrotiuctiou xxix John Hawarde of the Inner Temple, gentleman, leased to Eichard Elcox of Fobbing, co. Essex, gentleman, in con- sideration of 200L, diet and other necessaries, the capital messuage called Sprevers Hall, and all his lands in Fobbing, for a term of 99 years, at a rent of 20L during Haward's life, and after his death at a peppercorn rent.' John Hawarde died without issue, '^ but when I cannot say. Sib William Hawaede, the eldest son of John's second marriage, was knighted by Charles I. at Sudeley Castle, September 9, 1643. He purchased most of the family property from his half-brother John, probably in 1642,' that is to say Tan- dridge Hall, and the Manors of Bursted and Westhall. He sold these Manors, as well as that of Garstone in 1681 to John Borrough, esquire.'' He was admitted a student of the Inner Temple, Novem- ber 10, 1635. He was a Gentleman of the Honourable Privy Cham- ber in Ordinary to Charles I., Charles II.,'' James II. and William III.6 Sir William married at Christ Church, Oxford, Septem- ber 4, 1643,' Martha, youngest daughter of John Acton of London, Goldsmith to Charles I., second son of Thomas Acton of Elmley Lovett, co. Worcester, and brother and heir of Charles Acton. She was living in 1681, when she was a party to a Fine (set out post), and probably died in 1689. By her Sir William had 4 sons and 6 daughters. 1 . John, died an infant. 2. William, of whom post. 8. John, aged about fifteen in 1672. 4. Marma- ' Close Eoll, 1650, part 10, no. 5. tors, ii. 74. ' Heralds' College MS., Benefao- " Cheater's Westminster Abbey tors, ii. 74. Registers, 223. Carlisle's Gentlemen ' Brayley, Surrey, iv. 172, 182. of the Privy Chamber. See ante. ' Chester's Westminster Abbey * Ibid. See post. Registers, 223. ' Heralds' College MS., Benefao- XXX 5utrcil5uctiou duke, aged 10 in 1672. 1. Northamptonia, Northamptona, or Northampton, married to Sir John Henden of Biddenden, co. Kent, knt., at Streatham, August 28, 1660.' The marriage allegation in the Eegister of the Yicar-General of the Archbishop of Canterbury is dated August 20, 1660 ; Sir John is described as a bachelor, about twenty-eight years of age, the lady is described as a spinster, about fifteen years of age ; the license was for the churches of Streatham, Tandridge, or S. Gregory, London. 2. Elizabeth. 3. Thomazin. 4. Martha. 5. Catherine, died an infant. 6. Jane. The above particulars as to Sir William's family have mostly been obtained from a MS. in the Heralds' College, for which I am indebted to the kindness of H. F. Burke, Esq., F.S.A., Somerset Herald. The volume is known as ' Benefactors, vol. 2,' and is entitled ' The Armes and Descents of several Noble-Persons and others who have Contributed Moneys towards rebuilding y" College of Armes ; at the Be- quest and by the Solicitation of Francis Sandford, Esq"", now Lancaster Herald, at that time Eougedragon Pursivant of Arms ; with a Catalogue of the Benefactors and the Summes of Money by them Paid.' The Hawarde pedigree begins with Henry, Sir William's grandfather, and includes Sir William's children ; it is dated May 9, 1672. At the top is a shield with the following arms : — Quar- terly of six. 1. Sable, two bars argent, in chief a talbot passant of the last ; Hawarde. 2. Azure, on a bend argent between two leopards' faces or, three martlets gules. 3. Argent, a chevron between three talbots passant sa,ble. 4. Ermine, on a chief azure three lions rampant argent. 5. Argent, three towers triple lowered gules ; Castle. 6. Gules, a fess vair, in chief an unicorn passant between two • Col. Top. et Gen. iii. 312. Jutroljuction xxxi mullets or, within a bordure engrailed of the last ; Wilkin- son. Opposite to the last quartering is this note : ' the last coat ought not to be quartered by S'" Will : Haward.' Sir William espoused the cause of Charles I in the Civil War. Some interesting details about him and his property are recorded in the Eoyalist Composition Papers. ' His delinquency that he diserted his owne dwellinge and went to Oxford and liued there whiles it was a Garrison held for the Kinge against the Parliam'^, and remayned there for some tyme.' ' He appears to have been a somewhat lukewarm Eoyalist. He states in his petition that he ' was neuer in Armes ag' the ParlymV ^ and that as early as December, 1645, he had the intention to submit himself. An affidavit of William Evans and Christopher Hudson, two of Sir William's servants, states, that they, ' attending vpon their Master S'' William about Michaelmas last [1645] att Oxford, heard the sayd S'' William frequently expresse his resolutions of comming from thence, and submitting himselfe to the Par- liam'^, and that he would sende to his mother in Surrey to procure him a passe from the Parliam* for his safe comming, by the meanes of her Freind M"" Darley, one of the members of the Honor'''^ house of Commons : and that they are very confidently persuaded, if such a passe had then bin pro- cured, and sente to the sayd S'' William, he would not haue fayled to haue come away ; the sayd S'' William often expressing to boeth of them that the wante of a passe was the onely cause of the delaying his comming away.' ^ The pass was procured, and Eichard Hunt, ' seruante to M" Elizabeth Haward of Tandridge, widd.,' was despatched with it. He says, ' about Michaelmas last past [1645], the sayd Eichard Hunt was commanded by his Mistresse, the sayd Elizabeth Haward, to try if he could gett to Oxford, and • state Papers, Domestic, Interregnum, G. 196, no. 733. ^ Ibid., no. 736. = Ibid., no. 744. xxxii fiittiolniction carry a passe to her sonne, S'' William Haward, for his safe comming away to the Parliam*, which passe, as he con- ceaues by his Mistresses expressions, was signed by the Speaker of the Honor^'° house of Commons, and procured by the meanes of M'' Darley. And that he wente as farre as Henley on his way, but durst not carry the passe any farther by reason of the frequent passings up and downe of Souldiers on boeth sides.' ' The particular of Sir William's estate is as follows : ' He is seized of an estate to him & his heires in reuer- sion after the decease of Elizabeth his mother of & in the manno"" of Garston w* the rightes, members & app""tenn'=" scituate in Bleachingleigh & Godstone in the County of Surrey, of the yerely value before these troubles of 80". ' That by Indenture dated 10° Sept. 1630 made betweene John Haward, the Compounder's father, on the first parte, John Haward the sonne, on the second parte, and certayne trustees on the third part, for the eonsidera- cions therein expressed, the said John Haward the father did soe settle the landes hereafter mencioned as that the Compounder standeth seized of an estate to him & his heires in revercion after his mother's decease of & in the manno''^ of Biersted & Westhall & the Hillish land w"" their appertenn"^' in the County of Surrey, w* weare of the yerely value before these troubles of 105" 0^ 0*. ' And of an estate in possession to him & the heires males of his body of and in a Capitall messuage and certaine other Farmes, landes & ten"^^ in Tandridge & other neighbouring parishes, & of a garden plott scituate in Trinity Lane & Huggyn Lane, London, of the yerely value of 209" 08' OO". ' Upon Condicion that the Compounder shall pay ' To Katheryne Haward, eldest daughter of John Haward & Eliz.— 500". ' Ibid., no. 730. Jntroliurtiou xxxiii ' To Suzan Haward their second daughter — 500". ' To Fraunces their third daughter — 500". ' To Thomazyne Haward their Fourth daughter — 500". ' To Jane Haward their fifth daughter — 500". ' To Dorathy Haward their sixth daughter — 500". ' To Thomas Haward now deceased their second Sonne, which is lefte by his will to Joane Haward his wid- dowe— 500". ' Togeather w* Interest after the rate of 8" per cent am, w""*, from the death of John the father who dyed in January, 1630 [1631], till their seuerall ages of 21 yeres or dayes of mariage, amountes yearly to 280", which the Compounder conceives is more then the land charged w*'^ the same cann satisfy. ' And w* the paym* of 23" per annum for euer, graunted, before the Compounder's [grandjfather purchased the same, by Edward Johnson to be issueing out of the said landes, and of the annual charge of 8" 3^* 4"* for a tenth to the king, prout the same Indenture, whereof he craues allowance. ' He is interessed or hath right to 1250" bequeathed vnto Martha, the Compounder's wiefe, by the will of her father, w* is payable, as he Conceiues, out of the estate of S'' Henry Skipwith, Kn' & Barronett, of Leicester- shii'e, a delinquent, w'^'' he feares is almost desper- ate, The fyne for w'^'^ he desires he may haue tyme to pay into this bono*'' Committee [the Committee for Compound- ing], when he receives the same.'' The six sisters were all living at Tandridge in Septem- ber, 1646 ; all the portions mentioned above were then unpaid.^ His fine was fixed in January, 1646-7, at one sixth, which amounted to 437Z. 14s. Od.^ On July 8, 1652, Dame Martha, his wife, refused to take ' Ibicl.,Yio. 747. ' Ibid.,no. 740. ' Ibid., p. 734. b xxxiv JntroUuction the oath of abjuration, and two thirds of her jointure was ordered to be sequestered accordingly.' On June 19, 1651, an information was lodged against him by Captain Cassibilan Burton : — ' That the said S'' William Haward gave in vpon his particuler when hee compounded That there was due vnto him the summe of Fifteene hundred poundes or thereaboutes in right of his wife, out of S"' Henry Skipwith his estate, which was des- perate, and desired when hee had recovered it, hee might bee admitted to compound for it, which was accordingly graunted. Since which time the said debt of 1500" hath bin receaued above fifteene monthes agoe by the said S'' William, and not yet offered to bee compounded for ; Besides, when the said S'' William gave in this as a desperate debt, hee was in actual] possession of 400" per annum of S"" Henry Skipwith's estate in the Countie of Leicester, w* was mor- gaged for the said debt, and did att the same time &• afterwardes receave the proiittes towardes paym* thereof vntill the said landes were sould to pay the aforesaid debt.'2 ' I, Henry Proby, Common Seriant at laws of the Citty of London, doe certifie that about the eight day of Novem- ber, 1647, S'' William Haward, knight, informed mee that he had bin aboue three yeares marryed vnto Martha, one of the daughters and late orphan of John Acton, late Citizen & Goldsmith of London deceased, & desired mee to let him know his wife's portion and where the same was remayning,& therevpon I did certiiie him that her portion was 1250'' 12' 8*|, & that the same togeather with the like portion for Jane and Edward two other of the children & orphans of the said John Acton was secured by S"^ Henry Skipwith, knight & barronett, by a lease bearing date on or about the 27th day of June Anno d°' 1640, made vnto M'' Alderman Pennington, & other Aldermen ' lUd., G. 30, fo. 442. ^ Ibid., A. 118, no. 1. Jutiotiuction XXXV of the Citty of London, of the Manner of Prestwold and other lands in y* County of Lecester for the terme of 99 yeares ; And that afterwardes vpon Complaint made vnto the Court of Lord Maior & Aldermen that the said por- tions were not payed, It was thought fitt & directions given accordingly that the said Lease should be sold for pay- ment of the s* portions. . . . And that a.fterwards the said Trustees by order & direction of the said Court on or about the 12* day of february, 1649, [did] assigne the said Lease vnto M"" Alderman Pack, wherevpon the seuerall porcions afores'^ were paid and discharged, w* portions were to euery of them 1250" 12^ 8" apeece principall money, and interest for the forbearance of the same, but how much I cannot remember. Dated the 7* day of this instant July, 1651.'i A list of debts owing by Sir William before May, 1642, and still unpaid in October, 1651, amounting in all to 8601, Among them a debt of 660Z. due to John Haward of London, gentleman.'^ Probably in 1642 or earlier, Sir William purchased from his half-brother John all John's share of the family pro- perty in Surrey. The 660?. due from Sir William to John in 1651 probably represents part of the purchase money. By a deed dated February 7, 1649-50, Sir WilHam's estates, including the Tandridge property and the Manors of Bursted and Westhall purchased from John, and the Manors of Oxted and Garston, were resettled ; Elizabeth Hawarde (widow of John H. the father, and mother of Sir William), and John H. the son were parties. Elizabeth's jointure was confirmed during the joint lives of herself and Sir William, but if he died first, then those estates (the Manors of Garston, Bursted, and Westhall) were to be the jointure of Sir William's widow, and Elizabeth was to have Tandridge Hall and other property in lieu thereof ; and, subject to the ' Ibid., no. 3. ^ Ibid., no. 7. b2 xxxvi Jntrotiuctiott said jointures, all the property was settled on Sir 'William and his heirs male, with remainder to him in fee.' The Fine levied on this occasion has already heen set out. In 1661 Sir William was elected M.P. for Bletchingley,'^ the constituency which his father represented in 1620 and 1624. In 1681, according to the county histories, Sir William, Dame Martha, his wife, and William, his son and heir ap- parent, sold all their Surrey property to John Borrough, esq. The only evidence I can find of this transaction is a Fine in Michaelmas Term of that year between Borrough, plaintiff, and Sir William and his wife, deforciants of the Manors of Beirsted and Garston, and 12 messuages, 3 cottages, 10 barns, 10 stables, a water-mill, a dove-cote, 12 gardens, 10 orchards, 300 acres of land, 90 acres of meadow, 140 acres of pasture, 240 acres of wood, 200 acres of furze and heath, and 28s. rent, in Tandridge, Godstone, Bletching- ley, Oxted, Caterham, Warlingham, Saunderstead and Crowhurst.' This supports the statement as to the sale to a certain extent, but on the other hand I find Sir William continued to be described as of Tandridge for more than 20 years afterwards. In an Indenture dated July 14, 3 James II. [1687], Sir William Hawarde is described as of Tandridge, and is stated to be one of the surviving Trustees for the sale of the King's Fee Farm Eents."* His name occurs with the same description in various other Indentures up to May 11, 1 Anne [1702].^ It seems strange that Sir William should continue to describe himself of Tandridge twenty years after he had sold the property, though of course he might have reserved a life interest in it. ' Manning and Bray, ii. 379, 387. ■■ Close EoU, 3 James II., part 6, 2 Ibid., ii. 294. no. 3. » Feet of Fines, Surrey, Mich, 33 ' Ibid. 1 Anne, part 10, no. 14. Car. II. Kntroliuction xxxvii On March 24, 1688-9, Lady Martha Haywood was buried in the West Cloister at Westminster Abbey. Mr. Chester suggests, with great plausibility, that she was the wife of Sir William Hayward or Hawarde.' The mis-spelling of the surname is probably due to the carelessness of the clerk who made the entry, and it was not at all unusual at that period for a knight's wife to be referred to as ' Lady ' with her Christian name. The deed of May 11, 1702, is the last record I have found of Sir William ; and I can find no evidence of his death or burial, nor of any will or letters of adminis- tration. Sir William Hawarde's signature, from the Royalist Compositimi Papers. William Hawarde, son and heir of Sir William, was aged about 24 in 1672 ; ^ he was admitted a student of the Inner Temple, February 7, 1663-4. I have not been able to trace him or his family any further. Takdridge Hall, as has already been stated, was sold to John Borrough in 1681. After various transfers, it was purchased by Lady Clayton, wife of Sir Kenrick Clayton, together with the Manor of Garston, and in 1808 it belonged to Sir William Clayton, Bart. From him it was purchased by Joseph Wilks, esquire, who converted the old farm-house ' Westminster Abbey Registers, J. " Heralds' College MS., Benefac- L. Chester, 223. tors, ii. 74. xxxviii fintratiurtion into a residence for himself.' It is now the property of the Earl of Cottenham, and is occupied by W. H. Charlesworth, Esquire, who very kindly allowed me to see the house. The exterior has been stuccoed and lime-washed, so that it is impossible to say how much of Henry Hawarde's work is still standing. Brayley says ■? — ' Many of the rooms are ancient and appear to be nearly in their pristine state. One apartment is wainscotted throughout ; over its carved mantel piece is the date 1598, and on each side are the initials of the Haward family. It is probable that this mantel piece, which is of a handsome character, formerly ornamented the dining-room, as that apartment is said to have been wainscotted pre- viously to the time when M"' Wilks effected his alterations (after 1808). Fragments of carving, similar to that of the mantel piece, are found in other parts of the house.' ' Over the vestry fireplace [Tandridge church] is an oak carving from Tandridge Hall in the same style as the mantel piece already referred to. It is in three compartments ; flowers, scrolls, etc., occupying the north and the centre ; and the south, what appears to be the head of a jester. Its age is probably that of the mantel piece, 1598 ' [p. 185]. At the present day the only room showing any signs of antiquity is the wainscotted room referred to by Brayley. It is a low room on the first floor, and is now used as a chapel. The wainscotting is plain, with a carved frieze of simple design, and is in capital preservation. The mantel- piece is a nice specimen of the carved woodwork of the period ; it has been cleaned and restored at some compara- tively recent time. At the sides above the mantelpiece are two small panels, 6 in. x 1\ in., with inlaid patterns of boxwood and ebony, and in the centre is a smaller design in a similar style, with the date 1598. These are figured below. The initials are those of Henry Hawarde and ' Brayley's mst. of Surrey, new ed. by Edward Walford, no date, iii. 381. ^ iv. 182. Jntrotiuction XXXIX Catherine his wife, on the left, and of John Hawarde and Agnes his wife, on the right. The woodwork in this room shows no sign of having been removed, and I believe it is in its original position. The carving mentioned by Brayley as being in Tandridge Church is not now to be found, nor are the fragments of carving which he says existed in other parts of the house. The Hall seems to have fallen into decay during the last century, and has since suffered much from alterations. In 1674 Sir William Hawarde paid Hearth Tax on 19 hearths. xl fintroliuction which shows that the house was then of considerable size.' Sir Marmaduke Gresham had 22 hearths in his house at Titsey at the same date. III. The Court of Star Chamber.^ A. History. The origin of the Court of Star Chamber, though not exactly lost in the mists of antiquity, must certainly be sought for at an earlier period than that of any of the superior courts of justice in this country, excepting only the House of Lords and the Privy Council. At a very early period of our legal history, soon after the Conquest in fact, we find that there was but one superior, or King's Court in existence, namely, the Court held before the King himself and his Council. They were the law-makers and law-interpreters too ; the Court was at once the executive, the law court, and the legislature ; the King was at once the ruler and the judge.' The system was based upon the theory that the King was the principal fount of justice in his kingdom, and was bound to look into and to right the wrongs of his subjects. This Court of the King and his Council was called the King's Hall or Court {Aula Regis, or Curia Regis), and naturally had to sit wherever the King happened to be for the time being. From it arose from time to time the Courts of King's Bench, Common Pleas, Exchequer, and Chancery. The details of these various divisions are well known, and it is unnecessary to go into them here.'' By the establishment of these various courts the Council ' Exchequer, L. T. E., Lay Sub- Chamber {Collectanea Juridica, vol. sidies, 188-496. ii.), Dicey's Privy Council, etc. ^ For thia part of my Introduction ' Dicey. I am largely indebted to a very able ' The separation of the first three paper on the Star Chamber by John of these Courts was in all probability Bruce, F.S.A. (^rc^iffioZogTM, vol. XXV. accomplished not later than 1164- 1834), Hudson's Treatise on the Star 1174. Dicey. {ntiotiiution xli got rid of the greater part of their judicial functions, but they still retained a certain residuum which was exercised from time to time. Occasional points of law were reserved for their opinion,' and pleas were frequently heard before them.^ The Council also exercised to a certain extent the functions which the Council of Judges performs nowadays, in regulating the procedure of the other Courts ; they devised new writs when necessary, and so on. The cases heard by the Council were chiefly those in which the inelastic forms of the common law could give no remedy, and it is from this branch of the Council's jurisdiction that the Court of Chancery may be said to have arisen. Other cases heard by the Council were those which in their nature were cognizable at common law, but which from individual circumstances were of great importance or of an extra- ordinary character. ' Wherever, in fact, either from defect of legal authority to give judgment, or from want of the might necessary to carry their decision into effect, the law courts were likely to prove inefficient, then the Council stepped in, by summoning before it defendants and accusers.' ' It is this part of the Council's functions which subsequently came to be called the Court of Star Chamber. Such cases were where ' it were a " heinous trespass " for which it was necessary to provide speedy remedy ; if the one party was so rich and the other so poor, that right was not likely to be done in the Courts below ' [Bruce], or the like. In such cases, on complaint being made by petition, the Council used either to send for the parties, and deter- mine the case before them, or to issue a commission of oyer and terminer to inquire into the matter. In all such cases, petition was made nominally to the King for his special interference, and this form continued in the Star > Bracton's NoteBook,^.W. UsXi- 190. land, iii. 234, 467, 499, etc. ; Ahbre- '' Bracton's Note Booh, axiHAhbrc- viatio Placitorum, 320 ; Selden Soc, viatio Placitorum, passim. Select Civil Pleas, W. P. Baildon, i. ' Dicey. xlii fintroljuction Chamber until its abolition. The petition was addressed to the King, praying that he would send for the defendant to appear before himself and his Council. After the institution of Parliament by Edward I. the House of Commons, jealous of the power of the Council, petitioned against it at various times. Probably for this reason the appointment of special commissions ceased during the reign of Edward III., and all cases were heard before the Council itself. EIBd's-ETE view of WESTMINSTER, 1578. (From Ralph Aggas^s Map.) It was in this reign that the name of the court first arose, as to which a little digression will be necessary. King Edward III. made large additions to the Palace of Westminster, including S. Stephen's Chapel, and many other buildings ; and it was in 1347, towards the middle of his reign, that a new council chamber was built. This Chamber, the Star Chamber, was part of a range of buildings situated on the east side of Palace Yard, most of 5 2 o ■:: « S 6 "S :^ s tq S Jntrotiuttion xliii which were apportioned to the office of the Exchequer. The last remaining part of these buildings was taken down as recently as 1836.' The original room seems to have been repaired or rebuilt at the end of EHzabeth's reign; the initials ' E. E.' and the date 1602, were carved over one of the doors.^ An illustration of this stone is given in Smith's Antiquities of Westminster (1807), and is here reproduced on a larger scale. A view of the interior of the Star Chamber is given by Brayley and Britton [op. cit.'], and two views of the exterior of the building are given by Smith [op. cit.] ; these three plates are here reproduced. Smith also has a plate of the very fine ceiling of the Star Chamber, CARVING OVEK THE ENTEANCE TO THE STAE CHAMEEK. (Enlarged from Smith's ^Antiquities of Westminster.') and details of parts of the stone and woodwork will be found in A Guide for drawing the Acanthus, by I. Page, London, 1843. Some of these are reproduced on the next page. Page says : — ' Immense paneled and ornamented door- ways, large handsome fireplaces, — an illustration of which I have given in the annexed plate, and which was added, to complete the room (bought by the Hon. Lieut. -Colonel Cust), of the internal fittings at the Star Chamber, or King's Palace, which he had fitted up at his own mansion, as it stood in Old Palace Yard, Westminster. The ceiling of that was most elaborate,— it was purely Gothic ; and, at ' History of the Ancient Palace 231. and late Houses of Parliament at ^ Ibid,, p. 442. Smith, op. cit. Westminster, 'Rra.y^ey and Britton, p. Bee post, p. 4C3. xliv Introlruction each extremity, terminated with the white and red rose of York and Lancaster, the port-cullis, and the pomegranate, which, with the fleur-de-hs, was a very favourite ornament of that time' [p. 196]. This passage is so dehghtfuUy vague that it has been quoted verbatim. A small plan is given of the elaborate ceiling, but the illustration of the fireplace is difficult to identify ; moreover it is not at all clear from the passage quoted whether the fireplace in question was actually part of the Star Chamber, or was added by Colonel Cust from some other room. We can fix the date of the erection of the original build- ing within a few months. In 1344 we learn from the Parlia- ment Roll that the Council of our Lord the King, and tlie Justices and other sages of the law, were assembled en la 1^ -: < s « 5 o > pa * H ^ W ~ Jutrotiuttion xlv Chambre du Conseil pres de I'Escheqier.^ This was the old Council Chamber. The new chamber was apparently built on the same site. It was commenced in 1347, and finished in the following year. I have extracted the accounts of the building from various sources; they will be found in Appendix XXVI. The earliest record I have found of the name of the Star Chamber is in or about 1348, where it is referred to as the ' Sterred Chambre.' ^ The next is dated 1355, and is to the effect that on March 7th in that year William de la Pole senior, knight, came in Camera Stellata in palacio Westm' prope pontem regiitm coram venerabilibus Patribus Johanne Archi- episcopo Ebor., Cancellario, et Willelmo Wynton' Episcopo, Thesaurario, et Bartholomeo de Burgherssh, Camerario ipsius domini Regis, et Thoma de Brembre, Custode privati sigilli Regis, Johanne de Bello campo et aliis de consilio eiusdem Regis, and there delivered up certain deeds and letters patent of the King to be cancelled, and also brought a deed to be enrolled by which he released to the King all his right in certain property. At the same time his sons Sir Thomas de la Pole and Edmund de la Pole came coram dicta consilio iu eadem Camera on the like business.' ^ In 1366, we find a variation in the name, as appears from the following : Fait aremembrere que Isabella qui feu la femme Mo7is' Wauter Fauconberge vient le meskirdy proschein apres la feste de touz Seintz Van du regne nostre s' le Roi quarantisme a Westmonst' en la Chaumbre du conseil esteillee pres de la resceite de I'escheqier.* This was a matter relating to Isabel's dower and may well have been the judgment in a suit actually heard before the Council; it is mentioned that the Chancellor, the Treasurer, et autres du Conseil were present. ' Bot. Pari., ii. 154. Holt, ' Hermentrude,' for this refer- ' See post, p. 462. ence. > Close Eoll, 29 Edw. III. m. 26 d. ' Close Eoll, 40 Edw. III. m. 3 d. I am indebted to the late Miss Emily xlvi Jntrotiuctioii In the following year, 1367, a further variation is recorded. Processus inter Jacohum Daudeleye dc Elizabeth' uxorem Nicholai Daudeleye coram consilio habitus [margin]. Et sur ceo nostre s' le Roi fist venir le dit Mons' James deuant son counseil, c'est assauoir, Chaunceller, Tresorer, Justices, & auters sages assemblez en la Chaumbre des esteilles pres de la receite a Westm' lendymain de V ascension? In the first case the addition of the words prope pontem regium and in the two other cases^pres de la resceite identifies the room with the site mentioned in 1344, and also with the new buildings built by Edward III. An early English variation of the name was ' Sterne Chamere.' Soon after the death of Henry V., the then Chancellor, Thomas Langley, Bishop of Durham, de- livered up the Great Seal to Henry VI. at Windsor. Henry handed it over to Simon Gaunstede, Keeper of the Rolls of the Chancery. As Keeper thereof, Simon took it with him to London, and on the morrow of Michaelmas, in quadam camera vocata le Sterne chamere infra palacium domini Regis Westm', sealed certain letters patent with it in the presence of the said Bishop of Durham and other Lords.^ The earliest English form is 'Sterred' chamber.' Various explanations have been given of the name, some fanciful, some ridiculous. There is no doubt whatever that the Star Chamber was so called because it was decorated with stars. The very form of the name ought to be suf- ficient to show this, in Latin Camera Stellata, or Camera stellarum, in French, Chaumbre estoillee or Chaumbre des esteilles, in English ' Starred,' ' Sterne,' or ' Star ' Chamber. I suppose it is because this meaning is too simple and obvious that so much ingenuity has been displayed in find- > Close Eoll, 41 Edw. III. m. 13. star. Halliwell. ' Close Eoll, 1 Hen. VI. m. 21 d. ' Post, p. 462, and see Close Koll, I am indebted to the late Miss Holt 32 Hen. VI. for this reference. Starn, Sterne, a Jntrotmrtmu xivU ing others. Hudson's remarks on this pomt are very quaint. He says : ' ' Some think it is so called of Crimen stellionatus because it handleth such things and cases as are strange and unusual : some of stallen. And so I doubt not but Camera stellata (for so I find it called in our antient Year-books) is most aptly named ; not because the Star-Chamber, where the Court is kept, is so adorned with stars gilded, as some would have it ; for surely the chamber is so adorned, because it is the seat of that Court, et denominatio being a prmstantiori magis dignum trahit ad se minus ; and it was so fitly called, because the stars have no light but what is east upon them from the sun by reflection, being his representa- tive body ; and as his majesty himself was pleased to say, when he sat there in his royal person, representation must needs cease when the person is present. So in the presence of his great majesty, the which is the sun of honour and glory, the shining of those stars is put out, they not having any power to pronounce any sentence in this court, for the judgment is the king's only ; but by way of advice they deliver their opinions, which his wisdom alloweth or disalloweth, encreaseth or moderateth, at his royal pleasure : which was performed by his most excellent majesty with more than Solomon's wisdom in that great cause of the Countess of Exeter against Sir Thomas Lake ; where his majesty, during the dignity of that court, sat five continual days in a chair of state elevated above the table about which his lords sat ; and after that long and patient hear- ing, and the opinions particularly given of his great council, he pronounced a sentence more accurately eloquent, judiciously grave, and honourably just, to the satisfaction of all the hearers, and of all the lovers of justice, than all the records extant in this kingdom can declare to have been, at any former time, done by any of his royal progenitors. ' Op. cit., p. 8. xlviii $ntrol!UCtion To conclude then, I suppose the name to be given according to the nature of the judges thereof, which I hope agreeth with the name of the chancery and other courts of this kingdom.' The derivation from Crimen stellionatiis will be found set out in the text.' A more plausible theory is Blackstone's.^ He suggests that the Star Chamber was so called because it was used as a depository for certain Jewish contracts or bonds, which were called starra, from the Eabbinical or Chaldaic Shetar or Setar ; that in the course of time the meaning of the Jewish ' stars ' was forgotten, and then the words Star- chamber were naturally rendered in Latin Camera stellata ; etc. There are several difficulties in this derivation. First, the short space of time between the banishment of the Jews in 1290 and the mention of the ' Sterred Chambre ' in 1348, only 58 years ; it seems hardly possible that the real meaning of the name could have been so soon forgotten by the officials of the Palace. 2. The theory involves an involun- tary pun or confusion of meanings which is only possible in English, and as the language of the Court would be French and that of its records either French or Latin, probably the latter, it is difficult to see how such confusion could arise. 8. The earliest English form of the name seems to have been not ' star,' but ' sterne,' or ' starred,' chamber, which was still used as late as the reign of Henry VIII. The word starred is the exact equivalent of stellata or estoillee, and is synonymous with starry ; an epithet which could be appropriately applied to a room whose ceiling was decorated with stars, but which could not well be used of a room which was a depository for ' starra.' 4. It seems quite clear that the name ' Starred Chamber ' was applied to a new room. If Blackstone's theory were correct, we should expect to find some mention of it by that, or some kindred name, during the time that the ' P. 123 ; see also p. 15. ^ Commentaries, iv. 206. Jntrotruftioit xlix room was used (as alleged) as a depository for starra, or, at any rate, shortly afterwards. But no, there is no trace of any ' Star Chamber ' until Edward III. built his new Council Chamber, and christened it after the most pro- minent feature of its decoration. In commenting on Blackstone's suggestion, the late Mr. John Caley, F.S.A., says : ' At first view this etymology seems plausible; but it will not bear the test of examination.' . . . ' There appears, therefore, in the present instance, no reason to depart from the usual derivation ; which ia that the roof of the Star Chamber was anciently ornamented with gilded stars ; and though no actual proof can be at this time produced of that fact, it is supported by the testimony of two such able authorities as Sir Edward Coke, in his Institutes [4th Instit. 66], and Sir Thomas Smith, De Repuhliea Anglorum [lib. ii. cap. 4].'' The House of Commons, as I have said, was very jealous of the power and authority of the Council, and fre- quently petitioned against it.^ During the reign of Eichard II. these petitions seem to have had no result. ' The politic Henry IV. evaded the petitions or qualified his consent so as to render it unavailing. The attempts of the Commons were equally unsuccessful during the reign of Henry V. ; but in the next reign the authority, which had been so long contested, seems to have been in some degree settled and confirmed by parliamentary sanction.' ' In the eighth year of that reign (1429-30) it was laid down that, of those causes determinable at common law, the only ones to ' ' On the Origin of the Jews in land, had to deposit their starra, or England ' ; Archceologia, vii. 389. It as we might say, register tlieir bills is only fair to mention that Black- of sale, since starrum is excellent stone's theory has found favour in Anglo-Hebrseo-Latin for a written the sight of Prof. F. W. Maitland. bond or covenant.' English Tllus- ' Star Chamber ; so called, says trated Magazine, 1883, p. 11. Prof, popular etymology, because the roof Dicey on the other hand supports must have been adorned with stars ; the starry ceiling theory, so called, thinks erudition, because ^ Bot. Pari. iii. 267. in this part of the old Exchequer ' Bruce. Bot. Pari. iv. 201, 343 ; the Jews, not yet expelled from Eng- v. 407, C 1 fintrotiuction be tried before the Council, that is, in the Star Chamber, were those ' in which the complaint was against a man of great influence, or the suitor was too poor to prosecute his cause in the inferior courts, or in which the Council saw other reasonable cause.' ^ In theory this was excellent ; to protect the lowly against the great, the poor against the rich, was an endeavour which all were likely to praise. But the Council were the sole judges of what constituted ' other reasonable cause,' and they put a very elastic interpretation on that rather ambiguous phrase. It was in this way that the unscrupulous ministers of despotic princes were enabled to use this Court aa a tremendous weapon against their political opponents. In the reign of Henry VII. an Act of Parliament was passed which defined certain offences which were to be tried before the Council. These offences were : 1. Maintenance. 2. Giving of liveries. 3. Having retainers. 4. Imbracery. 5. The receipt of money by jurors. 6. Certain misdemean- ours in Sheriffs. 7. Eouts and riots. Many writers have thought that this Statute (3 Hen. VII. cap. 7) created the Court of Star Chamber. That this is an error I think is apparent from what I have already said. ' That the powers given by the Act of 8 Henry VII. were exceeded, is stated in 16 Charles I., cap. 10,^ but in fact Henry's statute seems neither for good nor for bad to have exerted influence over the growth of the Star Chamber. The judges in that Court were the whole of the Council. The crimes punished by it consisted of many others than those enumerated in the Act. The penalties inflicted were not those assigned by the statute.'^ The following early instances of the Star Chamber as a Court of Justice are quoted from Hudson [p. 15 et seg'.J. ' Temp. H. 6 ; One Danvers was there purged of the ' Bruce. - The Act abolishing the Star Chamber. ' Dicey. Jntroljuction li razure of a record by these words, in camera stellata consilii regis, and he which did raze it sentenced for the same. And Ralph Lord Cromwell was attempted to be slain by one Talhoys, and a multitude of others, sitting in council in the Star Chamber at Westminster ; and in 31 TI. 6 the same Ralph Lord Cromwell was there acquitted for accusation of suspicion of treason made against him by one Colson a priest. ' And after H. 6's successor, being E. 4, being assisted with his council, heard the cause of Master and poor brethren of the hospital of S. Leonard's in York against Sir Hugh Hastings, Wormerdel, and others, for a thrave of corn of every ploughland in Yorkshire, Cumberland, Westmoreland, and Lancashire ; for the which they, being very poor, were not able to sue at the common law ; or rather for that the suits would have been infinite. And another like was heard before the king and his council for the Abbot of Bury St. Edmund's against one Tristram and others of that town, for turbulent election of the aldermen, where they had no cor- poration nor head but the abbot : and it appeareth by the report of Hussey, Ch. Just. 1 H.l that E. 4 sat in the Star Chamber in conference with his lord's, and took their oaths for execution of divers laws, which, as he saith, he saw when he was attorney to king E. 4. ' And although R. 3. reigned but a short time, yet it appeareth in our Year-books that he sat twice in person in the Star Chamber ; the one time to hear the cause of the Spanish merchant ; and the other, to be resolved by the judges of three questions which he there propounded unto them.' But the English Solomon H. 7 as well before the stat. 3 H. 7. 1. as long after, kept it as an established court of settled justice, and there in person himself deliberated of great matters ; as of the intercourse of Burgundy, the marriage of prince Arthur, and the like : and many causes ' See p. 301, c2 lii jfntraUucti'on concerning titles of land were there determined, possession orderly established upon shewing their evidence, and security always taken for keeping the peace : and about the tenth, eleventh, and twelfth years of that king these cases were more often heard before the president of the council than before the chancellor, treasurer, or privy seal ; whereby it is most manifest, by the subsequent as by the precedent practice, that the Court then sat not by virtue of that statute, the president of that council not being mentioned therein, but sat as they antiently had done, and by as antient, if not more antient, authority than any court in Westminster Hall.' I may mention incidentally that ' the Court of Star Chamber ' was the only poj)ular title of the Court ; the official title was always ' The Lords of the Council sitting in the Star Chamber.' In the reigns of Henry VIII. and Elizabeth, the private business of the Court seems to have increased enormously. Part of the calendar of causes in the former reign has been printed in the Appendix to the 49th Eeport of the Deputy Keeper of the Public Eecords, and the rest is in MS. ; for the reign of Elizabeth a MS. calendar exists in four arge folio volumes. It is much to be regretted that the calendar stops here, in consequence of which the pleadings and depositions for the two succeeding reigns are prac- tically inaccessible. I know of no class of Public Eecords which give a more vivid and picturesque view of the social and domestic life of the period than the Star Chamber documents ; it is therefore to be hoped that the continuation of the calendar for the reigns of James I. and Charles I. will shortly be put in hand. No records of the Court, other than the pleadings and depositions, are known to exist. The Decree and Order Books are missing. In a Eeport of a Committee of the House of Lords in 1719 it is stated that ' the last notice Jntrotmcti'on liii of them that could be got was that they were in a house in St. Bartholomew's Close, London.' In the reign of James I. the Court does not seem to have been much abused by the ministers of the Crown, but under Charles I. it was used as an instrument for oppression of the worst kind ; and it was in this period that the Court acquired that unenviable reputation which has rendered it a by-word in English history, and which finally led to its overthrow. The cases of Hampden, Lilburne, and Prynne are typical examples. One of the first acts of the Long Parliament was to appoint a committee to inquire into the jurisdiction of the Star Chamber and in the mean time to stay all proceedings there. This was in December 1640. In March 1641 a bill for regulating the powers of the Court was read a first time. As this was not deemed sufficiently drastic, another bill was introduced a few days later entitled ' An Act for Eegulating of the Privy Council and for taking away the Court commonly called the Star-Chamber ; ' 16 Car. I., cap. 10. This bill finally passed the Commons on July 3, 1641, and shortly afterwards became law. The preamble recites part of Magna Charta and various other statutes which the Star Chamber was supposed to infringe ; section 2 gives four reasons for passing the Act, viz. : — that all causes heard in the Star Chamber can be dealt with just as well at common law ; that the reasons for the ' erection and con- tinuance ' of the Court have now ceased ; that ' the Proceed- ings, Censures and Decrees of that Court, have by Experience been found to be an intolerable Burthen to the Subjects, and the Means to introduce an arbitrary Power and Government ; ' that the ' Council-Table ' has of late assumed the power of intermeddling in civil causes, ' and hath adventured to determine of the Estates and Liberties of the Subject, con- trary to the Law of the Land and the Eights and Privileges of the Subject.' Section 4 abolished the Courts of the liv JntfoUuctioit Council of the Marches of Wales, the Council in the North- ern Parts, the Council of the Duchy of Lancaster, and the Exchequer of the County Palatine of Chester. The two former, namely, the Court of the Council of the Northern Parts, and the Court of the Council of the Marches of Wales, were branches, as it were, of the Star Chamber. They will be found mentioned several times in this volume. In their practice and procedure they were similar to the parent Court, and they were abolished, as we have seen, by the same statute. B. Constitution and Procedure. Originally the whole of the Council sat as judges, or at any rate had the right to do so. In the reigns of Henry VII. and VIII. the number attending is said to have been nearly forty. At a later date, which cannot be exactly deter- mined, only peers and Privy Councillors sat. Those peers who were not Privy Councillors discontinued attending in the time of Elizabeth.' The largest number mentioned in this volume is 19, the smallest 5. Upon some important occasions in the reign of Charles I. the attendance amounted to 24 or 26.^ The Lord Chancellor or Lord Keeper was the President.^ The Lords Treasurer, Privy Seal, High Admi- ral, and the other Privy Councillors generally sat; also the Archbishop of Canterbury and such other Bishops as were of the Privy Council ; the Lords Chief Justices of the Kmg's Bench and the Common Pleas, and the Lord Chief Baron. In addition, the Council could and did require the presence of certain other judges when it was deemed necessary, a practice which seems to have been first authorised by the statute of 8 Hen. VII. The sentence of the majority was the sentence of the Court, and the Lord Chancellor had a casting vote. ' Bruce. of assessing damages and awarding ' Eushworth, ii. 475. costs. Tliat this is an error appears ' Bruce states {loc. cit.) that tlie abundantly in the text. Lord Chancellor alone had the power Jntrotiiuttmi iv The procedure was threefold. 1. The Attorney- General could lay a written information, as was done in the Court of King's Bench. 2. The Attorney-General could complain ore temis without a written information, but this could only be done when the defendant confessed the offences laid against him. Theoretically the King or Queen was present at the sittings of the Court ; it was coram domino Rege in Camera Stellata coram Consilio ibidon.' Richard III. is said to have sat there judicially,' also Henry VII. and James I., the two 'British Solomons,' and several other monarchs as mentioned by Hudson above. In 1602, John Manningham writes as follows :— ' In the Star Chamber the benche on that part of the roome where the Queene's armes are placed is alwayes vacant ; noe man may sitt on it, as I take it, because it is reserved as a seate for the Prince, and therefore before the same are layed the purse and the mace, as notes of autority.' ^ ' The ore tenus proceedings before the Council originated either in " soden reporte," which is the phrase used in the regulations of the time of Henry VI., and which I under- stand to mean private, and probably secret, information, given to the Council; or "by the curious eye of the State and King's Council prying into the inconveniences and mischiefs which abound in the Commonwealth." ' The person accused or suspected was immediately apprehended and privately examined. If he confessed any offence, or if the cunning of his examiners drew from him, or his own simplicity let fall, any expressions which suited their pur- pose, he was at once brought to the bar, his confession or examination was read, he was convicted ex ore suo, and judgment was immediately pronounced against him.' '' 3. The procedure between private individuals was much the same as in the Court of Chancery. The plaintiff filed ' See p. 302. ' Hudson. ^ Manningham's Diary, Camden Soc, p. 53. * Bruce. ivi fintrolriiftion a bill of complaint, then the defendant put in an answer, to which he was sworn. If he refused to swear to his answer, or refused to answer at all, it was considered a con- fession of the bill, and judgment was given accordingly. The evidence was taken by interrogatories and deposi- tions. When a question of fact arose that could be more con- veniently tried at common law, the Court directed an issue to be drawn up, tried in one of the common law courts before a jury, and the verdict certified into the Star Chamber. ' When the defendant had put in his answer, the plaintiff proceeded to examine him upon written interrogatories — a practice most scandalously abused, being employed, as Hud- son admits, " like a Spanish Inquisition, to rack men's con- sciences, nay to perplex them by intricate questions, thereby to make contrarieties, which may easily happen to simple men ; " etc. To restrain this abuse Lord Keeper Bacon limited the examination to 15 articles, each containing two questions. [Lord Ellesmere further amended the practice in this respect.] If the defendant refused to answer the in- terrogatories, he was committed until he consented to do so. Pludson states that he knew some who continued in this confinement during their lives, and mentions as an instance one Thomas Ellis, who would not disclose the names of some persons set on by him to commit an outrage.' ' After the examination of the defendant the parties proceeded to examine witnesses upon interrogatories. Seven ofi'ences were usually punished in the Star Chamber: 1. Perjury, 2. Forgery, 3. Eiot, 4. Maintenance, 6. Fraud, 6. Libels, 7. Conspiracy.^ Building houses in London contrary to the various proclamations was punished here [pp. 318, 328]. The houses were generally ordered to be pulled down, which is, says Hudson, ' surely very necessary, if any thing woiild deter men from that horrible ' Bruce. ' Hudson, p. 71. Xntrotiiiftton ivii mischief of encreasing that head which is swoln to a great hugeness already.' ' In addition to cases of these classes, the Star Chamber claimed, or at any rate exercised, considerable jurisdiction in cases of disputed customs of Manors, and other cases where there was a great number either of plaintiffs or defend- ants.^ Also in controversies between merchant strangers and Englishmen, or between foreigners on both sides, restitution of ships and goods unlawfully seized, or deceits of merchants ; ^ cases between corporations, abbats and convents, mayors and commonalties, bailiffs and burgesses, ' or betwixt great and mighty men, where intrest drew malice and partaking, which was dangerous to the peace.'* The King's Almoner always sued here for the goods of felones de se, or for deodands. In addition to all these, Hudson mentions the follow- ing : — Attempts to commit certain offences, such as coining, burglary, murder, poisoning, etc. ; black mailing ; gifts from drunken men ; partiality in executing writs ; improper conduct in Justices of the Peace as such ; gaming houses ; duelling ; ' inveigling of young gentlemen, and entangling of them in contracts of marriage to their utter ruin, to which no statute extendeth.' ^ As a curious example of the extra- ordinary jurisdiction claimed by the Court, Hudson mentions that one Brent was complained of for wasting his estate in lewdness, so that ' his wife and children had not wherewithal to maintain themselves ; the Court directed the Master of the EoUs and the Under Treasurer to settle him in a course certain, and the Court ordered him to obey it.'« A good deal of miscellaneous business was transacted by the Council in the Star Chamber besides its judicial functions. Amongst other things I may mention the Pro- • Hudson, p. 108. ' Ib'.d., p. 53. ' Ibid., p. 55. * Ibid., p. 06. » Ibid., p. 108. • Ibtd., p. 108. iviii Jfntroljuction clamation of Orders in Council, the holding of the Mint Assay, and the Lord Chancellor's annual charge or address to the Judges and Justices of the Peace. The last two are illustrated in this volume ; an account of the Mint Assay will be found on page 88 ; the Chancellor's charges occur frequently, and some of them are given at considerable length, notably those in 1595 [p. 19], 1596 [p. 56], 1598 [p. 101], 1605 [p. 186], 1607 [p. 326], and 1608 [p. 867]. Great stress was laid upon the necessity for country gen- tlemen to reside at their country seats [pp. 20, 56, 106, etc.]. In 1596, the Queen commands ' all sortes of gentle- men of what sorte or qualitye soeuer. . . , presentely to repayre to there country dwellings, and there to make there eontinuall aboade' [p. 56]. In 1599, the Attorney- General is ordered to inform against all [country] gentle- men dwelling in London or Westminster [p. 106]. In 1608, the Lord Mayor is to ' make accounte what they are that lurke aboute the towne, and the Judges [are to] retorne the names of them that abyde not in there cuntrye dwell- linges & keepe hospitalitye ' [p. 868]. Vagrants are especially disliked. All inns are to be searched, ' that none lodge but one night w^oute speciall cause ' [p. 21] ; ' there marke is idlenes and wasteful! spending, for egestas et inertia are 2 cankers in the common wealthe ' [p. 57]. In 1607, the Justices are admonished to ' looke carefuUye to all seminaries ' and there Followers, & to there conuenticles ; to all vagrauntes, stronge to labor, yet idle, & like gen- tlemen in apparelle & diete, yet w*out meanes, lybeUers & deuysers of plottes ' [p. 326]. Benefit of clergy was not to be allowed more than once [p. 21]. The scarcity of corn was a constant source of anxiety. The attempts of the corn-dealers, or corn-masters, as they are often called, to ' ingross ' that commodity, that is to hold up their stock in the hope of getting an enhanced price, had to be circum- ' Seminary priests. Jutrotiuftiou lix vented somehow. Whether the dealers ever succeeded in gettmg an actual ' corner ' in grain does not appear, but apparently they were always striving after that end. In 1595 the Justices of the Peace are ordered to attend the weekly markets to ' perswade the bringing of corne to furnishe the markets.' They were also to collect money for the purchase of corn, and to sell the same at every market without profit [p. 20]. In 1608, all exportation of corn was forbidden, the customs on importation were re- mitted, and the Lord Mayor was ordered to ' make pro- uisions from forren partes ' [p. 367]. Some very curious speculations are there given as to the cause of the scarcity. Some of the directions to the Justices of the Peace are very curious : they are to look after ' th'excesse of apparrell ' among ladies of various degrees, which is called ' a pestilent canker in the Common wealthe,' causing ' the confusyon of all degrees ' [p. 57]. What the ladies said to this, or what was the effect of the Justices' interference, we are not told. In 1605, a close time is urged, for 'yonge thinges of all kindes, beinge preserued & spared, the plentie thereof is more abundante all the yeare after ' [p. 187]. The interests and welfare of the poor were well looked after, in theory at any rate. In 1598, the Assessors of the Subsidies are warned not for any cause to charge the meaner sort and disburden the better sort [p. 102]. In 1601, the Justices are charged to see ' that the sommes collected for the poore be ymployed accordinglye ' [p. 368]; in 1607, they are ' to looke carefullye to sherifes and vnder- sheriffes & there officers, whoe buye and selle the people ' [p. 827] ; and generally they are to ' exercise Justice w"' a Herculean courage ' [p. 21]. Eeferring to monopolies and the rights of pre-emption claimed by the crown, we are told that the King ' can not holde his Crowne yf he showlde loose his prerogatiue, but he woulde haue it vsed tenderlye, & to the greateste ease to his people that mighte be ' [p. 300]. ix Jntfotructioit The relation of the Judges to the Counsel practising before them in the Star Chamber seems very strange to our modern notions. A Barrister who had signed a Bill imputing perjury to certain ecclesiastical dignitaries, which was not proved, was ordered to be disbarred for seven years [p. 32]. In another somewhat similar case, the Solicitor- General was ordered to inquire whether the Counsel's name to the Bill was a forgery; if not, the Counsel was to be dis- barred for ever [p. 55]. A trivial Bill was dismissed with costs, and the Counsel who signed it was fined .€10, and debarred from all practice in the Star Chamber [p. 82]. A Barrister who had drawn certain insufficient answers was disbarred, and another, who had previously been disbarred for evil counsel, was restored to practice on his confession, penitence, and submission [p. 91]. On one occasion Lord Keeper Egerton addressed a Counsel in these terms : " You muste goe to schoole to learne more wytte ; you are not well aduysed ; you forgette yo"" place ; &, to be plaine, it is a lye " [p. 43]. ' Scenes in Court ' were not uncommon, and the ' plaintiff in person ' was as great a nuisance then as now. In the case of Lady John Eussell against the Earl of Nottingham, the plaintiff seems to have stated her case with great vigour, and the scene recalls very forcibly some famous female litigants of modern times [p. 275]. Generally speaking, the Court was not particularly chivalrous in its treatment of the fair sex. In 1596, the Lord Keeper ordered that a room adjoining the Court should be reserved for men of good account in the country, and for gentlemen ' towardes the lawe,' and should not be plagued with ' base fellowes ' and women, or other suitors, as it had been [p. 39]. In 1602, it was ordered that no woman should be a suitor in any court in her own person [p. 161]. In that case the woman, who was ' clamorous and impudent,' was ordered to be whipped. The lords on one occasion held that it was ' incredible and not to be believed ' that a Jntrotiuction ixi man would accuse himself to a woman [p. 80]. ' If an action were brought against a wife for battery, and damages given, the husband shall pay it, for two reasons ; the one that it was his folly to take such an unruly wife, the other for that it is the husband's duty to correct her ill man- ners.' ' On the whole I have no hesitation in saying that, as far as the present volume goes, substantial justice was done in the Court of Star Chamber. The number of bills dismissed shows that the Court did not hesitate to brand a groundless complaint as such, and in these cases the plaintiff was in- variably fined and sometimes imprisoned. It was laid down by the Chancellor, Archbishop, and Treasurer as a maxim of the Court, that ' it were better to acquite 20 that are guyltie, than condempne one innocent' [p. 320], and I believe that the majority of the Judges tried to act up to this excellent precept. On this point, I again quote Hudson, though I must admit he is not an altogether impartial witness. Com- plaining of the delays in the Court in his own time, he says : — ' For I dare say, if the Lords should sit every day, as they did in H. 7 and H. 8's times, and handle causes of that nature they then did, no court of this kingdom would be so replenished with causes ; so confident the people are of equality and justice there.' ^ Sir Thomas Smith in his Commonwealth (iii. 7) calls the Star Chamber ' the poor man's Court, in which he might have right without paying any money.' A word may be said here about the magnitude of the fines imposed in the Star Chamber. Bruce says : ' in early instances there was a moderation in fines ; but latterly they were inflicted in excess, not according to the estate of the delinquent, but in proportion to the supposed character of the offence ; ' ^ Hudson says that the ransom of a beggar ' Hudson, loc. cit. p. 140. ' Page 28. ' Loc. cit. p. 20. ixii Jntrolructioit and a gentleman was all one ; ' and many other writers have written in the same strain. It would seem, however, that the fines imposed by the Court were subject to ' taxa- tion.' In Appendix VII. p. 411, will be found a very remarkable document which throws a great deal of light on the practice of the Court. It is a list of fines and the sums at which they were ultimately taxed. The difference in some cases is astonishing. £1,000 is reduced to £100, £500 to £30, £200 to £10, £50 to £5. We can only assume that the delinquent had satisfied the ofiicers of the Court of his inability to paj' the larger sum, and that he was con- sequently let off with the payment of the smaller. The list is the only document of the kind that I have seen, and contains but a small number of cases, but I see no reason to doubt that the taxation of fines applied to all cases in this Court. If that be so, the apparent excess of some of the fines imposed is at once explained, and the strictures based on these fall to the ground. Some of the fines, of course, really were enormous : for example, that of £30,000 imposed on the Earl of Northumberland [p. 292 et seg.]. Still, in that particular case, most people would hesitate to say that the sentence was too heavy, assuming that the Earl was really guilty of complicity in the Gunpowder Plot. And even there the balance was pardoned after £11,000 had been paid. It is repeatedly stated, but on what authority I do not know, that the Star Chamber applied torture to its prisoners in order to extort a confession. Prof. Dicey mentions one case, that of Guy Fawkes, apparently forgetting that the Powder Conspirators were not tried in the Star Chamber at all, but before a Special Commission. It should be borne in mind that the cruelty of the Star Chamber (apart from its political oppression) was the cruelty of the times rather than of the Court, and was ' Page 224. Jntioliiution Ixiii largely due to statute law. For instance, the statute of 5 Eliz., cap. 14, punished the forgery of deeds by double damages to the party grieved, imprisonment for life, pillory, cutting off both ears, shtting the nostrils, and the for- feiture of all goods and the profits of lands for life. The punishment for brawling in churches, enacted by the statute of 5 Edward VI., cap 4, was equally barbarous. [See pp. 337, 871.J There also part of the punishment consisted in cutting off one or both ears, but the statute prudently provided an alternative in case the offender had no ears. In conclusion, I cannot do better than quote from Mr. G. W. Prothero's interesting and able article on the Star Chamber in the Encyclopcedia Britannica. ' Its procedure was not according to the common law ; it dispensed with the encumbrance of a jury ; it could proceed on mere rumour or examine witnesses ; it could apply torture ; it could inflict any penalty short of death. It was thus admirably calculated to be the support of order against anarchy, or of despotism against individual and national liberty. During the Tudor period it appeared in the former light, under the Stuarts in the latter.' W. PALEY BAILDON. 5 Stone Buildings, Lincoln's Inn. Sejit. vj., 1894. ILLUSTKATIONS West Front of the Star Ohambee, from Palace Yard ......... Frontispiece From Smithes 'Antiquities of Westminster? East Front of the Star Chamber, from the Thames To face p. xlii From Smith's 'Antiquities of Westminster .' The Interior of the Star Chamber ... „ xliv From Britton and Brayley's 'History of Westminster Palaee.' TABLE OF PEIVY COUNCILLOES AND JUDGES SITTING IN THE STAR CHAMBER.' Abbot, Geoege ; Bishop of London, 1610. He is mentioned on page 357 of tlie MS., as being present Oct. 12, 1608. It is, however, an error, as he was not appointed Bishop of London until 1610. ADMiRAii, Lord ; see Charles Howard. Altham, Sie James ; Baron of the Exchequer, Feb. 1, 1607 ; d. Feb. 21, 1617. 1608 : May 31 [Exchequer Chamber] . Andeeson, Sir Edmund ; b. cir. 1530 ; Chief Justice of the Common Pleas, May 2, 1582 ; d. Aug. 1, 1605. 1593 : Nov. 16. 1594 : Feb. 6, 8 ; May 16. 1595 : Jan. 29 ; June 3. 1596: Jan. 28, 30; Feb. 4, 11, 13; April 29; May 12, 19, 2^, 25 ; June 18, 23, 25 ; July 1 ; Oct. 13 ; Nov. 24. 1597 : Feb. 4, 9, 11 ; April 22 ; Oct 14, 19, 21 ; Nov. 9, 11, 17. 1598 : May 24 ; June 30 ; July 6 ; Oct. 11. 1599 : May 16, 18 ; June 13, 22, 28. 1600 : Feb. 6 ; April 18 ; May 28 ; June 4 ; July 6 ; Oct. 10,15. 1601: Junel7. 1602: April 28; May5,7, 12; June9, 11, 16, 18 ; Oct. 13, 15, 20, 22 ; Nov. 30. 1603 : May 13, 18, 20, 27 ; June 1, 3. 1605 : Feb. 13. Banceoft, Richard ; Bishop of London, 1597 ; Archbishop of Can- terbury, 1604 ; d. Nov. 2, 1610. 1600 : Feb. 6 ; Oct. 10, 15. 1601 : June 17. 1602 : April 28 May 5, 7, 12 ; June 9, 16, 18 ; Oct. 13, 15, 20, 22 ; Nov. 30 1604 : Oct. 10, 12, 17, 19. 1605 : Feb. 13 ; April 19, 24 ; May 1 3, 5, 10, 14; Oct. 11, 16, 23; Nov. 8, 13, 15, 20, 22. 1606 Jan. 31 ; Feb. 5, 13 ; May 9, 14, 16, 30 ; Jime 3, 27 ; Nov. 7 19, 21, 26, 29. 1607 • Jan. 28 ; April 24, 29 ; May 1, 6 ; June 10 Oct. 23, 28 ; Nov. 4, 6, 13, 18, 20, 27. 1608 : Oct. 12 ; page 372 Nov. 9. 1609 : Feb. 14. Blount, Sie Charles, K.G. ; 8th Baron Mountjoy ; created Earl of Devonshire, July 21, 1603 ; d. April 3, 1606. 1604: Oct. 10, 12, 17, 19. 1606: Feb. 13; May 1, 3,5,10,14. 1606 : Jan. 27. ' In this table the year is treated as beginning on January 1. d ixvi 3raI)Ie of Councillors mxH SutifffS Brooke, Sir William, K.G. ; 10th Baron Cobham ; suoceecled 15j8 ; d. March 6, 1597. 1596 : April 29. , Bruce, Edward ; h. cir. 1548 ; Master of the Bolls, May 18, 1G03 ; created Baron Bruce of Kinloss, July 8, 1604 ; d. Jan. 14, 1611. 1605 : Feb. 13 ; May 14 ; June 16. 1609 : Feb. 14. BuoKHURST, Lord ; see Thomas Saokville. BuRGHLEY, Lord ; see Thomas Cecil, WilUam Cecil. C^SAR, Sir Julius; b. 1557; Chancellor of the Exchequer, k])vi\ II, 1606 ; Master of the Bolls, 1614 ; d. April 18, 1636. 1607: Oct. 14, 16, 21, 23, 28, 30 ; Nov. 4, 6, 13, 18, 20, 27. 1608 : Jan. 27 ; Oct. 12 ; page 872 ; Nov. 9. 1609 : Feb. 14. Canterbury, Archbishop of ; see Eichard Bancroft, John Whitgift. Carey, Sir George, K.G.; 2ndi Baron Huns don; succeeded July 28, 1596; Lord Chamberlain of the Household ; d. Sept. 9, 1603. 1598 : July 6. 1599 : May 16. Carey, Sir Henry, K.G. ; created Baron Hunsdon, Jan. 13, 1559 ; Lord Chamberlain of the Household ; d. 1596. 1593: May 16. 1594: Feb. 8. 1595: June 3. 1596: May 21; June 23 ; July 1. Cecil, Sir Bobbrt ; Secretary of State and Chancellor of the Duchy of Lancaster ; Master of the Wards ; created Baron Cecil of Essendon, May 13, 1603 ; created Viscount Cranhorne, Aug. -20, 1604 ; created Earl of Salisbury, May 4, 1605 ; Lord Treasurer, 1608 [p. 331] ; d. May 24, 1612. 1594: Jan. 30; Feb. 6. 1595: July 4. 1596: Feb. 6, 11. 1597 Oct. 14. 1598 : June 80. 1600: May 28. 1601 : June 17. 1603 May 18 ; June 3. 1604 : Oct. 10, 12, 17, 19. 1605 : Feb. 13 May 1, 3, 5, 10, 14. 1606 : Jan. 27 ; June 3, 27. 1607 : Nov. 12 [Wards]. 1608 : May 31 [Exchequer Chamber]. Cecil, Sir Thomas, K.G. ; 2nd Baron of Burghley ; succeeded 1598 ; created Earl of Exeter, May 4, 1605 ; Lord President of the Council of the North, 1599-1603 ; d. Feb. 8, 1628. 1603 : May 18, 18, 20. 1604 : June 22 ; Oct. 17, 19. 1605 : Feb. ' 18 ; Oct. 16, 23, 25, 30 ; Nov. 8, 15, 20, 22. 1606 : Feb. 7 ; May 16, 28, 28, 30 ; June 8, 27 ; Oct. 31 ; Nov. 7. 160T • Jan. 28 ; May 1, 6 ; Nov. 6, 13, 18, 20, 27. fitting: m tfte ^tar Chamber ixvii Cecil, Sir William, K.G. ; Chief Secretary ; created Baron of Burghley, Feb. 25, 1571 ; Lord Treasurer, 1572 ; d. Aug. 4, 1598. 1593 : May 16. 1595 : June 3 ; July 2, 4. 1596 : Jan. 28, 30 ; Feb. 6, 11 ; April 29 ; May 12 ; June 18, 23, 25 ; Oct. 13, 15. 1597 : April 15, 20, 22 ; Oct. 26 ; Nov. 9, 11. Chamberlain, Lord ; see George Carey, Henry Carey, Tbomas Howard. Chancellor, Lord ; see Thomas Egerton. Clarke, Sir Egbert ; Baron of the Exchequer, June 22, 1587 ; d. Jan. 1, 1607. 1598 : July 6. 1599 : June 28. 1605 : Feb. 13. Clenche,. John ; Justice of the Queen's Bench, May 29, 1584 ; resigned 1602 ; d. Aug. 19, 1607. 1595 : June 3. 1596 : July 1. 1598 : July 6. 1599 : June 28. Clifford, George ; 3rd Earl of Cumberland ; succeeded 1569 ; d. Oct. 30, 1605. 1605 : May 3, 5, 10, 14. CoBHAM, Lord ; see William Brooke. Coke, Sir Edward ; born Feb. 1, 1552 ; Chief Justice of the Common Pleas, June 30, 1606 ; Chief Justice of the King's Bench, Oct. 25, 1613 ; removed Nov., 1616 ; d. Sept. 3, 1633. 1606 : July 10 ; Oct. 31 ; Nov. 5 [?]', 7, 19, 21, 26,29. 1607 : Jan. 28 ; April 24, 29 ; May 1, 6 ; June 10 ; Oct. 14, 16, 21, 23, 28, 30 ; Nov. 4, 6, 12 [WardsJ, 13, 18, 20, 27. 1608 : Jan. 27 ; May 31 ; June 4 ; Oct. 12 ; page 372 ; Nov. 9, 11. Common Pleas, Chief Justice of ; see Edmund Anderson, Edward Coke, Francis Gawdy. Common Pleas, Justice of ; see William Daniel, Thomas Foster, John GlanvUle, George Kingsmill, Thomas Owen, Thomas Walmesley, Peter Warburton. Cranborne, Viscount ; -ler Hobert Cecil. Ixviii Cable of Coimnllor^ antJ Subset Ceoke, Sir John ; born 1553 ; Justice of the King's Bench, June 25, .1607 ; d. Jan. 23, 1G20. 1608 : May 31 [Excheriuer Chamber]. Cumberland, Eabl of ; see George Clifford. Daniel, William ; Justice of the Common Pleas, Feb. 3, 1004 ; d. 1610. 1605 : Feb. 13. 1608 : May 31 ; June 16. Derby, Earl of ; see Henry Stanley. Devereux, Kobert, 2nd Earl of Essex; siicceeded 1576; d. Feb. 25, 1601. 1594: Jan. S'O; Feb. 6, 8. 1595: Jan. 29; July 4. 1536 : Jan. 28, 30 ; Feb. 4, 11 ; Oct. 13. 1597 : Feb. 4, 9, 11 ; April 20. 1598 : May 24. Devonshire, Eabl of ; see Charles Blount. Dorset, Earl of ; see Thomas Sackville. Egerton, Sir Thomas ; Lord Keeper, May 6, 1596 ; created Baron Ellesmere, July 21, 1603 ; Lord Chancellor, July 24, 1603 ; created Viscount BracUey, Nov. 7, 1616 ; d. March 15, 1617. 1595 : June 3. 1596 : Feb. 13 ; May 12, 19, 21, 25 ; June 18, 23, 25 ; July 1 ; Oct. 13, 15 ; Nov. 24. 1597 : Feb. 4, 9, 11 ; April 15, 20, 22 ; Oct. 14, 19, 21, 26 ; Nov. 4, 9, 11, 17. 1598 : May 24, 26 ; June 28, 30 ; July 6 ; Oct. 11. 1599 : May 16, 18 ; June 13, 22, 28. 1600 : Feb. 6 ; April 18 ; May 28 ; June 4 ; July 6 ; Oct. 10, 15. 1601 : June 17. 1602 : April 28 ; May 5, 7, 12 ; June 9, 11, 16, 18 ; Oct. 18, 15, 20, 22 ; Nov. 30. 1603 : May 13, 1 8, 20, 27 ; June 1,3. 1604 : June 22 ; Oct. 10, 12, 17, 1 9. 1605 : Feb. 13 ; April 19, 24 ; May 1, 3, 6, 10, 14 ; Oct. 11, 16, 23, 25, 30 ; Nov. 8, 18, 15, 20, 22. 1606 : Jan. 31 ; Feb. 5, 7, 13 ; May 9, 14, 16, 21, 23, 28, 30 ; June 3, 27 ; July 10 ; Oct. 31 ; Nov. 5 [?], 7, 19, 21, 26, 29. 1607 : Jan. 28 ; AprO 24, 29 ; May 1, 6 ; June 10 ; Oct. 14, 16, 21, 23, 28, 80 ; Nov. 4, 6, 13, 18, 20, 27. 1608 : Jan. 27 ; May 31 ; June 7, 16 ; Oct. 12 ; page 372 ; Nov. 9, 11. 1609 : Feb. 14. Ellesmere, Lord ; see Thomas Egerton. Essex, Earl of ; see Robert Devereux. Exchequer, Chancellor of ; see Julius Caesar, John Fortescue. Exchequer, Chief Baron of ; see Thomas Fleming, William Peryam, Laurence Tanfield. fitting m tht ^tar Cftnmbn* ixix Exchequer, Baron or ; see James Altham, Robert Clarke, Edward Heron, John Savile, George Snigge, John Sothertou. Exeter, Earl of ; see Thomas Cecil. Fennee, Edward ; Justice of the Queen's Bench, May 26, 1590 ; d. Jan. 23, 1612. 1595 : June 3. 1598 : July 6. 1599 : June 28. 1605 : Feb. 13 ; May 14. 1608 : May 31 ; June 16. Fleming, Sir Thomas ; b. April, 1544 ; Solicitor-Qeneral, 1595 ; Chief Baron of the Exchequer, Oct. 27, 1604 ; Chief Justice of the King's Bench, June 25, 1607 ; d. Aug. 7, 1613. 1605 : Feb. 13 ; April 19, 24 ; May 1, 3, 5, 10, 14 ; Oct. 11, 28 ; Nov. 8. 1606 : Jan. 27, 31 ; Feb. 5, 7, 13 ; May 9, 14, 16, 21, 23, 28, 30 ; June 3, 27 ; Nov. 7. 1607 : June 10 ; Oct. 14, 16, 21, 23, 28, 30 ; Nov. 4, 6, 12 [Wards], 13, 18, 20, 27. 1608 : Jan. 27 ; May 31 ; June 7, 16 ; Oct. 12 ; page 372 ; Nov. 9, 11. 1609 : Feb. 14. Fletcher, Richard, Bishop of Worcester, 1593; Bishop of London, 1594 ; Altnoner to the Queen ; d. June 15, 1596. 1594 : Feb. 6, 8. 1595 : Jan. 29. 1596 : Jan. 30 ; Feb. 4, 11 ; April 29 ; May 12, 21, 25. FoETESOUB, Sir John ; Chancellor of the Exchequer ; d. Dec. 23, 1607. 1594 : Jan. 25, 30 ; Feb. 6, 8 ; May 16. 1595 : Jan. 29 ; June 3 ; July 4. 1596 : Jan. 28 ; Feb. 4, 6, 11, 13 ; April 29 ; May 12, 19, 21, 25 ; Oct. 13, 15 ; Nov. 24. 1597 : Feb. 4, 9, 11 ; April 20 ; Oct. 14, 19, 21, 26 ; Nov. 4, 9, 11, 17. 1598 : May 24, 26; June 28, 30 ; July 6 ; Oct. 11. 1599 : May 16, 18 ; June 13, 22, 28. 1600 : Feb. 6 ; April 18 ; May 28 ; June 4 ; July 6 ; Oct. 10. 1601 : June 17. 1602 : April 28 ; May 5, 7, 12 ; June 9, 11, 16, 18 ; Oct. 13, 15, 20, 22 ; Nov. 30. 1603 : May 13, 18, 20, 27. 1605 : Feb. 13 ; AprU 19, 24 ; May 1, 3, 5, 10, 14 ; Oct. 11, 16, 23 ; Nov. 15, 22. 1606 : June 3, 27. Foster, Thomas ; b. cir. 1569 ; Justice of the Common Pleas, Nov. 24, 1607 ; d. May 18, 1612. 1608 : May 31 [Exchequer Chamber]. Gawdy, Francis ; Justice of the Queen's Bench, Nov. 25, 1588 ; Chief Justice of the Common Pleas, Aug. 26, 1605 ; d. 1606. 1595 : June 3. 1596 : July 1. 1598 : May 26 ; July 6. 1599 : June 28. 1603 ; May 18. 1605 : Feb, 13 ; Oct. 16, 23, 25, 30 ; Nov. 8, 13, 15, 20, 22. ixx CaI)U of Couunnors aitti SuDgciS Glanville, John ; Justice of the Common Pleas, June 30, 1598 ; d. July 27, 1600. 1598 : July 6. 1599 : June 28. Henneage, Sie Thomas; Vice-Chamberlain. 1593 : Nov. 16. 1594 : Jan. 25, 30 ; May 16. 1595 : Jan. 29. Herbert, Sir John ; Second Secretary of State, May, 1600 ; d. July, 1618. 1601 : June 17. 1602 : April 28 ; May 5 ; June 11, 16, 18. 1604 : Oct. 10, 12, 17, 19. 1605 : May 3, 5, 10 ; Oct. 11, 16, 23 ; Nov. 8, 15, 20, 22. 1606 : May 14, 21, 23, 30 ; June 3, 27 ; Oct. 31 ; Nov. 5 [?], 26. 1607 : June 10 ; Nov. 4, 6, 13, 18, 20. 1609 : Feb. 14. Heron, Sir Edward ; Baron of the Exchequer, Nov. 25, 1607. 1608 : May 31 [Exchequer Chamber]. Howard, Sir Charles ; 2nd Lord Howard of Effingham ; Lord Admiral, 1585 ; created Earl of Nottingham, Oct. 22, 1596 : d. Dec. 14, 1624. 1594 : Jan. 30. 1595 : June 3 ; July 4. 1596 : Feb. 11 ; Oct. 15. 1597 : Feb. 4 ; Nov. 4. 1598 : June 80. 1599 : May 16 ; June 13. 1600 : May 28. 1601 : June 17. 1602 : April 28 ; Nov. 30. 1604 : Oct. 10, 12, 17, 19. 1605 : Feb. 13 ; Oct. 11. 1606 : Jan. 27 ; June 3, 27. Howard, Lord ; probably I^ord Henry Howard, afterwards Earl of Northampton, q.v, 1595 : July 4. Howard, Sir Henry, K.G. ; created Earl of Northampton, March 13, 1604 ; Lord Privij Seal ; d. 1014. 1603: May 27; June 1, 3. 1604: June 22; Oct. 10, 12, 17, 19. 1605 : Feb. 13 ; April 19 ; May 1, 3, 5, 10, 14 ; Oct. 11, 16, 23, 25, 30 ; Nov. 22. 1606 : Jan. 27, 31 ; Feb. 5, 7, 13 ; May 9, 14, 16, 28, 30 ; June 3, 27 ; Oct. 31 ; Nov. 5 [?], 7, 19, 21, 26. 1607 : Jan. 28 ; April 29 ; May 1, 6 ; June 10 ; Oct. 14, 16, 21, 23, 28, 30 ; Nov. 4, 6, 13, 18, 20, 27. 1608 : Jan. 27 ; May 31 ; June 16 ; Oct. 12 ; page 372 ; Nov. 9, 11. Howard, Sir Thomas, K.G. ; Lord Chamberlain ; created Earl of Suffolk, July 21, 1603 ; Lord Treasurer, 1614 ; d. May 28, 1626. 1605 : May 1, 8. 1606 : Jan. 27 ; June 3, 27. HuNSDON, Lord ; see George Carey, Henry Carey. Keeper, Lord ; see Thomas Egerton, John Puckering. ^ittms in t\}t ^tar Cljambcr ixxi King's Bench, Chief Justice of ; see Edward Coke, Thomas Fleming, John Popham. King's or Queen's Bench, Justice of ; see John Clench, John Croke, Edward Fenner, Francis Gawdy, Lawrence Tanfield, David Williams, Christopher Yelverton. KiNGSMiLL, Sir George ; Justice of the Common Pleas, Feb. 8, 1559 ; d. April, 1606. 1599 : Jmie 28. 1605 : Feb. 13. KiNLOSS, LoED ; see Edward Bruce. Knollys, Sir William, K.G. ; Comptroller of the Household ; created Baron Knollys of Greys, May 13, 1603; created Viscount Walling - ford, Nov. 7, 1616 ; created Earl of Banbury, Aug. 18, 1626 ; d. May 25, 1632. 1597 : Feb. 4, 9, 11 ; April 15, 20 ; Oct. 14, 26. 1598 : May 24, 26 ; June 28, 30 ; July 6. 1599 : June 28. 1600 : April 18 ; May 28 ; June 4 ; July 6 ; Oct. 15. 1601 : June 17. 1602 : April 28 ; May 7, 12 ; June 9 ; Oct. 15, 20, 22. 1603 : May 27 ; June 1. 1604 : June 22. 1605 : Feb. 13 ; April 19, 24 ; May 1, 3, 5, 10, 14; Oct. 11, 16, 23, 25 ; Nov. 13, 15, 20, 22. 1606 : Jan. 31 ; Feb, 5, 7 ; May 14, 16, 21, 28 ; June 3, 27. 1607 : April 24, 29 ; May 6 ; Nov. 4. 1608 : May 31 ; Nov. 11. London, Bishop of : see George Abbot, Richard Bancroft, Richard Fletcher, Thomas Ravis, Richard Vaughan. North, Roger, 2nd Baron North ; succeeded 1564 ; Treasurer of the Household ; A. 1600. 1696 : Nov. 24. 1597 : Feb. 4, 9, 11 ; April 20, 22 ; Oct. 14, 26 ; Nov. 9, 11, 17. 1598 : May 24 ; June 28, 80 ; July 6. 1599 : May 16, 18 ; June 13, 22. Northampton, Earl of ; see Henry Howard. Northumberland, Earl of ; see Henry Percy. Nottingham, Earl of ; see Charles Howard. ixxii Cable of CounriUortnv Cftambfr ixxv WiLBRAHAM, SiR RoQER ; Queen' s Chancellor ; Surveyor of the Court of Wards and Liveries, Nov. 9, 1607. 1607 : Nov. 12 [Wards]. Williams, Sir David ; b. cir. 1550 ; Justice of the King's Bench, Feb. 4, 1604 ; d. Jan. 1613. 1605 : Feb, 13. 1606 : Jan. 27 ; June 3 ; Nov. 29. 1608 : May 31 ; June 16. WoLLEY, Sir John ; Latin Secretary of State, 1586. 1594 : Feb. 6, 8. 1596 : June 3 ; July 4. WooTTON, Thomas ; 2nd Baron Wootton ; succeeded 1604 ; d. April 2, 1630. 1606 : June 27. Worcester, Bishop of ; see Bichard Fletcher. Worcester, Earl of ; see Edv?ard Somerset. Yelverton, Sir Christopher; Justice of tlie Queen's Bench, Feb. 2, 1602 ; d. Nov. 1612. 1604 : June 22. 1605 : Feb. 13 ; April 24 ; May 1, 3, 5, 10, 14. 1606 : Jan. 27 ; May 9, 23 ; Nov. 29. 1608 : Slay 31 ; June 16 ; page 372. ZoucHB, Edward ; 12tli Baron Zouche of Harringworth ; succeeded 1571 ; d. 1625. 1603 : May 13, 18, 20, 27. 1604 : June 22. 1605 : Feb. 13 ; April 19, 24; May 1, 3, 5, 10, 14; Oct. 11, 16, 23, 25, 30; Nov. 8, 18, 20, 22. 1606 : Feb. 13 ; May 14, 16, 23, 28, 30 ; June 3, 27 ; Oct. 31; Nov.5[?],7, 19, 21, 26. 1607: Jan. 28; May 1,6; June 10; Oct. 14, 16, 21, 23, 28, 30 ; Nov. 4, 6, 13, 18, 20, 27. 1608 : Jan. 27 ; Oct. 12 ; page 372 ; Nov. 9, 11. 1609 : Feb. 14. in Camera ^(diata In Camera ^tellata, die Vene™, 25 Januarij, 1593, if^3-* Elizab. 36, adonque ^^resente, Sur Keeper, Archeuesque del Canterberye, Cli. Just, de Banco, Ch. Baron d'exchequer, L. Stafford, L. Bukherst, S"" Thomas Hennage vice- chamberlein, S'' John Portescue, chaunceller d'exchequer. The Attorneys in the Star Chamber are four, whose Aumneys"'^ names are : — M"^ Writington. M'' Healle ; afterwards M'' Lowman ; afterwaj-ds M' Besion ; afterwards Beere.^ W Johnes. M"' Milles ; afterwards H\idson} Clerk, M^- Milles. It was asked of M'' Writington by M"" Phillips, a Coun- biu ais- ^ ^ i ' missed as sellor at the Bar, whether, if a bill in this Court be referred "' ™^'^-«> and certified as insufficient, it ought to be dismissed the Court as a matter of course \de comvioji course'], without motion. It was answered that it ought to be dismissed with costs as a matter of course, without motion. It was moved between Lane, plaintiff, and Gardiner and ^f^ others, defendants. The case was for perjury, for this Q^™'™" that Gardiner, in the Court of Wards upon proof there I'eWury ' These subsequent names in italics have been written at different times. Hes; Jlepoi'tesi tirl Cages 1593-4 that he had sealed, subscribed and dehvered a ' senerall Jan. 25 relleasse ' to one Eyder, now dead, had deposed that it was not his deed ; and so in this Court, being heard at S' Albon's, it was ordered for the default of the plaintiff that he could not come to his books ' which were in a house in London in which seven persons had died of the plague between October last and January,^ and this was now moved to stay the hearing, but it could not prevail ; and so, on the default of the plaintiff for want of the books,' they proceeded to hear the cause. Serjeant Yelverton and Serjeant Healle with the plaintiff. It was ordered by the whole Court that Gardiner, the defendant, be dismissed by the great favour of the court. The same day Edgerton, the Queen's Attorney, moved for the committal of one now at large, but who had been before committed ; and afterwards, when one of the plain- tiff's men came to serve a writ on the defendant, the defen- dant wounded and maimed him. It was ordered by the Lord Keeper that he should be committed as before ; and Who shall there should be an order for the future that no one who was serve process a party [to any case], and no men or allies of either plaintiff or defendant, should have any warrant to serve the process of this Court, but that the men of the Warden of the Fleet alone [should serve process]. To this it was objected by the officers in Court that it was impossible for the Warden of the Fleet to have sufficient men to serve all the processes out of this Court, and that in some cases no one dare serve process but some of the plaintiff's men. So Milles ^ was ordered to find precedents in such cases, and to report them to the Court the next day. ' The word in the text is liuers; it ences to the plague at this time, seems to be used throughout the ' The plague is very hot in London MS. in the sense of ' depositions,' and other places of the realm, so and I have so translated it. The that a great mortality is expected Star Chamber depositions extant at this summer ' {ib. p. 353). See also the Public Eecord Office are mostly Cal. State Papers, Dom., Addenda, stitched up in book form. 1680-1625, p. 356. ^ See Calendar of State Papers, ' The Clerk of the Court ; see Domestic, 1591-94, for many refer- p. 1. in Camera ^tdlata 3 Jn Cantfra ^tellata, termlno Hillarij, 80 Januar., 1593-4 Elizab. 36, coram le Lo. Keeper, I'archeuesque de Canter- berye, I'erle de Essex, L. Admirall, Lo. Buckhurst, S'^' Tho. Hennage, S'' John Fortescue, S'' Eobert Cieill, Ch. Just, de banco, et Chiefe Baron. The hearmg of the case was contmued between Thomas beiqhtos Deighton and Ehn Deighton, plaintiffs, and Eobert Thorpe, deighton Sir John Munsen, deceased, and others, defendants. The mounson matters of the bill were, 1. the forgery of a will ; 2. thtj '^°'s"f publishing of two forged leases and procuring them to be antedated ; 3. the forging of two assignments and a release, and other matters ; 4. the suborning and maintenance of a juror by Sir [John] Munsen. 1. It was apparent that it was not a forged will ; the [p-2] plaintiff could not prove, as he endeavoured [to do], that his father's will was of no profit in his lifetime and [that] no executors were named [in it]. For in the will produced to the Court, with a codicil to it, the Earl of Lincoln, Sir John Munsen, and others, were named executors ; and the testator owed much more than he possessed,' and therefore there was no cause to forge a will. It was held that in law wiuwithout a will is good notwithstanding no executor be named in it ; and to speak of ' hearesaye,' and to swear, are two [different] things. 2. The leases were good notwithstanding the antedating. Antedating a deed ; for a man may antedate a deed if it be not to any man s where good prejudice or to defeat any man's right : it was not proved to the Court that they were published with the knowledge of theu- being forged ; for if any man publish a forged deed, pubucation, not knowing it to be forged, it is not punishable. It was knowledge, held by the Lord Keeper that notwithstanding it did not ™ "^"^"^ appear who forged the deed, still this Court could proceed to punish those who knowingly published such forged deeds. 3 and 4. Nothing at all was proved at the last hearing proving soliciting in her own cause by Dame Munsen, and no other maintenance or subornation. ' Fuit mult pUiis en clctte que auoyt. 4 3Le5 lUportf0 tiel CasifS 1593-4 And because it appeared to the Court that the plaintiff Deighton was guilty of many heinous offences, as detected of perjury in this Court, of the subornation of his own witnesses, of procuring one named William Heighton to be perjured in the Queen's Bench, and another of his witnesses to be executed for murder, upon which an appeal was brought before in the Bench, being a Counsellor of ' Graies Inne,' and he demurred on the appeal, and thereupon was executed, and he proceeding in malice, Touched his dead father for forging a deed, and joined his mother as plaintiff in the bill with him, when it apf)eared by a certificate in Court that she did not know of this, but was greatly offended with it, and so the suit was ' malicious, vnnatural & wicked,' not only against father and mother, brother and sister, uncle and friends, and to their slander. For all these causes it was agreed by the Court, by Sir John Fortescue, the Chief Justice of the Bench, Lord Defendants BucMierst, the Arclibishop and the Lord Keeper, that the with costs defendants, as to all the causes mentioned in the bill, ought to be and should be in the fullest manner dismissed the Court, with their costs, according to the former precedents of Sir ' Yonge, Sir John Dauers, and others, and Fine 200Z. the plaintiff should pay a fine of £200, and be committed : against this were the Chief Baron, Sir Thomas Hennage and the Lord Admiral, alleging that the plaintiff was a gentleman, and had expended great sums in this suit, and not knowing his ability [to pay the fine] nor what his estate is, and being dubious of the precedent of the Court for fining or imprisoning in such a case. But the Lord Keeper proceeded with the sentence and gave this. For the Earl of Essexe and Sir Robert Cecill said nothing as they came late. And it was the first hour of the day, so Blunt, Merrike and I went to dinner at Bilbye's, the Sub-Chancellor of the Lord Keeper Excliequcr. By Blunt : it is apparent that the Lord thence ataM Keeper can give sentence by himself, notwithstanding it be ' Blank in MS. Should be John ; see p. 9. in Camera ^tdlata 5 against the whole Court, for the Lord Keeper, the Lord Treasurer and the Lord Privy Seal are the sole judges in this Court, and the other barons and lords are but assis- tants to them. Which is not the law, as I believe, for it pro- ceeds by the majority of voices, not by experience. Blunte [said that] to ' forswear ' is to do so in common talk, but ' perjury ' is to be perjured in a Court of Record. And it was asked by a Counsellor at the Bar if the ancient order that the bill or answer should not exceed eighteen sheets and that in that case [the party] should pay the costs, [was in force,] and by another [Counsellor] if a frivolous bill of no value as of a ' cap-case doblet ' ' should be preferred in this Court, if it is allowalile or not. Answer : The first in some [p. 3] cases is observed, in others not. As to the last question of a bill containing frivolous things, slanderous or malicious, or things of no value, in all these cases the Court should dismiss them with costs. hX Camera ^trllata, Die Mercurij 6 Februarlj, 1593-4 1593, Elizab. 36, [1593-4,] termino Hillarij.^ Feb. 6 Parsons Herne Perjury One Parsons, a 'hosteler,' plaintiff, against Herne,' de- fendant, a Bencher of ' Lincolne's Inne,' for perjury and misdemeanour, argued by the Counsel for the plaintiff, but not answered by the defendant's Counsel, but adjourned to the next day. It was moved by the Lords how these words should be understood when a man testifies in his deposi- tion ^ that such a man swore or had said ' these wordes or the like in effecte.' By the Lord Keeper : no bill could be wordsthey judged on such uncertain words, as in this case, because the words were ' that he did depose thus or the like in effect.' On the Friday next following, the bill being declared and [about] to be heard, the Court deferi-ed the hearing ' Query. Halliwell gives as the It has not been thought necessary meaning of cap-case, ' a small tra- to repeat them every time, as they veiling case, or band-box.' What are all included in the Table at the the expression means I cannot say. end of the Introduction. ^ The names of the Councillors ' Edward Heron, present, ten in number, are here ' Tesvioigne sur son Uuer. set out in the MS. as on p. 1. G 2Lcd lUportfs! trd Ca^jfEi 1593-4 T?eb. 6 Amend- msnt with- out agree- ment, or not No base mun shall be plaintiff in this Court without good sureties No judg- ment witli- out good proof Perjury, what Suit in the Marches shall not be commenced here because of the uncertainty of the words. And Serjeant Healle, of Counsel with the defendant, had agreed that the bill should be amended, which could not be done by the order of the Court without the agreement of the parties ; and afterwards both parties agreed that a new bill should be preferred and those words amended, which the Court would not and could not do without the consent of both parties ; and, to avoid precedents in such cases, it was ordered, on the motion of the Lord Keeper, that no man of base condition, such as an apprentice, horsekeeper, or such- like, should be a plaintifi' in this Court before he had [found] suiScient surety to perform the order of the Court. And from the proceedings in this case it would appear that this Court does not give judgment without apparent, pregnant and sufficient proof. But as to the former query regarding the uncertainty of the depositions of one witness, the whole Court held against the Lord Keeper, saying that when a man deposes that ' he said these wordes or the like,' it shall be taken [to mean] ' these wordes or wordes of the like sounde; ' but when he says 'these wordes or the like in effecte' shall be understood 'the same wordes in sense and meaninge,' because no one would swear certainly or precisely to words. To this Bishop Flecher ' said that perjury is a lie with an oath.^ On seeing letters from the President of Wales,' it was ordered that no suit, commenced or pending in the Marches, should be admitted or received into this Court ; because it appears in this case that Morris was to appear before the President of the Marches, and for his contempt [in not appearing], a commission of rebellion was issued against him, and notwithstanding this, he has, this term, preferred a bill in this Court and has served a subpoena on the defendant. ' He is deacribed in the list of judges present this day, ten in number, as Do. Flecher donque euesque de worceter et ainner al Boigne, et ore euesque de Londres. He was not appointed Bishop of London until December 20, 1594, so that this part of the manuscript is evidently written up from notes. ■' Periuria est mendacium cum iuravicnfo. '■' The President of the Court of the Marches of Wales. Ill Camera ^tellata 7 5n Camera ^tellata, 8° Februar., die Veneris, Elizab. 36, termino Hillarij, [1593-4].' 1593-4 Feb. 8 The former cause between Parsons and Heme ^ and pabsons, pi. Bleyford, who is now dead and so no cause to proceed deft, against him. But the cause was sentenced as follows. First, the charges were perjury, in giving evidence to a perjury ana jury in the Queen's Bench [in banco Regis'] and of this [there demeanours were] two or three parts, as usurious taking of interest, &c., another misdemeanour when he was attached by process in the Bench, refusing contemptuously to appear, and on attachment against him, he procured interrogatories from the officer of the court, and, having had a conference with the defendant Sleyford, he wrote his answer and gave it to Sleyford, &c. This cause was three days in hearing, and at the end the Court thought that nothing was proved against Heme as to the perjury, although Weymarke (who was the man who had maintained Parsons' suit against Heme) had complained in Parsons' name so that he himself might be a witness, and has deposed directly against Heme, and Heme against him, but it was not read, but by the clear opinion of all the Court, he being the defendant and [there being] no deceit, it could be read and good credit given to it. Exceptions were moved against Wey- marke, because if he recovered in this action he would again be interested in his land which he had sold to Sleyford. On which contract arose one part of the perjury, whether the sale was conditional or absolute, it being proved to be con- ditional, they forced an oath from Heme that it was an absolute bargain. As to the misdemeanour, the Chief Justices of both Benches held it clear that any man may, either by order of Court or by consent of the parties, procure interrogatories out of Court, and write his own answer. And so it was proved viva voce by one Felle, an officer of the Bench, that Weymarke's man had consented to the interrogatories being delivered to Heme ; and Sleyford en- ' Ten Connoillors were present, including the Earl of Essex and the Lord Chamberlain, who left before sentence was given, 2 See p. 5. ^t^ 3XrporUs Ufl Cages 1593-4 Feb. 8 If Interro- gatories are delivered to a witness by consent, it is good * Gumming date ' [P-5] Tliree days in liearing Rash deposins condemned, but de- fendant acqmtted Heme clearly acquitted treated Heme, who was ill and doubtful if he Avould be alive the next term, to give him his answers in writing, which Heme did, praj'ing Sleyford not to suffer them to be read by anyone but to deliver them again to him, but if he, Heme, died, then Sleyford was to use them for his own good. "VYhichwas allowed by the whole Court, and some of them had done the like. And also a deed was shown to the Court which was penned by Serjeant Harris and his hand [set] to it, and perused by Heme of counsel with Sleyford, in which the lands now demanded were granted by Sleyford to Weymarke, and in the same deed other lands previously sold were recited : and then follows ' he enfeffes, grauntes, &c., all his righte, intereste, &c., in the sayd premisses,' where it ought to be ' in the same premisses.' Valde good shift, and some oversight of Heme's. In the same deed bearing date of 9 May, 35 Elizab. '92, follows a proviso that Weymarke should pay on a certain day certain money and so have back his land, which [deed] was first dated ' '92 ' but afterwards ' 8 ' was put in, and so it was made ' '82,' a day past before the date, so that Weymarke should have his land back and give nothing for it, a shiftinge device and without any good intent. But on the whole matter the cause continued three entire days and was argued at length with divers crossing of the Counsel at law, which was checked by the Court ; the Court went to sentence as follows. John Fortescue, knight ; checked Heme for his rash deposing and speaking regarding his oath, but this notwith- standing acquitted him as to the perjury and every part of it ; and also as to the misdemeanour. And so did John Woolly, knight, but he blamed Heme for giving counsel to a usurer. These two did not give any charges. Lord Anderson, Chief Justice of the Common Bench, acquitted Heme of everything and would restore his good fame in the best sort that could be, and delivered some words in dislike of what John Woolye had uttered regarding usury. The Chief Justice of the Bench also acquitted Heme of everything, and he to have restitution of his good name. m Camera ^tellata 9 He would have this done by the plaintiff'a confession in Lincoln's Inn or in this Court ; and the said Parsons to be examined who were the maintainers of this suit and if they be of ability to pay costs to Heme. Lord Buckherst said that peri'ury being the greatest ^^atwit- i. t) u o o iiesses re- offence, and that as the simplest man living ought to esteem ^p^j^'^g" [his good name] ' rather than his goods or his life, we ought f^'J^'y not to proceed to sentence this without proofs luce dariores, and witnesses oinni exceptione maiorcs. And thus he agreed in all points with the Chief Justice of the Bench. The Bishop of Worcester agreed with them, and argued some diuinitas, but the whole cause was opened by the Chief Justice of the Queen's Bench [de banco Regis]. The Archbishop agreed with them, and so did the Lord Keeper. And he ordered that, according to the precedents sir John of Sir John Yonge's and Sir John Dauers' and an Attorney's si? j?ihn° cases at St. Albans ^ term, the plaintiff, if his ability be case citea such, shall piay costs to the defendant, and shall make con- costs fession in this Court of his slanderous complaint against aefeuaaut Heme, and he shall be specially examined who were his °™^^^^'™ procurers, aiders or assisters in this suit. After sentence was given by the whole Court, the Queen's Attorney and Solicitor being present, the Attorney moved that, because this Court being the most honourable, worthy Commenaa ' '' tion of this and grave Court that ever he had read or heard of in all comt Europe, and the Judges of this Court being Councillors of the Queen, peers of the realm, and for the deciding of causes here the Queen is content for them to depart from her side. Motion by tlie Queen's therefore it will not be convenient that this Court should be counsellor costs for the abused before all others for men to wreck their malice and to Qii'=«°- spew their poison in slandering and defaming Her Majesty's subjects ; for in other Courts an action on the case will lie for slanderous words. Thus in this case the Court being detained these three days, and nothing proved against the defendant who was acquitted per totam curiam, the precedents are that [the plaintiff] shall pay a fine to the Queen. ' Something of the sort seems ne- ^ When the Court sat at St. oessary to make sense. Albans ; see p. 2. 10 2,fS aa^portes 3)el €a&t& [p. 6] 1593-4 Feb. 8 So the Lord Keeper moved for a new sentence, to which Fortescue said nothing, but Woollye and the Chief Justice of the Bencli gave a fine to the Queen, the Chief Justice of the Common Bench having gone, and so Lord Buckhurst agreed on a £40 fine, also the Bisliop of Worcester, the Arch- bishop of Canterbury and the Lord Keeper ; if it should appear that the plaintiff is of ability, or any who are pro- curers, maintainors or actors in this suit, then to be fined a greater fine to the Queen than £40 ; and imprisonment if the precedent of the Court will warrant it, as it will ut dicitur. Lord Dur IJEy's cate On the same day Lord Dudley moved -against a former order for him to pay £4 costs because his commissioners did not assemble on the day appointed, although they were on that day at Quarter Sessions. But the Lord Keeper would not admit this [to be any excuse], because [Lord Dudley] could have appointed some other day, knowing before of the day of the Sessions. And so he would not alter the former order, for by this the courses here would be infinitely delayed. 1593 Nov. 16 Fanshawe, the Mayor OF LONBON, and others V. Wrothe and others 5n Camera ^Ullata, 1593.' 16 Nouembris, An" Do" The first motion was by Phillips on behalf of Fanstowe '' of the Exchequer and the Mayor of London and others, plaintiffs, against Wrothe and others of Ware, defendants ; Healle for them. The case was for the continuance of the Eiver of Lee, leading from the town of Ware to London, without disturbance by such kind of riots as has been used these twenty years last past. And because divers of the defendants have answered but will not be sworn to their answers, [it was moved] that they be compelled to be sworn. And it was ordered by the Lord Keeper that they be sworn to their answers, and attachment will lie against them to ' Five Councillors were present. This sitting is ot earlier date than the previous ones. I have kept it here in preference to moving it into its proper place, as showing that the MS. was probably written up from rough notes. The next iive sittings are also out of their proper order, - Thomas Faushawe. in Cantfra ^tellata il compel them to answer. And these matters were referred to both the Chief Justices.' And because the bills and answers were so long, and especially the interrogatories, which were four yards of parchment, the Judges them- selves moved for a remedy for this. And the Lord Keeper ordained as a rule of Court that if any bill contains more than sixteen sheets of paper, then the plaintiff shall pay for the copying of all beyond the sixteen sheets for the use of the defendant ; and so if the answer contain more than sixteen sheets of paper, then the defendant shall pay for the copying of all beyond the sixteen sheets for the use of the plaintiff. And so of interrogatories. And if in any of those sixteen sheets the Judges report any unnecessary matter which might be comprehended in fewer lines, then the party so in default shall pay costs.^ Serjeant Yelverton moved that whereas he for the plain- tiff had named eight commissioners and the defendant had named six, of which six the plaintiff had elected two, and out of the said eight the defendant would not elect any, but took exception to all, that the Court would award an order to remedy this. Healle, one of the attorneys of the Court, to avoid this said that before this time the defendant and the plaintiff had agreed about their commissioners, and now the plaintiff prayed to have them remain their com- missioners which the plaintiff [sic ? defendant] would not allow. And therefore no order to do the contrary, but it was ordered by the Court that its order shall be observed, and it is this, that in all cases both parties are bound by the usage of the Court to name six commissioners, and each party may take exception to four of them, and to allow the two of the six or otherwise to proceed with the commission alone. And so it was ordered in this case. ' The Beport of the Lords Chief ture of Latin, French and English Justices is preserved among the in which the MS. is written : Si in State Papers. It is a very interest- ascun de eux 16 sheetes les Judges ing document, but too long to quote report ascun vnnecessary chose giiel here. See post, Appendix I. potuit esse comprehend in fewer ^ This sentence is an excellent lines, &e. example of the extraordinary mix- 12 2Lr£i i^fportfg tid Caominuvi Thesanrarium totius Anpliae. ' Heskins first aunsweares for the defend'^ for his credite for thinges done in his youth, wliich, if they showlde be exam_yned, gentlemen of Innes of Courts cl- others liaue in Camn-a ^tfllata 15 done many worse practyses ; & for his sophisticated drugges, manye Apothecaryes in the towne are in the Uke faulte ; & endeauoured to disgrace some of the wytnesses produced one the plaintiff's behalfe ; & he woulde have produced Bostoke and others viua voce for the defend*'''^ credite, but the Courte woulde not alio we it but ex assensu partiuni, who woulde not agree. Then Sergeant Yeluerton woulde haue aunsweared the forgerye of the deede, but the Lordes forced him to aunsweare firste the substance, which was the practise of poyseninge, and then the color, viz. — the forginge of the deede of the anuitie, or els to leave the cawse to the censure ' of the Cowrte. But Yeluerton preste the dependauncye and presente hearinge of one other bill, wherein the Erie was plaintiff and Edward Talbot defend- ants, conteyninge the practise of poyseninge ; and ordered by this Courte that bothe causes showlde be hearde th'one after th'other successiuely, and not censured ^ before they were bothe hearde ; but the Lordes vrged as before ; & for that the time was spente they referred the sequel to the nexte hearinge ; & the defend'^ was bounde for his appar- aunce. And it was sayd par Sur Thesorer (for that the defendante made some doubte his cause would not be censured this terme, for that this terme was very shorte), that this Courte was a Courte of state, & tyed to no time, and therefore hathe a starre fixed, and called starre chamber, of the state thereof ; & so the councell here, being the Queue's councell,^ might sit & heare waighty causes 3 or 4 dayes after the terme. Likewise he spake for lawe, that if any man will practise phisike not lycensed, if he minister to any that dye after it, he is to be indicted of felony, and suffer deathe as a felon. ' But Serg. Yeluerton assaied to ouerthrowe the bill, and that the Courte could not geue any sentence vpon it for contayninge the forging of a deede that doth not declare any estate, &c., nor euer was delyuered.' Concluded by the whole Court that in criminal cases ' Judgment. " Judged. " That is, the Privy Council. 1595 ' one wytnesse suffysetlie not,' but testes luce dariores et Jul. 2 1595 Jul. 4 [p. 9] omni exceptio)i-e maiores may bring proof. ' The nexte daye,' being Friday, 4 Jul. 95, present Lo. Keeper, Sir Jo. Puck[ering], Lo. Tresorer, S'' W" Cecill, Erie of Essexe, Deuereux, Lo. Admirall, Lo. Howarde, S'' Eobert Cecill, S'' John Wollye, S"' Job. Fortescue, Lo. Ch. Justice Popham, L'archeuesque de Canterb. Whitgift. ' Then Serg. Yeluerton and Heskins assaied to aunsweare the rest of the plaintiff's bill, and therein did vse all arte and science that the witte of man could ; & so was replyde more learnedly by the Queene's Attornie. In so muche that, vpon the hearing of the learned councell one bothe sides, the Lordes sayd themselues they were in greate suspence to which side they showld incline, at the first holding Wood the defendante altogether in faulte, and upon the aunsweare making question of Talbot the plaintiff's innocency, and yet vpon the present reply condemning Wood for a most palpable machiuilian, hie Councell pressing the courte with Circumstances of Wood's deuysing, & presumptions of speeche & letters, being all censured at the last both by the Lordes and plaintiff's counsell to be the damnable practises of Wood, in the traiterous Cariage of himselfe to his Lord and Lady and to this plaintiff. And so in shortenes^ they ended that Cawse, but referred the sentencing & cen- suring thereof to be ioyned with the nexte cause that followed, as before. bael op ' Then Phillipes proceeded to the bill wherein the Erie bdey' of Shrew[sbury] was plaintiff and Edward Talbot, his Talbot brother, defend'" & one Whitington. The matter the bill conteyned was the purpose of Edward Talbot, by the prac- tise of Wood, the defend*" in the former bille, to haue poysened the Erie, firste by gloues, & after by pocion or plaister ; which th'erle did assaye to proue by no dyrecte wytnesses but Wood, who was not allowed, but taken as infamous, and by circumstances, at the firste seeming some- ' The next Court day. '' Shortness. m Camera ^tfllata 17 what probable, but plainely aunsweared by the defendante. First, that Talbot showld insinuate into Wood's acquaintance by sending for him to Uckfeildein Sussexe, where he dwelte, and sending diners messages vnto him, by vsing his secrete aduise in many thinges, by often secrete conferences, by commending his skill and science in poysons, to poyson by smelles paulatim, and by presente dispache, a mnste daun- gerous science, by hauing conference of the state of the Erie's bodye, by moouing the procurement of an anuitie for Wood to lyue amongste them, & by gyuing him 4 spurre rj^alles ' in a purse, etc. All these & more of the like nature were very learnedlye & foreeably mooued by th'earle's councell, but all by probability, coniectures and presump- tions ; all w"*" were aunsweared w*'' greate learning, greater aduise & delyberacion, and with the greateste probability & presumptions that mighte be, and so conceaued & cen- sured per totam curiam. The particuler aunsweares to these and all other the objections mooued by th'erles Counsell, I woulde, withoute presumption, particularise and abbreuiate in wrjtinge, thoughe not with the like learninge in any degree as they were foreeably and effectuallye opened to the Courte ; but I thinke in so doinge I should loose my selfe, the grownde is to large to write throughe; for the openinge, aunswearinge & censuring of this one Cawse, forced the Lordes to sitte from 9 a clocke in the morninge vnto 6 a clocke at nighte, & neuer mooued. Th'erle's counsell endeauoured likewyse to discredite the defendante for his religion, his haughtines of minde, his prodigalitye, &c. ; to prooue which they mooued that the defend**" showld spende 10,000 marks since the deathe of his Father, being not aboue three yeres sythence ; ■' his religion, for defendinge one John Baldwin (a witnes produced one Wood's behalfe) who questioned whether there were a god ; if there were, howe he showld be knowne : if by his worde, who wrote the same ; if the prophetes & the Apostles, they were but men, et hmnanum est errare ; & such like most damnable doubtes, & not suffered to be reade in the hearinge of this Courte ; ' A gold coin, worth about fifteen shillings. ^ Since. C 1595 J>U. 4 18 iteg aseportes ht\ Casesf his haughtines of minde, that he showld saye to Wood, it was braue to be an Eaiie, & no estate sure but an Earle's, & that he could furnishe that place well, & when he trayuayled into France & Italye he was toulde he was borne to be an Earle ' & such like ; but not any one woorde hereof was proued, but wysely aunswearedby the defendante's Councell; & so conceaued per curiam. Then th'erle opened that the defend*^ showld practise & agree with Sir Edwarde Staj^le- [p lo] ton for the effecting of this poyseninge, & that he showld suborne a man of his, one of his name, to buye the gloues, & that Sir Edward Stapleton showld be a meete man so to do, for that he had in former time suborned wytnesses in this Courte ; & this pointe the Courte seemed dubious a longe time, for that Wood had procured the Erie to produce wytnesses to proue this to be the man that had boughte the gloues : insomuche that the Cowrte was forced to sende for the millener ^ and his man that soulde the gloues, who denied vpon the sight of the sayd Stapleton that he cowld be the man. All which Woode hearinge, sayd that in his Conscience he thoughte he was not the man. So the palpable asse Woode was herein condemned (after long doubtiuge,) for a verye villein & of Sathan's broode, being called Diabolos for that he is an accuser ; for it could not be imagyned that Woode, concealing this practise onely to be assured of good proofe, as he himselfe confessed vpon his oathe, but that he would haue knowne his name that boughte the gloues with him, & some wytnesse to the seallinge of the deede of th'anuitie ; of the which he did neyther ; but it was god's worke he showld be espyed in time. So the Councell one bothe sydes proceeded very learnedlye, & to the greate ad- miration of all men, & beyond all expectation. But the Queene's A.ttornie craued his silence mighte not prejudice the defend*^'* cawse, for whom he spake before, being plaintiff in the former bill, for now he could not speake for him, for that Edward Talbot was defendaunt, and for whome he would ' The prophecy was verified in bury. 1616,when Edward Talbot succeeded '' The old sense of milliner was his brother Gilbert, the plaintiff in a haberdasher, or seller of small this case, as eleventh earl of Shrews- wares. Skeat. m Camera ^tellata 19 speake but for his oathe ' ; and he proued Woode to be no schollar for that he wrote false ortography, for " proces," "prossus," whereas every schollerknowethe "proces" to come oi procedendo. Issint Woode fait Censure per totam curiam sentence (th'erle of Essexe & th'archebishopeonely excepted, for which they were checkte by Her Ma"^ afterwards), that he showlde ride from the Pleete to Westminster with his face to the horse taile, & there stand upon the pillorye, & so ride to the Fleete againe ; & another daye from thence to Chepeside, to the pillorye there ; fined to the Queene 500" ; imprisonmente at Her pleasure ; and it was mooued by the Lo. Tresorer that if Woode woulde confesse his faulte & submitte himselfe to M"" Talbot at the assises where M'' Talbot dwelte, then the 500" to be relleassed ; which then he would not doe ; but after somelonge imprisonmente he confessed that he himselfe was the onely deuiser, procurer, acter, & plotter in all this action, for the which he loste bothe his eares upon the pillorye, was slitte in the nose, sealled in the foreheade, & censured to perpetual imprisonmente. Euery one of the Priuye Counsell at the hearinge beforesayd spake liberallj'e, learnedlye and exceeding wysely, to the hole cawse and euery perticuler thereof, but to sette downe euery speciall sentence or specialty mooued, I maye not take vpon me to doe, neyther will I trouble my selfe so muche, being an infinite labor. Ideo sicfinetnfacio, 10 Julii, An" Do"' 1595. Elizab. 37.' 5n Camera ^tellata, coram Conslho ibidem, le [p-115 prochein jour apres le fine del Easter Terme, Elizab. 37, ^^^^^ j mense Junii 3°, die Martis, An° Do"' 1595.^ At the first sitting of the Court, those Justices of the Prociama- Peace who lived in and near London were ordered to appear, &c., by special order, and then the Lord Keeper, being Sir John Puckring, delivered an oration given in charge to him by the Queen herself, and devised by her [^par sa devise ' This being a criminal prose- appear for the defendant, oution, in which the Queen was ' For list of Councillors present, theoretically interested as plaintiff, fifteen in number, see Table in Intro- the Queen's Attorney could not duction. v2 20 iCfsi aafportf0 bfl Casse^ jum3 demesne'] without any direction from her Council; and it was to this intent. And it commenced with the custom of making an oration to the Justices of each county at the end of Easter or Trinity term/ ' w"'' vsage hathe of late yeeres bene discontinued, but now, considering the presents scarsitye, her Ma*'*' of her own speciall Care and regards to her louinge subiectes hathe gyuen in charge, to vs (viz. Lords Keeper and tresorer) to delyuer in this place her owne speciall direction for the redresse hereof, in the audience of such Justices as are in Towne & of other of her Judges of Circuites of Assise whome we have requyred to be here.^ Firste, for redresse of the presents wante of graine, it is thoughts good that diligence shall be vsed in the ouerlookinge of Certificates in former time made, accordinge to some former orders in that Case prouided, & the offences of Corne maisters & mongers to be punished w*** greats seuerity, & the Justices of euerj' County to meets at suery of there markets weekelye to perswade the bringing of Corns to furnishe the markets, & if needs be to vss there authoritie therein ; & allso in charitable manner they them- selues to make a somme of monie, beinge thereto assisted by all those of the better sorte w*in the shire, and therew* to buye some quantitis of Corns, & to Cawss ths sams to be soulde in euery market w*oute any manner of gaine. & for more speedier redrssss of the prsssnts scarsity, Hsr Ma*'^'' plsasurs is that all Justices of peace and all others whatso- euer shall presentely resorte vnto there Cuntrye dwellinges, there to maintaine hospitality, vpon Her Ma*'*''^ displeasure, all excuses layde aparte, except suche as are imployed in affaires concsrning Her Ma"*^'* owne person, or in any office w"*" concernethe Her selfe in speciall sorte. And for that the number of Justices of the peace are growns allmoste infinite, to the hindsraunce of Justice, th'ons trustinge so much vnto another that there are more Justicers then Justice, & as th'old saying is many times ^ multitudo ' The writer here continues in Clenche, Judges, par specioU com- nglish, probably giving the exact maundment adonque presente .' words of the Queen's charge. ' Something apparently omitted '' ' Fenner, Wamslowe, Gaudye et here. in Camera ^tdlata 21 imperatorum destruit excercitum [sic], & of these many in- sufficiente, vnlearned, negligente and vndiscreete. Her Ma*"^ therefore, like a good huswyfe looking vnto all her houshold stuffe, tooke the booke in her owne handes, & in the sighte of vs, the Lo. Keeper and Tresorer, wente throughe & noted those Justices she would have Continue in Com- mission, & whome shee thoughte not meete, & willed vs to Consyder of the reste, & that this audience showld knows this, that she would not haue any to be in Commission of the peace to serue her that showlde retaine to any other man, & ideo th'old statute of 3 H. 7 shee woulde showld be narrowly looke vnto.' Nor any that doe not lyue w*in the County, or that are not of sufEciente lyuing and Counte- naunce, thereby to be a discredite to the reste. Or that are cp- 12] vnlearned & negligente in there places, & y* the Justices of Assise showld looke narrowly vnto this, & they to remooue those that in discrecyon they thoughte not meete for the place : & the statute of retayners to be looked vnto, & bailes for Felons not baileable by lawe, there waches for the punishing of Eouges & idle persons, the searche of Innes & alehouses, that none lodge but one nighte w*oute speciall Cause, & euery one to looke wysely to the gouerne- mente of his Family, for that he is to aunsweare for euery seruaunte ; the excesse in apparrell to be punished, & for the Chastisinge of all suche offences, the Justices of peace, being now but fewe, are to excercise Justice w* a Herculean Courage ; & both they & the Judges of Assise to geue those thinges in speciall Charge at there seuerall meetinges w*''in all Counties ; & not to allowe the Clergye but once, or where it is not alloweable by lawe, for it is no piety e but wicked pitye.' ^ hi Camera ^tellata, le Maij, Eiizab. 35.3 ulyu Walter Crouche, plaintiff. Sir Walter Hungerford and ohouchis others, defendants. The case was for forging a deed, and hunger- others ' This refers apparently to cap. ^ Clergy, of course, means benefit ^ 13, ' The King's Officers or Tenants of clergy. °'^^ '' shall not be retained by Liveries ■' Eleven Councillors were present, with others.' It was repealed 3 Car. This is the earliest sitting reported I. cap. 4. in this volume. See note 1, p. 10. 22 tt^ 3^eporte£i iJfl Ca£{e£f 1593 May 16 Bill dismissed the point was the erasure of a word contained in the deed, to wit, [in the sentence] ' habenchun sibi et assignatis suis,' he erased ' assignatis ' and wrote ' heredibus.' But at the end of the hearing, (for the case was two days in hearing.) Sir Walter Hungerford was acquitted for want of proof; for Orouche could not prove that the forgery was done by Hungerford himself; and so Sir Walter Hungerford was dismissed to the common law. The Lord Keeper cited that [the words] ' to hold to him and his assigns to his own proper use and to the use of his heirs and assigns ' were adjudged in Boston's case to be an estate for life, and a fee simple in use. [p. 13] 1595 Oct. 10 5n Camn'fl ^tfllata, coram consilio ibidem, termino Michaehs, Ehzab. 37 & 38, Octobris 10, An" Do"* 1595.' Gresham V. BOOTHE and Markham Forgery Kuke,^ the Queen's Attorney, moyed first for Dame Gresham against Boothe and Markham for forgery of deeds of 500 or 600 [sic] per an. in the lands of Thomas Gresham, knight, deceased, to be deeds of 21 years past ; and he moved to have Boothe committed for not delivering up to the Court the deed supposed to be forged, as the Court formerly ordered, and to have the witnesses suppressed who were examined after publication ; and to re-examine the witnesses as to the forged deed now in Court and unknown before. All which was granted by the Court. The infant Markham, being 19 years of age, elected Thomas Morgan, knight, as his guardian ; and Morgan, having delivered up the deed to the Court, petitioned that he might be allowed to assist Markham in this suit as his guardian. The Court allowed this, but as [next] friend, and not as guardian, since Markham was not his pupil, but was of [i.e. over] the age of 14 years. A day for judgment is given in this term.' ' No names given. ' S'V Edward Coke. ' There are several references to this suit in the State Papers. See Appendix II. See also ;jcost, pp. 26, 29, 64. in Camera ^tellata 23 The Attorney informs against one Christopher Huntly att-gbn. of Boxeley in the county of Gloucester, Justice of the Peace, hdntlt, now restrained because an attaint is pending against liim and others as Juror, and against three others named Purnell, ' clothes men,' who were robbed of £390 on the 1st of February last by one Bridges and one Guildford. The hue and cry was raised, and Huntly sent his servants and horses to pursue the felons. At two o'clock the same night the said felons came to Huntly's house, and he said to Guildford, " Why come you so late. There is a robbery done. I suspecte you." Then Guildford went away, and [Huntly] took Bridge and detained him. And three or four hours after- wards, Guildford was taken and brought to him. The Purnells having come, the felons confessed the fa.ct, and delivered part of the money to Huntly, who kept the money and the felons in his own house for five or six days, and laboured with the Purnells for a composition on his giving up of the part of their money, and also for the residue. And the felons being brought by Huntly and the Parnells [sic] to two Justices, to wit, Dauers and Hayes, to be bailed, Huntly concealed their confession, and said that they were suspected ; and the Parnells said that they were like those [who robbed them] and had such horses and cloaks. Whereupon the felons were bailed on bonds of £50 each, and have now escaped. And for this matter the two Justices of the Peace were fined £1000 each by Perriam, Chief Baron, at the Assizes in the country [in pais], the felons being then indicted by the said Huntly. But because this case greatly concerns the peace of the common weal, the Lords have resolved to sentence it in this Court, the parties being examined by Popham, Chief Justice, and Perriam, Chief Baron; and so they were sentenced upon [p. u] their examinations only. And the two Justices of the Peace, not having been yet examined, are, by the order of the Court, to be examined by the Chief Justice and the Chief Baron, and they must not depart without receiving their sentence in this Court. In this matter it was agreed by all [the judges] to be the law, that if any one pursue a felon 24 iLtiS . o j counterfeiting warrants under the hands of the Lord Keeper, the Lord Treasurer, the Earl of Essex, the Lord Admiral and Sir John Wollye, for the apprehending of papists, seminaries,^ agues dei and crucifixes etc., and for conveying ' ordinaunce,' ' and for receiving money, and thus having collected divers sums and deceived the Queen's people. Nixen and Pepper have lost their ears for such offences by a former sentence of this Court. The three first have counterfeited divers warrants and afiixed the hands of the Privy Councillors, and counterfeited the seal of the Lord Admiral ; and they did separately [un aper se] inform the Lord Admirall that they could do good service to the realm and would detect one another ; and the Lord Admiral suffered them to practise together, and promised them each a reward for detecting and apprehending the other, and so suffered them to go at large, which was not lawful in him, for he should have arrested them, and then procured one to detect and apprehend the other, and not suffered them to practise. Johnson was detected that he and Anglesey (by the coercion of Johnson), counterfeited the Privy Councillors' hands, and caused himself to be [made] captain, and forged a warrant for the lodging and main- ' Eleven Councillors were present. ' That is, ' ordnance.' ' .Seminary priests. m Camera ^tellata 37 tenance of divers men ; and because the Mayor of Lancaster refused to lodge them, he boxed his ears [_il done luy blowe del eare']. The other three, wearing on their breasts a box with the Queen's arms as poursuivant [pursetiamit] within Lancashire, did threaten a priest that he had burnt a child in an oven, and for this he agreed with them and gave them £5. No evidence was produced of these matters, but all were confessed by the accused on their examination before the Attorney and the Solicitor. And so they went to sentence : — It is agreed by the whole Court that this is a great and ' heynous ' offence, and worthy to be punished with death ; and thus in the last parliament a bill was passed in the Upper House to make this felony, but the parliament being at an end, [the bill] was not made absolute. For this [offence] is the most dangerous mischief that can be, and the party cannot be satisfied for the offence against him and cannot have knowledge of it ; as the Lord Treasurer said. If my house be robbed, that is my fault, and if ray horse be stolen, that is the fault of my horse-keeper, but of the counterfeiting of my hand and seal, I cannot have knowledge, and by this he may deprive me of my life. As [it happened] in the time of Edward VI., one ' wrote divers blanks in recommendation of his secretary to the King of Prance, and subscribed them, and in one the secretary accused his master of treason to the King, and for this he would have died if he had not found his secretary, who confessed. And as to the counterfeiting of the hands of the Lord Treasurer, one has borrowed jfilOO from a merchant in Italy, and he ^ and the Lord Admiral have paid £20 to a merchant in Antwerpe for money borrowed from him on the counterfeit signatures. And so they were condemned by the whole Court. They were taken by Topcliffe, the public prosecutor of recusants and seminaries. The sentence was that Nixen, Pepper and ^^' ^^^ Ellis should stand on the pillory and lose their ears if they sentence have any, and be branded on the forehead with the letter ' Blank in MS. " The Lord Treasurer is still speaking. ^t& iiafpoiUEi titi Casts 1595-6 Feb. 11 F, and be condemned perpetually to the galleys ; Johnson the same ; but Anglesey (inasmuch as he wrote the names of the councillors through fear of a stab from Johnson), pillory and imprisonment for one year only. The Lord Treasurer moved that, inasmuch as such burnings in the ears and hands die out in a short time, they should be scarified on the balls of the cheeks with the letter F by a surgeon, and that some powder be put there to colour it, so that it would never vanish. But the others made no reply to this. 1595-6 Feb. 13 in Camera ^Ullata, Feb. coram consilio ibidem.' 13, 1595 [1595-6], Trial of the Collection for poor prisoners Interroga- tories This was the day for motions, one peremptory and the other of the Serjeants, according to their precedence [e7i antiqintije] ; but before the commencement of the Court in the Inner Chamber, Sir Eichard Martin and a jury of goldsmiths brought their ' picktes ' ^ to show the coins made two years before. And the Lords allowed the ' pictures,' ^ and the moneys, and also the trials of the metals, and there they stayed * till after dinner. It was then ordered that for every motion made on the last day of term, each motioner — that is, each Counsellor who makes a motion — shall pay 12d., to be collected by the usher for the poor prisoners in the Fleete ; and this was granted on the motion of Lord Buckhurst and Sir John Fortescue. And it was ordered that every one who is committed by this court shall not be suffered to go at large, and for this pur- pose Mr. Milles, the Clerk of the Court, was enjoined to go to the Fleete, and to view the prisoners committed there by this Court. It was ordered also on the motion of the whole Court that interrogatories shall be annexed to each com- mission that is issued, for the non-doing of this is the cause of great and frequent perjury; but when the com- mission is merely to have and take an answer, there shall ' Nine Councillors were present. ' I.e. pix. Sir Eichard Martin was Warden of the Mint. Sic. Query, murront for demtirront. lit Camfra ^tfllata 39 be no interrogatories annexed, for they cannot be made before answer is given. It was also ordered by the Lord Keeper that the empty order as to •J ^ *• "^ empty room room at the East side of the Court, ' of late inclosed w'" a doore,' shall be reserved for men of good account in the country and for gentlemen ' towardes the lawe,' and shall not be plagued [pester'] with ' base fellowes ' and women or other suitors, as it has been. A long motion was made between the Lady Paullet and PAnt.ET Sir Hughe Portman (who was made a knight when the pobtmax Queen was at the Lord Keeper's house at Cewe ') for the publishing of two testimonies \tesmoignes], but for certain reasons the Court decreed that they should not be pub- lished. Kit Camera ^tellata, 29 April, 1596, 38 EHzabeth, isse^ ^ coram consilio ibidem.^ Kuke, the Queen's Attorney, moved against three for att.-gex. slanderous words against the Lord Admiral and the Earl ssuthe of Essexe, but he proceeded only against one Smithe, on his confession, ' for spreadinge sclaunderous newes.' He laid his information under the statutes of 8 Edward I and Philip and Mary,' and [said] that without law "* the Councillors could punish these offences in this Court at their discretion. Smithe had confessed that he, being a [p-23] pressed soldier at Dover, and the news being there that the Spaniards were on the sea (which was false, for they were Hollanders and friends of the Queen), they were ' shipte,' bu as it turned out to be ' Grave Morris ' '' they were dismissed ; and he came to London, and reported that the news was throughout the soldiers that the Lord Admiral's ' shippe ' Sir John Puckering, the Lord shall report slanderous News where- Keeper, entertained Queen Eliza- by Discord may arise.' Stat. 1 and beth at his house at Kew, Decern- 2 Philip and Mary, cap. 3. ber 13, 1595. (Foss.) ' Statute-law apparently is meant. ^ Nine Councillors were present. ' Prince Maurice, Governor of the ^ Stat. 3 Bdw. I. cap. 34 : 'None United Provinces. Slanderous news 40. iLesi aafjportf£( 'ad Cages 1596 April 29 beinge search te by th'erle of Essexe & openinge divers barrelles, wherein he supposed to haue bene gunpowder, he fownde ashes, duste & sande, & therevpon he Called him Traitor, and so theye Came bothe to the Cowrte, & there th'erle of Essexe & th'erle of Cumberlande before the Queene tooke the Lord Admiralle by the Berde & sayde " ah thou Tray tor " ; & this Smithe, traueylinge by Windsor, Called at the howse of a Justice of peace thereby for drinke, and report- inge the like there, was by the gentleman himselfe appre- hended, for w"'' he was greately Commended ; & Smithe was sentenced per totam Curiam to loose one of his eares vpon the pillorie at Westminster, the other at Windsor, to be whipped, & to haue a paper one his heade Contayning the wordes, & imprisoned duringe pleasure, & fined 20", w*^** showlde haue bene farre greater but for his baseness, beinge a peasante & a boye. The Lo. Keeper, then S'' Joh. Puck- ringe, Cowld not be presente lyinge daungerousely sicke of a deade palsye.' ' AmL«5L0E*S case The same day, four were sentenced to fines of ifi5 each and imprisonment for a riot made against one Amisloe, plaintiff, ])er totam curiam,. RlDOLT'S case Eidgly, plaintiff, against others, for perjury in these words : ' He procured 4 to depose that there was suche a lease paroll agreede vpon at midsommer to beginne at Mich. foUowinge, in deposinge whereof &c., they haue committed periurye.' 1. It was moved by Phillipps that these words were not sufficient to charge him, because he had not said ' they did depose ' ; and so it seemed to the Judges. 2. Another thing that they have deposed that the said lease was sealed at Michaelmas, and so it is doubtful if it should be called ' lease ' at the first agreement or not ; it was agreed that it should be, for as the minister vouches and says in ' le Common praier booke ' that ' I take thee &c. for my wyfe from this daye forwarde &c.' and neverthe- ' He died April 30, 1596. He was succeeded in the office of Lord Keeper by Sir Thomas Egerton, the Master of the EoUs. Forgery III Camera ^Ullata 4i less that day is a day of matrimony joined. But this was referred to Lord Anderson. Jn Camera ^tellata, Wednesday, May 12, Easter ^596^^ Term, 38 Elizabeth, 1596, coram consilio ibidem.' It was moved on a new matter in Lord Dudlye's case, lohd 'O TTD L!E Y"'S before sentenced, that the offences were pardoned, but case inasmuch as this was moved at the [former] hearing, and it was then resolved that they were not pardoned, it pre- vailed nothing.^ Cause of hearing between Susan Tilman, widow, plain- tjxma.v tiff, and Edmond Tilman and Eicharde Glover, defendants, tilman ana The case was for the forgery of a deed by Eobert Tilman, and maintenance by Richard Glover by presenting a cause in Chancery on a letter received from his friend. There was no proof of the forgery, but probabilities, presump- tp-2*] tions, absurdities and inducements ; which were opened and answered briefly ; but because they were not large [?], it was ordered that the trial should be at common law as to the deed, and then this Court would proceed to sentence. Agreed to per totam curiam. Pardon for offences should be pleaded and shown in Court. The Queen's Attorney informed against Eobert Fisher a.tt.-gen. for unnatural usage of his father, and for heretical and fbheb execrable words ('that Christe was no sauioure & the gospell a fable '), for forging an order in the Chancery to gain possession and rent to himself, and interposing defendants for plaintiffs, and [forging] the Register's hand to this, ' & for wearing of dagges,' & comminge to Ser- geaxmte Healle & Mr. Crewe (being of counsell againste him) with dagges charged. For the forginge of th' order he was sentenced per totam curiam, imprisonmente,' till he sentence ' Eight Councillors were present. ' A kind of pistol. ' See pp. 27, 34. 42 iCtS MfporUS titl Cases 1596 May 12 find good sureties for his good behaviour, and :filOO fine, ' to stande vpon the piJlorye w* a paper, his eares not nailled ; & for wearing of dagges, a fine of xx" ; For wearing of them in terrorem populi dominae Reginae is punished by the lawes, excepte it be the Quene's ministers.' For the insolence to his father he was pardoned, other- wise it is punishable here ; but for his blasphemous heresy (since this Court has no jurisdiction in this matter), it was referred to the Archbishop to punish severely. And al- though there was not much testimony, yet by his outrage and impudence he was condemned. And, as the Lord Treasurer said, He who is once evil in the highest degree is always presumed to be evil, and [this man's] previous acts and subse- quent life declare his impiety. [Qid semel est malus in smnmo gradu semper presumitur esse malus, et ante acta et subsequens vita declare son impiousenes.] 1596 May 19 Marbkrt Ct.arke ami others Eiot, &o. hi Camera ^tellata, 19 May, Wednesday, EHz. 88, Easter Term [1596].' There was a case of riot and maintenance, ' erosse- billes,' Marbery against Clarke, Fishe, Jolde and others, of ' Barkeshire.' Phillippes and others for Marbery, Serjeant Healle and Hitchecocke for Clarke and the others. The manner of the riot was in a ' warrenne ' of ' Cunnies,' ^ belonging to Marbery, which he held of the Queen. Clarke and others of the town pretended there wa,s a custom to kill conies there, and this they did. Marbery coming to them, they delivered to him the Sheriff's warrant by one of his men, and he [Marbery] tore this, (which was greatly disliked by the Court,) although they told him that it was a warrant for his a.rrest ; and afterwards they delivered another warrant to him, and so arrested him. In departing from them, he was struck and beaten and wounded with ' long pike, staffe, bowe and arrowes, sworde and tarket, &c.' Whereupon a cry was raised by the women, as Marbery was being carried to his house wounded, and his men coming ' Six Councillors were present. ' Conies. m Camfra ^«IIata 43 up, he said " Kill them, kill them ; " which speech the Court considered proceeded from ' choller & paine.' And so per sentence curiam Clarke and Fishe were each fined £20 with imprison- ment. The Lord Keeper ' differed from the whole Court in his sentence, in aggravating the punishment, though this did not alter the sentence, as he said. He condemned the riot the more for the arrest, because they made the Queen's writ a colour for the execution of their malicious force ; and the Sheriff was greatly blamed because he gave notice to Marbery of the writ against him, and then took his promise for his appearance, and did not arrest him, contrary to his oath. Hitchecocke ^ was sharply rebuked all day by the Lord Keeper, with such words as these — " you must goe to schoole to learne more wytte, you are not well advysed, you forgette yo"" place, & to be plaine, it is a lye ; " and this because he enforced certain things contrary to, or not agreeing with, the depositions,' and very often he enforced matter which he conceived to make for him, but which was considered by the Court to be contrary to, and against, him. And it was adjudged that it was not maintenance for one person to prosecute a cause in the name of a town. Another cause was moved as to a perjury against [p. 25] Case of Spilman, 'iueller,''' Simpson, ' goldesmithe,' and others, simpson,' Counsel supposed Spilman to be perjured as to the value of — "" a silver fountain delivered to him. But as the estimation of this was dubious and diverse in each man's intelligence, and, as the Lord Keeper said, " A countryman would es- teem and have more use for a whetstone than a diamond," and so ("the plaintiffl was dismissed to have a trial at Buidis- "- ■*■ -• ^ missed common law ; and if an action on the statute would not lie at common law, then to receive trial here. ' At this time Sir Tliomas Eger- pearls, rubies, and other precious ton. stones, and to take up diamond ^ One of the counsel for the de- cutters, ruby cutters, agate cutters fendants. and other workmen, at her Majesty's ' Liucrs. prices. State Papers, Domestic, ■* Probably John Spilman, the Eliz., vol. ccii. No. 43. In 1.588 he Queen's Goldsmith. In 1587 he had a paper-mill, where he em- was commissioned to provide all ployed German labour. Ibid. sorts of gold, jewels, diamonds, vol. ccxvii. No. 70. 44 3les a^eport^e! Ijtl Casieei 1696 May 21 M Camera ^tellata, Friday, 21 May, Easter Term, Elizabeth 38, [1596], coram consilio ibidem.' Att.-Gen. V. KiNGE Slander of the Lord Admiral The Queen's Attorney, then Koke of the Inner Temple, informed against one Eobert Kinge for words confessed by him against the Lord Admiral, to wit, that he had heard two persons say ' in Fleetestreete dialougewise that my Lo: Admirall was come to the Courte & prooued himselfe a traitor, and his barrelles of gunpowder were mixte w* sande ' ; which two supposed men were defendants in this Court, and the said Eobert Kinge was solicitor in the cause against them in a bill touching a deed supposed to forged ; and moreover he had procured articles or interrogatories to be written by Fuller, a Counsellor of ' Graies inne,' his man, and perused by him and subscribed with his hand, one of which articles was, if any ' did knowe my Lorde Admiralle to be a traitor, yea or no ; a thinge never hearde of before, that a man of so great commaunde vnder her Ma''*, so honorablye discended,^ so trulye noble & of so worthye deserte, showld be lefte of recorde for euer that it was examyned in this Cowrte whether he were a true subiecte or no ; a Course never hearde of before, & ideo worthy of the greater punishemente.' And for these offences the said Kinge was sentenced per totam curiam ' to loose both his eares vpon the pillorie, to be whipped, & imprisoned till he Could iinde good suertye for his good behauioure, & fined 500 markes if he be of abilttye to paye it.' By the Attorney, No man is to report such news without good proof, and to no one save such as have authority to examine them and to punish, and every one who reports such news without his author and proof of it, shall be imprisoned and punished at the discretion of this Court. The article interposed and perused by Fuller was per totam curiam greatly disliked, and Fuller was ' notoriouselye rebuked ' by all, and of this the Lord Chamberlain would acquaint the Queen, and the Lord Admiral may have his action against him ; and Fuller Eight Councillors were present. Sir Charles Howard, second Baron Howard of Effingham, was Lord Admiral at this time. in Camera ^tellata 45 was ordered to attend at the ' counsell table ' after dinner to know their pleasure. By the Lord Keeper, ' " Fuller of all lawyers was the worste," ' and in this he showed no dis- cretion, to write his hand to articles that he had not perused, which was his excuse, contrary to the oath of the party. Sed quid sequitur nescio. All the Court agreed that the punishment of Kinge would be juster if it had been much greater, and by the Lord Keeper, " The laws of Edgar and Ethelbert, kings of this land before the Conquest, were that a slanderer should lose his tongue, which would have been a just judgment for this person. And among the Lidians there was a law that the slanderer should be put to great torture and then put to death. And in this Court one was pilloried and fined for a slander on Sir John Fitzjames, Chief Justice of England,' a place [office] much inferior to that of the Admiral of England. And another was pilloried for slandering Sir Eoger Chalmeley, Eecorder of London ; ^ and another for slandering a Bishop's Chancellor." Ruled per curiam that there cannot be a bill in this Court for the perjury of witnesses in a cause depending in this Court, before the cause be heard and sentenced ; And a bill so preferred was dismissed with costs. There was another case of perjury heard, but the parties were acquitted ; and the Master of the Hospital at ' Knightes mastok of bridge ' ^ (who was the plaintiff) was deposed from his place and fined for costs. For, it was laid down by the Judges, that this Court, in its discretion, may in such cases assess costs, as the Court may by statute in the cases of those who are non-suited in actions at common law. The Lord Keeper made delivery of his conceit for solicitors, and he said that he had not learned ' any lawe to allowe or to warrante them,' and that they are ' caterpillers del common iceale,' Rule of Court tp. 26] Knights- ERtDGE Hospital Pl. Perjury ' He was appointed Chief Justice of the King's Bench in 1526, and retired in 1539. Foss. ' Sir Koger Cholmley was elected Eecorder in 1535, and held the office for ten years. FosB. ' An ancient lazar-house or hos- pital. Among the records belonging to the Dean and Chapter of West- minster, is a state of the Lazar-house at Knightsbridge, as drawn up in the year 1595 by John Glassington, who was governor of the house. Mon. Aug., VI., 766. This John Glassing- ton is probably the Master referred to in the text. 46 Efsi ^atportesi "ad Cases! May 21 ^^^ maintenance would lie against them ; for at all times the laws and acts of Parliament give authority in cases necessary to make attornies, and therefore solicitors are not warrantable by any law, and therefore they should be j)unished and a remedy should be provided against them ; and he promised that he would advise as to punishment against them and to abolish and extirpate all solicitors. He gave notice to the Counsellors that he would hear causes in this Court after dinner. And so he appointed two hours for motions only. iggg Bit Camera ^tellata, 25 Malj, Ellzab. 38, termlno May 25 paschaB, 1596, le prochein ioure apres le terme, coram consilio ibidem.' Motions This was the day for motions only, for the referring of causes, dismissions and contempts. First the Attorney- General moved, then the Serjeants, and afterwards the bar, and a favourite at any time. St°* -"-^ ^^^ ruled by the Court to be the usage of the Court, that if one committed to close prison will not answer the Clerk of the Court when he goes to take his answer, it shall be held to be a confession, and he ought not to be examined ; for the former [point], the sentence in Boothe and Markham's case,''^ and on the last point, Ascoe's and the Earl of Lincoln's case.^ And the Counsellors who are practisers should be well advised as to what manner of bills, demurrers, answers, etc. they put their hands ; for the words " I hope I shall be able to proove," ought not to be contained in any bill or such record of the Court ; for the Court is to judge ac- cording to what is alleged and proved ; and in demurrer, the defendant should confess the things in the bill and demur if there should be no sufficient answer, and not speak of other things of his own knowledge. I* put a case. I showed a lease to one, and he took it from me, and refuses to deliver it again. The question was ' Eight Councillors were present. ^ John Hawarde, the writer of the ■^ See pp. 22, 26, 29. MS. = See p. 12. in Camera Stellata 47 if this could be examined in this Court or not. By the Lord Keeper, It cannot. Because the whole day was wasted in motions for dis- O'^ei- of •' Court missions, the Lord Keeper moved an ancient order of the Court, that he would write certain orders which should be perused by the Lords Chief Justices and the Attorney- General, and then be delivered to the Clerk of the Court for his observance : that the Clerk shall, in each term, deliver the names of those causes which have not been pursued for the three terms last before, and then the party to have notice that if he [? do not] appear in Court the fourth term he shall be dismissed without motion : and for the tediousness of suits, he would have the depositions ' of the Court abridged and the fees ' accustomably payde ; ' but he gave precise and strict advertisement to Counsellors at law, saying that their profession is honorable, but ' if god be not at the getting, god will not be at the spendinge ; ' and to Justices of the Peace, and in particular to one Sir Harry Knevet for bailmg one who was not bailable according to law. [p. 27] 1596 East Cosinage 5n Camera ^tellata, die Veneris, is Junij, An" Do"' 1596, termino trinitatis, Elizab. 88, coram consilio Jiiei ibidem.^ The first case was an information by the Queen's att.-gek. Attorney against one Howe, a broker, and Easte, a solicitor, h°^™,™* for ' coseninge diuers yonge gentlemen,' and procuring them to enter into bonds, statutes, recognizances and confessions of action by attorney (which bound them although under age, and which could not be avoided when they came to full age), and so of the confession of some such real action within age. They procured one Eichard Cage, the only son of one John Cage of London, Salter, and another ^ to swear in the Chancery, that they were of full age, in this manner : the said Howe and Baste drew a bill a,nd an answer to it, and wrote two ' councellers ' names to these, without ' Les bookes. ' Six Councillors were present. ' Blank in MS. 48 ilfS 3^fporte£( bel Casicsf 1596 June 18 Ceo est Jus- tice ut poena paucis mctus omnibus perueniat Att.-GtBN. V. Enrteb and Egles Forgery their knowledge, and procured Doctor Hone to write hig name to the said answer ; thus they condemned the gentle- men body and soul ; and these ' cosiners ' procured money from the ' erle Lincolne ' for the said gentlemen, and a con- dition with promise of defeasance, and a confession of the action on this and other bargains, for a 'perle looking glasse ' of £100 and ' borders ' of £120, and other mer- chandise to the value of £600, and other ' cosinages ' as appears in their confession only. For which matters they were sentenced by the whole Court to have imprisonment for a year, and to be on the pillory at Westminster, at the Temple Gate, and in Cheape side, with papers on their heads, to be whipped all through the city ' in the four terms of the year, and fined each £20. The Lord Treasurer ' would haue those y* make the playes to make a Comedie hereof, & to acte it w*'' these names, & gaue good Counsell to there Fathers, y' when theysende there sonnes to th'innes of Cowrte to haue one or too superintendentes ouer them that maye looke ouer them, & certify there Freindes of there manner of lyuinge, as by experience he hathe knowne to be commonly vsed.' By the Lord Keeper : The sentence is just ; for this is a great and common offence ; great, because it concerns all the pillars of the land and common- wealth, noble and ignoble ; common, because one William- son has a ' bedrolle ' ^ of all young gentlemen in the town. And so it was adjudged by all to be a ' greevous offence ' and worthy of death, who robbed them body and soul. The Attorney also informed against one Enster, a minister, and Egles, the Clerk of a Justice of the Peace, for the forging of passports : — against Enster for forging six passports, and Egles 73 ; which was confessed by them. They were sentenced to be pilloried at the next Assizes, to be ' whopte ' in Wilteshire, and fined each £5, and imprison- ment. And this order shall not affect the ecclesiastical jurisdiction over the minister, but he shall be ' disgraded ' and shall lose his benefice, as was moved by the Archbishop. Sur toute le citye. ' A beadroU or list. in Camn-a ^tellata 49 The cause of hearing between the Lady Eussell, plaintiff, and Lovelace and others, defendants, for riot, in this wise ; the said Lady had imprisoned two men of Lovelace's in her lodge, called the Porter's Lodge, adjoining her monastery of ', and the said Lovelace came with nine or ten men, with unusual weapons and did ' breake the doore of the porter's lodge, & w"^ an axe breake the stockes and take awaye the prisoners,' when the said Lady was at dinner. The cause came to hearing by confession, and the said Lovelace, being a Justice of the Peace, was present at the said riot ; and for this he was fined jjcr curiam :g40, sentcn and imprisonment. By the Lord Keeper : If any one be imprisoned without right and tortiously, no Justice of the [p- ^s] Peace may retake him by force on his own account^ and without bail (if he be bailable) ; and for such cases there is a writ de Hom.ine replegiando and Habeas Corpus, to remove him to some Court. And in his [the Lord Keeper's] opinion, he was not a fit or meet man to be a Justice of the Peace. By the Lord Treasurer : This Lovelace is an ungrateful man, for he and his father are greatly indebted to the said Lady and Sir Edwarde Hobbye, the chief founders of him and his ancestors. When a man comes with a good inten- tion (for Lovelace had answered ' that he came hoping to mooue the Ladye to releasse them & consente to the breaking of the stockes w* an axe and the freeing of the prisoners ') and does or consents male agere, this is punishable, and is an offence in him. liOVKNACK aod otliers Jn Camera .^tellata, 23 Junll, die Mercurii, termino i596 trinitatis, Elizab. 38, coram consilio ibidem [1596].' June 23 others The cause of hearing between Lady Davers,* plaintiff, and danvehs Sir Walter Longe, Mr. Edmond Longe, procurers and com- LoNOEami forters of a riot, and Seallman, Bosse, Hawarden, Sewell and others, defendants, for a riot, and against one Stumpe, Counsellor at Law, of the Inner Temple, for advising them, ' Blank in MS. ' See post, p. 61 and Appendix III. '' De snn teste demesne. Lady Davers or Danvers was the ' Seven Councillors were present. widow of Sir John Danvers. 50 ^t& ^(povU& titl Casffsi jfne 23 ^^^ agaiiist one Mathewes, Coroner, for extortion and mis- demeanour in his office. The offences against Mathewes were, that he, being the Coroner, and a man being killed and ' buryed 6 or 7 weekes,' directed his precept to another Hundred and not to the Hundred where the party was wounded, nor to the Hundred where he died ; and before the appearance of the Jury, he [Mathewes] went to Sir Walter Longe and had con- ference with him and his friends, the Coroner being his servant, and the man who was killed being his servant also, and he did not take the body ' oute of the earthe,' (which by law he ought to have done), but he examined witnesses, and returned the office super visum corporis se defendendo ; and because the body was infectious, through ' lyinge 7 weekes in th'earthe,' he examined witnesses and caused the inquest [to be adjourned] to the Assizes, to be better advised by the Judges there, which they did.' But the Court [of Star Chamber], because the day was wasted, and this matter having no affinity with the riot and therefore ought to be contained in another bill, awarded that another day should be determined if, on the understanding of the said cause, the Lord Keeper should think this [cause] apt to be sentenced here, for otherwise they would acquit them. The occasion and manner of this outrageous and great riot (now detested and abhorred and grievously punished, to- gether with all manner of misdemeanours) was in this wise. The said Sir John Davers (otherwise called Danvers)^ now dead, was seised of a manor in Wiltshire ; and the tenants of his manor, having a waste or common (voidable, unprofit- able and overgrown with brambles and briars, and not worth twelve [? pence] each acre), and containing 100 or 120 acres, besought the said Sir John Davers to enclose this, and to grant them common in other lands. The which was accorded them, and thereupon the said Sir John, 17 years now passed, granted to the said tenants common ' This is not verj grammatical, which they gave him. but seems to mean that the Coroner ' He has not been mentioned asked the Judges for their advice, before. in Camera ^tellata 51 in other lands and the profits of a certam wood, and en- closed the said voidable common with ditches, pales and ' quicksette hedges,' and grubbed and enriched it, so that now it is worth 13s. each acre ; and he continued in quiet possession of the said common for 17 years now passed with- out any interruption. But the said Sir John dying, the tenants conspired p''1 together to regain this enclosed common as before, and to effect this they collected a common purse, and went to Sir Walter Longe, who advised them to go to one Stumpe, dwelling within five miles of the said common, who advised them, as they informed [the Court], to go two only together and to destroy the pales, ditches and ' quicksettes,' which they did accordingly, and two only at a time went together and laboured to destroy the hedges, &c., and then another two, [and so on] to the number of 28, with bills and spades, and no weapons, and at no time but two together, and peaceably, without any force : therefore no riot. And Sir Walter Longe, three days before, at the Assizes, said, ' " You shall see the hedges, ditches & pales be pluckte downe as faste as euer they were set vp ; " ' and at the time when [the tenants] were doing this, he rode there (there being no high way), and said ' " Well done. Masters ! This is the waye. If you doe not preuayle, I will gyue you as muche lande oute of my parke ; " and " Holde together, for there was neuer multitude helde together & failled of there pur- pose." Edmond Longe to the like effecte.' And then the tenants complained by petition to the Lords of the Privy Council, who wrote to the Justices of the Peace there to examine and certify this, which they did accordingly ; and certified to the Lords a great and outrageous riot. Where- upon the Lords wrote to ' Koke, attornie generall,' to prefer a bill in this Court with care and effect, which was done accordingly. And then the tenants delivered a petition to the Queen, containing very many falsehoods and sug- gestions, which petition she delivered to the present Lord Keeper, and it was this day read in Court. Upon the whole matter, it appeared that there was a great riot, and E 2 52 ^t^ ^tpottt^ 3)^1 Ca£«t6 1596 June 23 Sir Walter Longe was the author of it : but Edmond Longe ■was acquitted, because he was a witness against him. Sir Walter Longe was condemned because his words were mutinous, and would give occasion to rebellion ; and for this he was sentenced by the whole Court. Sir Walter Longe, imprisonment and £100 fine.' Sealmann, Bosse, Hawarden, Sewell, each £100 fine and imprisonment. All the other tenants were fined 100 marks and im- prisonment. The Lord Keeper wished to have some exemplary punishment on those who preferred the said suggested and false petition to the Queen : ' For it is a sinne againste allmighty god to instille any vntrothe into her Ma*''='^ sacred eares, who delightes onely in truthe, & her hole care is that truthe, equitye & iustice showld be w* equalle hand ministred vnto all her subiectes, & therefore it is o'' partes to punishe these offences, & to kepe all Cawses from her sacred Ma"'^ that maye harbor disquiete thoughtes in her diuine breste.' tp. 30] 1896 June 25 Jtt Caintra ^ttllata, coram consllio ibidem, 25 Junii, termino trinitatis, Elizab. 38, An° Do"' 1596, die Veneris.^ There were divers causes heard, and many were not ready, such dispatch being unexpected, and such causes in which the plaintiffs were not ready were dismissed, because they had procured a day of hearing. Dean of Worcester and others Sentence There was a slanderous bill, in which Wheeler was the plaintiff (and not now ready) against the Dean of Worcester and others, who had sentenced him for incontinency ; and this bill contained 74 offences in the Dean, and others in the High Commissioners and others in authority. The Lords wished to see the depositions,^ and the next day sen- tenced the cause, a fine to the Queen, and costs and a fine to the defendants. ' £200 ' was written first. ' Liiters. Five Councillors were present. Ill Canura ^Wlata 53 Another cause of abuse and misdemeanour in this wise : Two lewd and evil men came to Justice Olenche/ in good and decent apparel, to stand bail, and named themselves (being rogues and ' raskalles ') by the names of proved and grave men, as by the name of the party now plaintiff, and thus bailed a man for a debt of SiO; and the present plaintiff was arrested for this, and imprisoned in the ' gate- howse,' and paid the debt. Of which matter he complaineth here. It was adjudged by the whole Court, that the defendant should pay a fine to the Court of £100, and the sentence costs, and the money recovered against the plaintiff, and should be imprisoned until he found sufficient bail for the discharge of this. By the Lords Keeper and Treasurer : It is a common course, and therefore odious. For it has happened on one occasion that a man has come with a ' curtizan ' or ' drabbe ' to the Common Pleas, and said that she was his wife, and so acknowledged a fine with her as with his own wife, whereas in truth she was a drab and courtesan.^ And for the danger and ' communitie ' of this, the greater punishment is necessary. It was moved by the Lord Keeper, that inasmuch as the statutes were made, in causes of riots, in order to reduce and to punish violence, by giving the Justices of the Peace in the counties authority to give possession to him who has been removed by force, and [the Justices] at the present day do, for the most part, abuse the statutes, and make this a ' color & cloke ' to remove possession from him who law- fully and peaceably has it, and to give it to their friends : but if I ^ have knowledge of them, for my part I will depose them from the Commission of the Peace without return, unless the Queen command that they be placed on the Commission [again]. 5n Camera ^tdlata, l Julii,le jourapres le terme de trinitye, Blizab. 38, An" Do"' 1526, die jovis coram con- ' One of the Judges of the Court of Queen's Bench, appointed 1584. - The bearing of this on the case is rather obscure. ' The Lord Keeper. 1596 Jiilv I and others 54 itg jiaeport^si M Cages 1596 silio ibidem, Lo. Keeper, I'archevesque de Cant., Lo. Huns- "'^ don, Lo. Buckherst, ambideux Lo. Ch. Justices, Justice Clenche, Justice Gawdy et Justice Wamslowe, per pro- clamacion in Chauncery le jour devant. [p 31] The former cause ' was opened by Phillips, in which whebmr "Wheeler is plaintiff and Dr. Willis, Dean of Worster, wonnraTOB Dr. Puritie, Chancellor, and the Eegister,^ and others, defendants. The hearing was tedious, and a slanderous libel, rehearsing all their lives, the interrogatories on the one side being 155, and on the other 1'25, and 77 witnesses were examined, interrogating things of doctrine and religion, over which this Court has no jurisdiction, and of which the Counsellor ought to be well advised, and of such tedious depositions.' And so the Court gave sentence, and vouched D. James' case for slander of him, where the party was im- prisoned, pilloried and fined 100 marks.'' Justice Wameslowe, with great learning, reprehended the tediousness of the depositions' of this honourable Court aud of such state, inasmuch as a subject could pay four subsidies, or find 20 horses furnished for the defence of the realm., rather than [pay] the charge of these depositions' ; and in the Common [Pleas ? ] the processes are called brevia, 'briefes,' for that 'they showlde be shorte, and if they conteine false, vnnecessarye or superfluous matter, he shall be amerced : ' also we have De falso clamore, ' for deceite allwayes bathe manye Collors & seekes shadowes, & there- fore conteines much frivolous matter ; but truthe is allwayes short & plane. His speache was graue, wyse & learned, politike and sauoringe of state, exceedingely well applyed to the time, & to his no smalle Commendacion.' For the fine, he, Gawdy and Clenche agree at 500 marks only to the Queen, imprisonment, and pillory ' sansnaillinge,' and the depositions ' to be withdrawn from the Court. But both the Chief Justices agreed on fines of 500 marks to the Queen, JlOO to the Dean, 100 marks to the Chancellor, 500 marks to the Piegister, imprisonment, and to be nailed to the pillory ' See p. 52. ' I.e. Registrar. ' Lhters. ' See p. 31. m Camfia ^tellata 55 in the place where the Council of Wales should be resident, and in Worster at the general Assizes ; they vouched Sir John Yonge's case, and Smithe's, fined £300. But Lord Buckhurst, being informed of the substance and good ability of Wheeler, -would increase the fines to 1000 marks to the Queen, and to the parties as before ; for on his conscience he deserved ransom rather than fine, for he was not worthy to live ; he concluded ' erudite & effectuallye, ' with admiration . Lord Hunsden agreed in everything with him. The Arch- bishop spoke entirely of his own knowledge of the plaintiff and of the defendants especially in their commendation. And he agreed with all the punishment of 1000 marks [fine], imprisonment during the Queen's pleasure, nailing to the pillory in two places, and ' ingenious confession ' of their offences, and ' to aske forgyveness ' of the parties ; and the depositions' to be withdrawn from the Court ; and the • ecclesiasticall proceedinges ' against the plaintiff not to be stayed on account of the sentence of this Court, but to pro- ceed with effect. The Lord Keeper disliked greatly the hugeness of the depositions ' of the slanderous bill, and condemned the plaintiff for a notorious villain ; and his offence is the greater in this, that he made this Court (of such authority and state that I ^ have not read nor heard of the like in the world) an instrument to publish of record his blasphemies, and to have the nobles of the land ' from her Ma"^'' syde, vpon whose sacred person they showld attende,' to hear his slanders and libels, and thus a great shame to her Majesty and to this Court. And for this he agreed to fines of 1000 marks to the Queen, £100 to the Dean, 100 marks to the Chancellor, 50 marks to the Kegister, ' imprisonmente duringe pleasure, naillinge ' at the pillory in two places, the depositions ' to be withdrawn from the record ; and he added that, for the shame done to this Court at Westminster, he should be pilloried there, or ' whipped from le Fleete : and for the Councellor whose name was to the bill, one Doynee, of Lincolne's inne, a man of the leste ' learninge of all lawyers, M'' Sollicitor [general] to examine ' Liuers. ' The Lord Keeper. ■" I.e. least. [p. 32] tion 56 %(^ ' for their base condition, and the timber to be sold for the benefit of the ]30or. If there be any ' brothelle howses,' to burn them standing, if it can be done without peril, otherwise to burn them in the fields ; and those which ' The writer of the MS., John HawarcTes. ATT.-Gen. Negoose and others Proclama- 80 iCesi ^aeportts tiel Cages 1597 Oct. 19 Smithe V. IRENMAN Misdemean- our [p 47] are beautiful and spacious edifices, to convert them into garners and storehouses for grain and other merchandise. There was a cause of hearing between Smithe and Irenman/ an attorney, on a bill and answer, by order, because he confessed to this in his answer. There was a misdemeanour in Irenman,' being an attorney in the Common Pleas, in returning a venire facias in this way : he had a venire facias returned by the Sheriff under his hand and seal, and he lost this, and procured a new one from the Clerk of the Writs, and he himself subscribed the name of the Sheriff, and put the Sheriff's seal to it ; and he justified the doing of this as the common use of many other attorneys of the Common Bench, and that in debt and trespass it is an ordinary thing that the attorney returns this without the Sheriff. By Anderson, Chief Justice of the Common Bench : But this is erroneous and worthy of great punishment, and he would examme and reform this, and it would be a virtue in Ingram [sic] to accuse them ; and " multitndo peccatorum non tollit sen- sum peccati necpoenam, sed mimdt pudorem peccatorum." ^ Another misdemeanour in Irenman ^ was in altering a panel in this way : he had the panel, and finding at the commencement of it three or four names of favourites of the defendant, he wrote other three or four in their place, and transposed them to the lowest part of the panel. And for these misdemeanours he was fined £200, im- prisonment, to have papers in Westminster Hall, confession in the Common Bench, and to be debarred from all practice as an attorney, and it was referred also to my Lord Ander- son to expel him from the Common Bench for ever. And the Lord Keeper said that this is a great offence and worthy of very great punishment, for it confounds many laws ; for the Sheriff is sworn to make good returns, and the Under- Sheriff is also sworn now-a-days, and cannot execute the office but once in three years, and he is to have a fee for each return ; and by this false return subjects are grieved ' First written Ingram. ^ This word is tloubtfnl. (n Camera ^ttllata 8i and annoyed, the sheriff and under-sheriff are deceived, and the laws of no force; " For in my opinion (he said), in debt when there is a return on the original of nichil, and on Alias and Capias of nihil, or non est inventus, [made] by the Attorney of the party, without the sheriff, and then the defendant is sued to the exigent and outlawed, he would have an action on the case against the party who made the false return, when the defendant is [a man] of substance and easily to be found." And to this the Chief Justices said nothing, but seemed to agree as to the law. Lord Anderson, Chief Justice of the Common Bench, said that every attorney of the Common Bench took an oath to reveal every falsity and misdemeanour in the returning of writs, and other things, of all attorneys of the Court, if they knew of any ; otherwise they were perjured if they did not do this. Another cause of hearing on a bill and answer, "William famng- ton's C3iS8 Farington, plaintiff, and ,' defendant. A bond was sealed by one William Farington, [the plaintiff's] third son, with additions ^ in all respects as if he was the father ; [p. 48] and the father was arrested and paid the debt. And for this he sued the obligee in this Court. And when the matter appeared, William Farington the father prayed to be dismissed without costs ; and this was allowed by the Bin ais- Court, if he would swear that he knew when he preferred out costs his bill that his son William Farington was bound to the same obligee, with all the additions ^ of his father. Another cause of hearing between Maye, plaintiff, and maye Ebden, defendant, a man of good fame and credit in Sussex, ebden and having i2200 in lands. The bill was scandalous and mot, &c. slanderous, and a defamation of the defendant, and con- ^nTtM"""^^ eerned supposed riots, and charged him in manner with ™ste';'ina* felony and other misdemeanours. Divers witnesses were foom^tta'aie examined and proved nothing at all. And therefore the p°o™"*°' cause was dismissed, the bill withdrawn from the file and can- celled, and the plaintiff was fined £40 with imprisonment. ' Blank in MS. ' This word is used in the sense of descriptions- G 82 iCesi aRfpoftesi tiel CasffS cwi'ig Sergeant Healle moved for costs of appearance on Motion attachment for contempt for non-appearance on process taoiimenton supposcd to be served, because the attachment was pro- affldavit cured on an affidavit insufficient to warrant it. The parties made an affidavit that they did not know of the process, and that it was never served on them. Wherefore it was ordered that the clerk who made the warrant of attachment on this insufficient affidavit should pay the costs of the parties who were never served with the process ; and therefore there is no contempt in them, and they shall have their costs. 1597 Oct. 21 hi Camera ^tellata, coram Consilio ibidem, die Veneris, 21° Octobris, 1597, Elizab. 39, termino Michaelis.' Smithe and others Misdemean- our Bill dis- missed Kerkam, plaintiff, Smithe and others, defendants, for misdemeanours, for this that he ^ took upon himself to deliver one hundred loads of hay (' of heye, good, sweete & marchantable, suche as Plumsted marshe dothe yeelde '). This was admitted to be the whole of the matter, and there- fore the cause was dismissed with costs ; and the Coun- sellor, Cleighton of the Inner Temple, who put his hand to the bill, was fined JIO, and debarred by the Lord Keeper from all practice in this Court. Perjury Another cause of hearing for perjury, in effect as fol- lows : in a trial at common law, relating to common pur cause del vicitiage, fourteen were sworn to prove it, and in Chancery fourteen others were sworn to prove it. And on a bill to prove them perjured, fourteen were examined in this Court, and the Court was moved if it be fit to sentence this or not, for if this Court convict any one of them of perjury, the other twenty-seven are also convicted thereof. And thereupon the Court dismissed the cause, and sus- X^ended the costs until the trial should be had at common law which is now pending ; and this trial shall be pursued ' Six Councillors and Judges were present. ' It is not quite clear who is referred to : probably the defendant Smithe. in Camera ^tellata 83 with effect, and when it is ended, the costs shall be taxed according as the trial goes to either side. [p. 49] Another cause of hearing between a poor man, Bever- bbvbklby ley, plaintiff, and another poor man, Eobert Pittes, and PiTTEsand others, defendants, for perjury, riot and fraud. The per- p^ ""rfot jury in Eobert Pittes was in this form: at a trial in »■"! fraud' Somersetshire, he deposed that one William ' the father, in 2 Elizabeth, gave a lease (which he had) by parol to his daughter, ' Jhone ' ' in marriage, whereas it was proved that the said William, the father, in 4 Eliza- beth, by his will gave the lease to his eldest son ,' with remainder to his younger son, and gave other legacies to his daughters. And the witnesses to this demise are supposed to be the witnesses to the said parol lease, who are now dead, and were also the witnesses to divers leases made by the said eldest son ; and the eldest son and his issue enjoyed the said lease, by force of the said demise, all their lives, to this day without interruption. And the daughter, ' Johne ' ,' never claimed this in her life-time, but since her death, her daughter took a husband, and they procured this Pittes to swear thus, whereas the father, William ,' disliked the marriage, and never agreed to it. And while [Pittes] swore that [the father] made this parol lease at the time of the marriage, it was proved that he was not at the marriage. And Eobert Pittes himself confessed his perjury, saying, ' For that you haue shorne me of woolles tenemente you pro- mysed me for helpinge you to this lande, 1 will goe to London & make knowne all yo'' knauerye.' As to the riot, it was in cutting and carrying the corn of this land, with force and weapons, before it was ripe. The fraud was in another, one ,' who sold the land by composition to this plaintiff for £50, and warranted it against all former sales, whereas he had sold it before to divers persons and by several diverse conveyances. Pittes was condemned of perjury, fined £40, being a sentence ' Blank in MS. fi 2 84 %t^ ^t^oi'tts tiel Cases? 1597 poor man, ' to stande one the pillorye at Westminster ■w"' one eare nailled, & at th'assizes in Sommersetshire •w*'' another eare nailled, & imprisonmente.' The others, for the riot, were suspended until their answer should be found in the Court, which was now missing. Another for the fraud and riot was fined £100, and im- prisonment, and the repayment of the money that the plaintiff had paid him, and the possession of the land to the plaintiff. By the Lord Keeper : A parol lease is a perjured lease if there was not communication before and perfect contract since, by good witnesses and for good considerations. Phillips was assigned by the Court in forma pauperis to be of the plaintiff's counsel. Sergeant Healle with the defendant in forma pauperis. The cause was tedious and intricate, the depositions ' great and very many, and because they have drawn exquisite pleas '■' in this case, the Lord Keeper greatly commended them, and encouraged others by their virtuous example. 1597 $u Curia iBeaall, Solls, 23 Octobris, Elizab. 37, Oct 23 An° Do°' 1597. In the morning, Charles Howard, Baron of Effingham, Lord Admiral of England, was created Earl of Nottingham to him and his heirs male, by Patent, and he was also made Lord High Steward of England. Camden, the Antiquary and Schoolmaster of Westminster, was made Clarencieux King of Arms. [p. 60] PaeLIA' MEN'TE. €\)t tommtmtmtnt oi t\)t Wsh Court of MEii^ab. ^arll'ainent, Monday, the 24th of October, 89 Elizabeth, Ceremony j^p, 1597. Betwecu the hours of 9 and 12 o'clock, the del ceo Knight Marshall, Sir Thomas Garrette, cleared the way, and then came the Masters of the Chancery, Dr. Hone, Dr. Stanhop, Dr. Carewe, Dr. Amye, and others, the Queen's Counsel, Flemminge the Solicitor, Kooke the Attorney, Drewe the Queen's Sergeant, the Masters of the ' Liuers. ' Query. lis oni irands pluis exquisite. m Camtra ^tellata 85 Bequests, Caesar and Herberte, the Judges of the Law, the Barons of the land, the Bishops, the Earls, the ofScers of the Household, the Lord Keeper, the Earl of Cumberlande carrying the sword, the Marques of Winchester carrying the cap, the Earl of Worster leading the ' emptye horse,' then comes the Queen, drawn in an open chariot ' by two white horses with red manes, then an ' empty ' horse and an ' emptye riche coache,' and then the ladies in their degree, upon good horses. By good report, there were 8 or 10 killed in the press. The Lord Chief Justice of Eng- land was unhorsed and in great danger. It was one o'clock before the Queen came. She heard a sermon in West- minster Church ; Watson, Bishop of Chichester, preached. The Earl of Sussexe was instituted High Marshall for this day, but afterwards the Earl of Essexe was created Earl Marshall of England. In Camera ^tfllata, coram consllio ibidem, Mer- ^p"^ 1597 curij, 26 Octobris, 1597, ter"° Mich'% EHzab. 39.^ oot26 The first cause of hearingwas betweenEdward Everarde, etobardk plaintiff, Greene and others, defendants, for riot ; and be- greene and cause the plaintiff would not make affidavit of his own — Riot knowledge, but only on report, that the process was served cause ae on the defendants 14 days before the day of hearing, and ferreper because the order for hearing did not limit any certain day, davit aepro- ^^^ serrie [the case] was delayed by the Court and a new day of Doienteste hearing had to be procured, for the course [practice] of this meln^enta Court, on the hearing of any cause, is first to read an fJviettie affidavit, or to have it sworn viva voce in Court, that pro- Kln|e cess was served 14 days before the day of hearing. Devant chescun hearing afBdavit doit este fait que proces est servie sur son science demesne Another cause of hearing was between James Eider of rideb and Yorkshire, and his 4 [sic'] sons (thus opened by counsel), t>. plaintiffs, against Hue Hare of the Inner Temple, and Sir SAviLLE,'and John Sauvelle of Yorkeshire, and others, defendants, for ^ ,— - Falsifying falsifying a verdict, riot, and other misdemeanours. Phillips, » verdict, ' Charrette. ' Nine Counoillore and Judges were present. 86 1597 Oct. 26 riots, and other mis- demeanoTirs, oppressions, &c. Parolls in- certein in bille referre deste con- syderperCh. Just, et Ch. Bar. Matter de pais et matter de recorde diversity in bille in Camera Stellata " Or to the like effect " : good matter about this [p. 52] HORE V. JoHNES and others Riot, and dis- obeying and rescue ' of warrants of Justices of Assize and Justices of the Peace Three riots and a mis- demeanour by the par- son of a church on the Sabbath day Defendants proclaimed rebels Rescue in a riotous man- ner of a war- rant for good abearing made by a Justice of Assize, and also by a Justice of the Peace iCtd aaeporteg trel CagfsJ Counsel for the defendants, moved divers uncertain points in the bill, one that he did counterfeit divers things, or to the like effect, another for the proeurenaent by Hue Hare, and [not] showing what he procured nor the time of this. And for these and other uncertainties the bill was referred to the Chief Justice and the Chief Baron, and on their report, if the bill be good, to be heard here on the 11th of November next. By the Attorney : If a bill rehearse matter in pais, which is not of record, to such or such a purpose, ' or the like in effecte,' it is not good, thus of perjury, or action on the case for slanderous or defamous words ; but where it rehearses matter of record, it ia good. The three causes of hearing between Thomas Hore, plaintiff, and Laurence Johnes, parson of a church, and Alice his wife, and others, defendants, for three several riots and a misdemeanour ; the said Laurence Johnes and his wife only have answered, and now the Court and Coun- sel proceed with them only, the others being attached upon proclamations of rebellion. A warrant for good behaviour ^ [had been] granted by Lord Anderson, then Justice of Assize there, against the [defendant ; plaintiff in MS.] Laurence Johnes ; he disobeyed this with force and arms on the Sabbath day before divine service, and wounded divers persons ; and the same the next day ; and also on another day, he in like manner disobeyed a warrant for his good " abearing " issued by a Justice of the Peace ; and at another time, he arrested the plaintiff without a warrant, and brought him within Salsebery jurisdiction, and feigned ' and devised divers actions for great sums against him. To all this [the defendant] pleaded " not guilty," but all the matters were substantially proved against him and his wife. And for these offences, Sir John Fortescue and the Arch- bishop would fine him £100, with imprisonment and restoration to the party of his damages. But by all the ' Seems to be used in the sense of resistance to. ' Per le bone abearinge. ' Feige in MS. lit Camera ^tdlata 87 others of the Court, he was fined 500 marks, imprisonment Fine sco without return in haste or enlargement, referred to the priLnment Archbishop to depose him from his degree and his ministry, targement"' and then to have exemplary punishment by the pillory with irom ms confession at the next Assizes ; and his wife £40 and im- puiory aid confession prisonment. The other defendants, who are sought for on rphewife- proclamations of rebellion, to be indicted before the Justice of ana^mpri- Assize and punished by him. Also the Lord Keeper moved s™™™' that it is a great abuse, and worthy of grave punishment. Abuse in to devise feigned actions on the case, or of felony, or great actions after arre&t treason, or such, and then to take the body of the party enaction '^ ■•- "^ on the nas( in execution, or to vex him with actions of great value. on tile case or tlie lilte Euled by the Court : If anyone arrest men by a ticket paper of paper to appear in this Court, and no process is had out out original of this Court for their appearance (which may appear by |-p jj-, the certificate of Cotton, the officer of the Court), on the affidavit of anyone so served, the party offending shall be committed to the Fleet and punished at the discretion of the Court. Be it noted as well that this Court observes strictly [the Afsaavitas ,-i/.T.,T . « ic/.T'i_to service of rulej 01 havmg the service oi process appear by aindavit, process «< otherwise they will not give credence to it. So in all causes an ceo of hearing, " Counsellers " at the bar ought to open the °''to"aui°es bill and answer truthfully as they are, without addition or °' bearing detraction, and show what is proved in the depositions \lmers\, and rely on this only, and not on any other colla- ^5J^*?J'' teral things, even where these are not only necessary, Jfjfj^;^'*'™ substantial, probable, and true ' but [also] things material and effectual ; they should move these later, ^ and refer the consideration of them to the wisdom of the Court, and never , press the Court with them. $lt Camera ^tellata, coram Consilio ibidem,Veneris, i597 ' Oct. 2 28 Octobr. '97, Elizab. 39, ter"° Mich'^3 ' voyer. ' Leinlcr. ' No names are given. wliat not 88 ^(^ Mtpoitesi ttl Casfg S28 Egerton, plaintiff, Starky and others, defendants. The egekton cause between Egerton and Starky was heard, concerning STAEKYand three riots by Starky and others; [Starky] was fined £300 others ^^^ |.j^g three several riots, and each other defendant, £20 ; and if they have not the ability [to pay], then Starky to ftoeesererai P^y all. I ' was not then in Court, but [this is] by the "°*^ report of another then present. 1597 Nov. 4 5n Camera .i'tellata, coram Consilioibidem,Yeneris, 4 Novembris, '97, EHzab. 39, ter"" Mich''.^ Perjury. The princi- pal ac- quitted, the acces- sory is dis- charged ; [also] by the death of the principal p8r]^^ror [p. 54] La Mote's Forgery, riot, and * practise ' No forgery What riot ; what not Divers causes of hearing : one of perjury against one defendant, and of subornation and procuring of the same in the other defendant. Since the publication of the depositions, the defendant against whom the perjury was charged has died ; and by the sentence of all the Court, the suborner or procurer of the perjury is discharged by the death of the perjuror. The other cause was the supposed forgery of the will of a woman, with riot and ' practise ' in one La Mote, a French preacher, and others, good merchants in Southampton. The forgery was in this manner : The preacher and the other merchants came to the woman, who was in a grievous malady and ' senceles,' and they devised a will and pub- lished it. The riot, that they, as executors, having the house, and a stranger claiming a chest and certain money in it, they ejected him by force, but without weapon or blow. The ' practise,' that the preacher and the others by colour of a will of the plaintiff's elder brother, made twenty years ago, sued an action of detinue in the Court of ' Pypowders ' ^ in Southampton, and recovered £300. And for the forgery and riot all the defendants were held ' John Hawarde, the writer of the MS. Seven Councillors and Judges were present. ' The Court of Pie-powder {pied puldreaux, a pedlar) was a Court held in fairs and markets, to ad- minister justice to buyers and sellers, and for redress of disorders committed there. See Jacob's Law Diet. m Camera ^tdlata 89 acquitted, and the bill was withdrawn from the file, and Defendants ■*■ ' ' acquitttjd ; the party who sued this by letter of attorney [i.e. the |'„''ea*J2o ;„!. plaintiff] to confess this in the congregation at South- ^onS™*'n ampton and to pay a fine of £20 to the Queen. And the |^tir^''- ' practise ' is referred to the Bishop of Winchester and Flemminge, the King's [sicl Solicitor.' The preacher was greatly commended, and certified by several of great credit to be a pious, erudite, honest and virtuous man, and (by the Lord Admiral) of a noble house in Prance. And as to the forgery they did not prove that it would benefit them- selves ; therefore Cuy bonum. And as to the riot, if a stranger come to my house and will not depart, but remain »■»'. ™d ° -^ r > good matter in it against my good pleasure, it is lawful for me to expel »* *i"= him by force. Another cause, ^ plaintiff, Smithe, attorney smithk'3 of the ' Guilde Halle en Londres,' defendant, for erasing ^-^ ' ' ^ Erasing a a record. Debt upon an obligation [bond] was sued ; and '^°^^ judgment given [on the bond], and entered by the clerk of the Town Clerk in the Sheriff's Court, and it was agreed by Wilbram, attorney for the defendant, and Smithe, attorney for the plaintiff, that, if he should show the obligation before such a day, then the judgment should be void ; and Smithe, on the ' veiwe ' of the obligation, erased the judgment and altered all the substance of it by agreement with the clerk of the Court and with Wil- [p- ^s]- bram, the attorney for the other party. It was adjudged ^^^'™tted* by the Court to be no offence in Smithe, since it was not corruption, deceit, trickery, nor fraud ; but it is not a good thing to be allowed, since the Eecords are sacred things, and cannot be altered without the Judge in Court. Euled by the Lord Keeper that when a plaintiff in this ^^tl/J"^*' Court prosecutes his case by letter of attorney and disburses tornly" Md money for the plaintiff or defendant, he shall pay costs if '^s™''*^ '""^ the case be sentenced against him. ' Thomas Fleming, Solicitor-General. ^ Blank in MS. 90 SLesi 3iatpoitf£( titl Cages 1597 Nov. i BOOTHES If a man mil not answer interroga- tories, it shall be held as a con- fession The pro- cesses of this Court In a motion by Cooke, the Queen's Attorney, between Rede and Boothes, the order of the Court is that if the defen- dant will not answer, tenetur pro confesso ; thus, if a man prefers a bill and [the defendant] will not answer it, it is not held as a confession ; but on this answer the plaintiff shall serve interrogatories, and if the defendant will not answer these, tenetur pro confesso. The processes of this Court are subpoena, attachment, proclamation of rebellion and commission of rebellion, and a pursuivant of arms [to be] one of the commissioners. 1597 Nov. 9 5n Camera J>teIIata, coram Consillo ibidem, 9 No- vembris, 1597, Elizab. 39, ter"° Michi^l Plaintiffs in forma pau- peris sen- tenced to have exem- plary pun- ishment. A man, pil- lory and papers. A woman to be whipped in Bride- well e Divers causes of hearing in which the plaintiffs "were in forma pauperisj and because they did not prove the assertions in their bill \_sic], and had no ability to pay the fine to the Court nor the costs to the party, it was adjudged by the Court that they should have corporal punishment, the one imprisonment, pillory and papers, the other, a woman, to be whipped in Bridewelle. Hearing re- Another cause of hearing was referred ' to shewe cawse ' show cause, on the next day, and habeas corpus was awarded to have Habeas cor- . ,-, ,■% j i i i • pns awarded the partv m Court on the next day, he being now m prison of a prisoner ^ in Court on an execution. Blomer's case ' Counsellor,' of the Mid- dle Temple, of no learn- ing, nor honesty, committed [p. 56] One Blomer, * Counseller del middell temple,' was re- ported by the Lord Keeper to be a man generally reputed of no learning and of no honesty, but having a volubility of speech, a great audacity and ' impudencye ' ; on affidavit made that he suborned witnesses, he was committed to the Fleet ; for it is the custom of this Court, on affidavit of disobeying process of the Court, or other proceedings, * practise,' or misdemeanour, to commit [the offender] to prison. ' Eight Councillors and Judges were present. lit Camera ^Wlata 91 ■ 5tt Camera ^tf Ilata, coram ConsiUo iWdem.Veneris, if^^i ^j 11 Novembris, 1597, Elizab. 39, ter"° Mich*^' The Attorney first moved against the engrossers of corn, against whom he proceeded by bill ; and ten [of the defendants] have answered imperfectly, which [answers] were [referred] to the two Chief Justices, who certified them to be insufficient ; [the defendants were ordered] to give £10 to the poor. The Lord Keeper moved that the Counsellors [i.e. Counsel] who devised these answers should be disbarred, especially as the Queen was a party ; and thereupon the Lord Keeper moved also that Coomes of the Middle Temple, Counsellor, who had been disbarred from practise half a year ago for evil counsel in devising that the Queen should have no benefit of traitors or felons or any lord [?], should now on his confession and penitency and submission be restored to practise again. Engrossers of corn Engrossers fined £10 to the poor, for bad answers certified by the Chief Justices Counsel fined for bad answers Coomes re- stored to practise on submission and confes- sion The cause referred the last day in which James Parrye parrte of Hereforde, esquire, was plaintiff against Eoger Boden- bodenham, and others ham and other eight, defendants, for periury and subor- — ° ' ' ■'■'''',, Perjury and nation and other misdemeanours, was now heard. The subornation bill was ' 9 foote longe,' measured by the Lord Treasurer, Lancaster, ^ ' •^ ^ ' Counsellor and contained five skins of parchment, with the hand foj-^i tedious [signature] of Lancaster, ' Counsellor of Graies Inne,' to it. But the Attorney and Phillips, for the plaintiff, certified the Court that the bill was insufficient ; but because the plaintiff said confidently that they confessed the perjury, it was referred to the Attorney and Phillips, and on their certificate to be sentenced accordingly, and not before. Hide V. OORUIELLE, Bailie, and others Another cause of hearing in which Lawrence Hyde, Counsellor of the Middle Temple, and Henry Hide, his brother, were plaintiffs, George Corrielle, clerk, John Baillie and Eobert Bailie and others, defendants, for '^^J'^'"^™™''''' maintenance, champerty and riot. The Earl of Pembroke, and riot ' Eight Councillors and Judges were present. 92 Hts! ^arporteg 'Htl Casesf 1597 Nov. 11 [p. 67]. Parsonage presentative and im- propriate ; diversity Stat. 32Hen.VIII. cap, 9 Court divided in judgment Maintenance condemned patron of a church ' presentative,' and the Ordmary, in 3 E[dward] VI, enfeoffed the plaintiff's ancestor in fee of the said parsonage, as of a parsonage impropriate; and the plaintiffs, and those whose estate they have, enjoyed the same accordingly up to the 36th [year] of EHzabeth now Queen. The defendants, with malice, and on pretence of a lease made for the trial of the title, maintained suits against the plaintiffs, etc., and disbursed money. But the riot was not proved. And it was certified by Justice Wamsloe ' that the Court could proceed on the bill either under the statute^ or at common law. But because on the whole matter some points of law arose, and the matter was not apparently proved, the Court was divided as to the sentence. The Chief Justices declared this to be main- tenance, and [decreed] a forfeiture of the whole value of the land, and two of the defendants to be fined each £100. Sir John Fortescue, Lord Buckherst, Lord Northe, the Lord Treasurer, the Archbishop and the Lord Keeper, on the contrary, referred this to the common law, since it was not proved directly ; but they greatly condemned maintenance ; and the Lord Keeper agreed with the two Chief Justices as to the fine of £200 against two of the defendants. Impropria- tions not favoured, and cannot be made but by Parlia- ment Tbeir origin and com- mencement And upon this case were moved divers good matters : By all — That they do not favour impropriations, and that these cannot be made now-a-days but by Parliament, and they were always created by Parliament, by 31 and 32 Hen. VIII. ' " of dissolutions," and before by other statutes, and by these have now become lay things. Their com- mencement was before the Conquest by the corruption of Abbats and other men of religion, when noblemen gave land to a small abbey, or founded an abbey or other house of religion, and they had small lands or possessions, the Abbats devised that they could give parsonages before ' Thomas Walmsley, Judge of the Common Pleas. ' The Bill of Bracery and buying of Titles, 32 Hen. VIII. cap. 9. ' 31 Hen. VIII. cap. 13 ; 32 Hen. VIII. cap. 20. in Camera ^tellata 93 presentative, and they took the profits of them, and in this way made them impropriate. But at this day the parson, Parson, ^ JT 1 t/ jr ' patron, and patron and Ordinary cannot grant the tithes of a parsonage o^n^ot^^ake presentative, nor make it impropriate, but they may grant t^Sn'"''™" the glebe or charge it imperpetuum. And on the statute of maintenance,' the Judges resolved Maintenance ' ^ on good or that it is not material if the title be good or bad, if he has 5?5 *'*'^ ' °° o ' difference not had possession for one entire year before, or of the reversion or remainder of it, or has [not] taken the rents and profits of it for one entire year before. Jn Camera ^tellata, coram ConsiUo ibidem, Mer- [p. m 1597 curij, 17 Novembris, 1597, Elizab. 40, ter"" Mich'^^ "^"^-i' A cause of hearing in which a woman was plaintiff woman sen- ^ ^ tenced for in forma ■pmiperis ; and because the bill was slanderous, slanderous and not proved, she was sentenced to be drawn with papers to the ' Brydewelle ' and there whipped, for ' iustice is euen as well to the poore as the ryche, & it is her Ma*'^''' daylye Commaundemente to doe iustice to all sortes, & if her selfe be a partye.' Another cause of hearing in forma pauperis, Helis, helis plaintiff, Henry Farrar, defendant, for riot, forcible entry, fakrab and other misdemeanours. Phillips was assigned his Rio'.*<:- Counsel a year past, and the plaintiff gave notice to him pauperis of it this term, and not before; and he rPhillipsl, being punished tor >- r J' o slander ot then of Counsel with the defendant, refused. Whereupon pwup,*^. , ■*■ Counsellor at the plaintiff preferred a petition to the Lord Keeper, re- y^-tofht'' citing that [Phillips] had contemptuously refused, and was Lord Keeper of Counsel with the defendant, having perused his writings and depositions [liuers], which was false. And for this slander the plaintiff was sentenced to have imprisonment, sentence to have papers in Westminster Hall, and the pillory there, and to be whipped at Cheapside, and the pillory there. And Phillips was fully acquitted with great credit by all ' 32 Hen. VIII. cap. 9. ' Seven Councillors and Judges were present. 94 %t& ^tpovtt^ Uel Ca£«es 1597 Nov. 17 the Court, and especially favoured by the Lord Keeper, and very many arguments of this. LUITRELLE f. Baker and others Riot, &c. Great fine for riot in hunting deer 1598 May 24 Another cause of hearing, George Luttrelle of Somerset, plaintiff, George Baker, James Fugars, defendants, for riot, and other misdemeanours in killing a ' deare ' in Luttrelle's park. Upon confession, they were fined each £100, three years imprisonment or seven,' and to be bound with sureties for their good ' abearinge ' for seven years, and not to hunt there again, and [to pay] damages to the party. h\ Camera ^tellata, coram Consllio ibidem, Mer- curij, 24 May, 1598, Elizab. 40, ter"° Paschae.^ Sm Waiter Rawlete, Lord of the Stanneryes. Warrant after judg- ment and execution Motion against Sir Walter Eawleighe, Lord of the Stanneryes, because he had directed a warrant to imprison two men who had sued divers Tinners of the Stanneryes and had [obtained] judgment and execution against them, and after this he granted his warrant. Which was dis- allowed and disliked by the Court, and a day was given [him] to answer it. [p. 59] Maekham and BooTHE Delirery of a forged deed, or otherwise close prisoners BEF„=!T0N V. MXLLK Extortion The Attorney moved against Markham and Boothe to deliver a deed supposed to be forged. It is ordered that if they do not deliver the deed to the Court by the next day then they shall be close prisoners, with fetters, and as strict diet as can be used for any prisoner.^ Phillips moved in the case of Beeston against Mille, clerk of this Court, to have the interrogatories of both parties referred to Commissioners appointed by the Court, and attachments against those who would not be examined by the Commissioners, and to view Mille's books to have proofs from them ; which was opposed by Sergeant Healle ■ Perhaps the longer term was in default of paying the fine, or in default of finding sureties. ^ Nine Councillors and Judges were present. ' See pp. 22, 26, 29, 64, and Ap- pendix II. in Camera ^t^IIata 95 of Counsel with Mille, who would thus become his own accuser ; and the forfeiture of his office was also sought. But it was ruled by the Lord Keeper that the books are appurtenant to the Queen and not to Mille, and therefore the parties might command them, with Mille's clerk to see that they are not falsified ; for the subjects have been abused and "polled" these fourteen years past by Mille, as by the books (which are the Queen's Eecords and apper- tain to each subject) it may appear and be proved. Cause of hearing, Eichard Callarde, plaintiff, John ^j^^J" Paddon, John Cornishe, defendants ; [they] were committed jog^p^n. for perjury, fined 100 marks each, pillory and imprison- o°^;,2'^]' ment. And the perjury was in this manner, at the Assizes ''"<'_^«" in Devon. [Two other] defendants, Eustace Callarde and i'er]»>-y his wife, and others, came to Serjeant Glanvill for his advice, saying that the father of Eustace Callarde had assured lands in such a form : " Stande forthe, Eustace, "stande & I will giue thee, reseruinge to mee & my wyfe an estate Eustace i " for oure too liues, suche landes, to thee & thy heires " ; and thus they would swear, and not otherwise. Whereupon Glanvill said that it would not avail, but that if they would swear these words : " Stande forthe, Eustace, heere I doe gyve thee suche lande to thee & thy heires, reseruinge to mee and my wyfe an estate for oure 2 liues," [it would be sufficient]. And then at another Assizes they swore those words, and on their evidence it was found [in then- favour] and judgment accordingly ; but afterwards it was reversed in the Exchequer Chamber. Eustace Callarde and Sydwell his wife were convicted procuring of of procuring these witnesses to swear these words, and P'^'i'^y others to countenance the same. And for this they were adjudged to have the pillory, a fine of J40 and imprison- sentence ment. And it was moved by the Lord Keeper, that every Counsellor at Law ought to be discreet and of good govern- ment, for he is called ' Counsellor, not onelye to giue Councelle, but allsoe to keepe Counselle.' Also Serjeant Glanville had done well to direct that the evidence was not 96 Sf£« aSfportfg trti Castsf May 24 8°°^' ^^ ^^ ^^<^ stajed there, and had not directed what would serve their purpose ; for this caused the perjury. As in the case [of] Lane of Staffordshire, a deed was forged with words sufficient to defeat the Queen of a wardship, which the true deed did not. And also the great men in the counties ought to intermeddle with their own causes and not with other men's businesses, and not to write letters countenancing a cause, or for a juror to appear generally. R'o* Eustace Callarde, John Callarde, Eichard Corey, Ed- mond Bulle, Emotte BuUe, Johan Langbridge, were sentenced, each £20 and imprisonment, for a riot in entering into the house of Eichard Callarde, the plaintiff, with force, and taking evidences and other things, which he [Eustace Callarde] re-delivered now by the sentence of the Court. 1S98 ^^ $11 Camera ^te Ilata, coram ConsUio ibidem. Veneris, 26 May, 1598, Elizab. E°'= 40. Termino Pasche.' Sib Walter Kawlye The former motion^ which concerned Sir Walter Eawlye, matter"* Lord of the Stanneries, was moved again, and referred to stannS-fea*"' the Judges, and the consideration of the Vice-Warden of the Stanneryes and the Steward of the same to make warrants after judgment and execution at common law, which is contrary to the Great Charter {qiLod nullus liber homo imprisonetur) , and the common law is the surest and best inheritance that any subject hath, et perde ceo et perde tout. sbarohers The Attorney moved against the four Searchers of OF London tip -i .ji-i i- t committed Londou lor misdemeanours in their places, being now made temp™and an office, who ought to seal and measure all cloths, and do inisd.6- meanours not do this, but take money from the ' clothyars,' since the offices close of the last parliament, £1500; and for contempt ' Seven Councillors and Judges were present. ' See ante, p. 94. Raw- LHG-HE'S case fit Camera ^tellata 97 of the process of this Court served on them, they were committed. In the last case touching Sir Walter Rawleighe, a bill was preferred, and the defendant answered that the plain- tiff was five several times outlawed, and showed the records, manpiain- [and craved] judgment if he [the plaintiff] should be be answered answered. By the Court : No. And the Attorney cannot proceed on this bill on behalf of the Queen, but must prefer a new bill in his own name. Cause of hearing, Finche, merchant and Controller of finohe the Customs of London, plaintiff. Annate, Poell and annate ana others Berrve, defendants, for conspiracy. Annate devised a — ■' J. ./ Conspiracy letter in Finche's name, containing matter touching mis- formis- , prision prision of treason in ' coyninge doble pistolets,' and wrote "^ Reason this in Finche's name, being sealed ; and he opened it and read it and took copies and published them ; but the letter itself could not be viewed. The cause of this and the ' originalle ' was malice, for Finche, being Controller of the Customs, would not suffer Annate's beer to pass 'transe- mare,' and therefore [Annate] devised this letter. And then when he had opened it and read it and published copies of the same, he took it to Sir Edward Hobby, a Justice of the Peace in Kent. It was ' vnhoneste ' for him to open the letter, for if he doubted that it contained suspicion of treason, he ought to have carried it to the Justice of the Peace and delivered it to him. And this conspiracy was adjudged a great fault, and was sentenced sentenoe by the whole Court : First, Annate, fine £200, to be nailed piuory, to the pillory, to have papers and imprisonment. For the imprison- coining of ' doble pistolets ' is misprision of treason only, because it is a coin not allowed or stamped within this realm ; otherwise if it were treason, he should lose his ears, and have perpetual imprisonment and should forfeit all his lands and goods for ever. Poell was adjudged accessory and procurer of this, and [p-ss] was sentenced to a fine of £100, pillory and imprisonment, floe, piiiory Berry e was acquitted. prisonment H 98 %e^ mpovtt^ titl Cases M? 26 •*■* ^^^ ^^^^ ^y ^^^^ Court that the Controller ought not shoiSinotbe *° ^^ ^ merchant, but that this is punishable in another a, merchant cOUrSO [? Court]. Jurisdiction of the Star Chamber, which is great Euled by the Court, that if any Judge, Justice, officer or subject of the realm shall go beyond his bounds and limits, and misdemean himself in any manner, this Court has power and authority to examine and punish this ; and this is clear law without any doubt or question. 1598 June 28 Jftt Camera ^tellata, coram Consilio ibidem, Mer- eurij, 28 Junij, termino Trinitatis, BHzab. 40, An° Do"* 1598.1 Perjury referred to common law by reason of verdicts Perjury confessed and not sentenced All the four causes appointed to be heard this day did not come to sentence. One for perjury against five with whom two verdicts have past, and therefore it was referred for trial at common law by indictment or action on the statute. And because one had confessed the perjury, he was to be sentenced, but the Court respited him until the trial at common law, the other cross bill depending on this. Cause dis- Auothcr was compounded ; and the last for insufficiency insufficient aud Uncertainty of the bill for forgery, in which no certain time was limited, [was dismissed]. Dedimus potestalem will not be granted before contempt purged LlTLETON LiTLETON In what case defendants may be used as witnesses Euled by the Lord Keeper, that when contempt is com- mitted, no dedimus ^otestatein shall be granted before the contempt be purged and answered. Also ruled in the case of Gilberte Litleton, the father, plaintiff, and John Litleton, his son, defendant, that if a plaintiff complain against several defendants for divers particular and several offences, and not [against] any two of them for one and the same offence, [one] defendant may use the [other] defendants as witnesses in all matters ' Eight Councillors and Judges were present. Ill Camera ^ttllata 99 witli which they are not charged by the plaintiff in his bill ; and this is the rule of the Court. Koke, the Queen's Attorney, was absent by reason of wife of the the death of his wife, Monday, 26 June, 1598; ' and last tomeydiea term Justice Beamonde ^ and Serjeant Drews ' died. neamond and Serjeant Drewe died 5lt Camera ^tfllata, coram Consillo ibidem, Vene- [p. 63] . 1598 ris, 30 Junij, termino Trinitatis, Elizab. 40, An° Do"' June so 1598." Information by the Queen's Serjeant and Solicitor against Benjamin Bulle, servant to Lady Paget, now wife to one S" Edwarde Carewe, on confession by the party of slanderous words against the Lord Chief Justice of the Bench [Sir John Popham]. One Deere was apprehended by one Barnes, a Justice of the Peace in Middlesex, on suspicion of a robbery and murder, and was examined by him, and conducted to Newgate, and at the trial there, before both the Chief Justices, the Eecorder and divers others, he was indicted, arraigned, and condemned ; and a woman named Marye Graye, having given evidence against the prisoner, the said Bulle many days after the trial approached her in Kent Street, and said to her, " Nowe, Graye, bathe god put into thy minde yet to saye the truthe concerninge Deere ; I durste sweare vpon all the bookes in the worlde that he coulde not be guyltye of the murder & Eobberye ; if he were, he were woorthye of ten thousande deathes ; the matter shall be hearde againe before the Councelle w*''in 4 dayes, & then you shall be all hearde ; god put into thy harte to saye the truthe ; " and many other words sounding to retract the evidence after the trial. QTJEEN'6 Serjeant Bur-LK and others ' Bridget, daughter and heir of John Paston, esq., of Huntingfield, CO. Suffolk. Fobs, vol. vi. p. 109. On p. Ill, it is stated that she died on June 27 ; the text here says June 26. ^ Francis Beaumont, Judge of the Common Pleas, died April 22, 1598. ^ Edward Drew, of the Inner Tem- ple, appointed Queen's Serjeant, 1596. * Eleven Councillors and Judges were present. H 2 100 ^(& aaeportfsf M Cases 1S98 and to re-examine the matter before the Council. Which June 30 was adjudged by the whole Court to be a heinous offence against the Queen and her dignity, against the common justice of the land, and a slander of the same, and a great defamation of the Lord Chief Justice of England ; and he [the Lord Chief Justice] was acquitted of this, and dis- charged, and delivered with very much and very great fame, commendation, credit, reputation and honour, and by all adjudged to be the most grave, wise and just judge that ever before had possessed his place ; and as to the trial itself, Lord Anderson, the Eecorder of London, Barnes and Crompton,^ reported in the hearing of the Court, that it was the most just that could be ; inasmuch as the prisoner had a copy of the indictment (which he could not have without the warrant of the Queen's Counsel) and of the examinations of the witnesses on both sides, as well to acquit him as to accuse him, and he was reprieved also for [p-84] many days. And S*" Edwarde Carewe confessed (being present at the said trial), that if he himself had been of the Jury, he would, on the same evidence, have condemned him, which aggravates and increases the offence now in question. And it was said by the Lord Keeper that if the Chief Justice had been found guilty of this offence, in the first place, he would draw the vengeance of God on all the land for innocent blood, he had abused the Queen and her justice, for she is the body and we are the parts of the body, and it is her continual charge " Serue not mee in knowledge, wisedome or eloquence, but serue mee in the Feare of god, & doe Justice equallye to all my subiectes in the feare of god." And this would have been his punish- ment, as the precedent is 24 Edward III. : Sir William Thorpe, Chief Justice of England, was accused of taking bribes ; whereupon the King directed a grave Commission of the most honourable lords of the land, who examined the matter, and found him guilty of taking of one £10, of ' Probably two barristers who had Counsel during Queen Elizabeth's been present at the trial. Oronjpton's reign. Barnes is not mentioned, name is given by Foss in a list of m Cantfra ^tdlata loi another £20, and in all not £60, and condemned him to death, and to forfeit all his goods and land for ever ; and the cause of his judgment was ' for that he had falselye, iniustlye, & trayterouslye, & rebelliouselye, as muehe as in him laye, offended the kinge's ma^*'^, his lawes, his Crowne & dygnitye.' ' And the Lord Keeper extolled greatly the Chief Justice of his own knowledge, but said, to avoid flattery, cum sapiens laudatur in facie, flagellatur in corde. And by the whole Court, Bulle was sentenced to have im- sentence prisonment, £200 fine, to be nailed with papers to the pillory at Westminster, again at Newgate, and again in Cheapside, and each term that he should remain in prison, to carry papers on the pillory at Westminster. 5n Camtra .^tdlata, coram Consilio ibidem, Jovis, i59s 6 Julij, Elizabeth. 40, An° Do'" [1598], le prochein joure ^"'^^ apres Trinitye terme.^ This was a day for motions only, as is always the Motion day custom, and after the Queen's Counsel had moved, the Lord Keeper delivered an exhortation ^ to the Judges and Exhortation ^ "to Judges Justices by the commandment of the Queen, strictly de- and justice livered to him on the last Sabbath day at the Court. In the first place the Queen had an especial care and regard that all this Long Vacation the peace of her Church and of her land should be in all manner of ways maintained and preserved ; and she charged the Judges here (who are trained in the knowledge of the laws, and touching, whom [p.65] the Queen has conceived a good opinion as to their justice and honesty, and therefore has advanced them to great dignity in justice, and which [Judges] are now to traverse all the realm in their several circuits for the common Justice of the realm), to have especial care and regard to preserve this according to the ancient laws of the realm, as they would render a strict and severe account thereof to • SeeFoss's Jwe^gres, vol. iii. p. 527. et diuers Justices del Peace. ' Seven Councillors are named, ' Compare this with the other et touts les Justices d'anibideux proclamations, pp. 19, 56, and post, bankes et les barons del exchequer p. 106, etc. 102 n^s laeportfsi M Caei^s 1598 ^ her Majesty ; and especially to regard the negligence of some Justices of the Peace, and the forwardness of others, and to punish the one and to recompense the other, and to make report of this to her Majesty ; and since the peace of the Church, (thanks be to God,) is well preserved, but the disturbers of the peace of the land are ' sturdye Eouges & idle vagrant baggers,' these ought to have their punish- ment with great severity according to the purpose of the new statute.' Also, the Justices of the Peace are to depart out of London to their rural habitations, and there to observe hospitality and to guard the Justice and good governance of the land, as they would answer the contrary in great contempt of her Majesty, her crown and royal dignity, and receive severe punishment for their former contempts in the like manner, contrary to divers worthy proclama- tions, commandments and exhortations ; and to avoid the name of ' baskette ' Justices of the Peace,^ or the receipt of greater things. And as to the subsidies lately given by Parliament ' and now to be assessed, the Queen said nothing, or sparingly, but he [the Lord Keeper], of his own authority, charged the ' cessors ' [assessors] to have especial care and regard to the just ' cessinge ' of this, and not for any cause to charge the meaner sort of the people and discharge or dis- burden the better sort of the people, and with intent to gain freeholders in the county ; for it is great deceit and a great sin to violate a promise to a friend, but to violate a promise and fidelity to the Queen herself and to God is more odious and detestable, for now indeed it is a certain debt due to her Majesty. 1598^^ 5n Camera ^tellata, coram consilio ibidem, Mer- curij, 11 Octobris, Elizabethae 40, An" Do°' 1598.^ ' 39 Eliz. cap. 4; An Act for pun- of game. Wynter, Curiosities of ishment of Eogues, Vagabonds, and Civilization, p. 493. sturdy beggars. ' 35 Eliz. cap. 12, 13. ^ The basket Justices were so * Six Councillors and Judges were called because they allowed them- present, selves to be bought over by presents in Caimra ^t^IIata los The first cause for hearing, Frier, plaintiff, and others, pbier's defendants ; and when the cause was appointed to be heard, the parties, by petition delivered to the Lord Keeper, pro- cured a reference of the matter to the ' Attornie generalle,' to certify if it be fit for this Court ; and the parties then proMsingT" agreed ; and for this the plaintiff was sentenced to pay a ""^^ fine to the Queen. Another cause for hearing, Scrogs, plaintiff, and ' '■''s rogs defendant, and divers others, for riot and maintenance ; ^ but the bill contained forgery and perjury [also], which tenano"^eto were not proved ; and for this the plaintiff was fined £10 piaintifE for a false claim. And the Court was divided if it was riot or not, because there were no weapons nor blows, but only carrying hay with ' piclepronges,' ^ and no blows. But the Lord Keeper and others ruled this to be a riot, because they resisted a distress and ' piche le partye ouer the hedge,' and threatened him. And for this [they were] sectence. fined £20, notwithstanding that it was a small riot and not worthy of this Court ; but because the country would not find it,' they sentenced it, and also because he would not replevy the beasts, which is the best trial, for all the title would appear by the pleading in the avowry. $n Camera ^tellata, coram Consiho ibidem, Mer- i599 ' May io curij, 16Maij, Elizab. 41, An" Do°' 1599; adonque presente, Lo. Keeper, et Lo. Buckhurst adonque install Lo. Tresorer in le Chauncery et in I'eschequer, Lorde Admyralle adonque Erie de Nottingham, Lo. Chamberlin, Lo. Northe, L'arche- uesque de Canterberye, ambideux Ch. Justices, et S"' John Fortescue. Edmund Kidermaister,"* plaintiff, Maurice Hale, Eichard kider- Baum and divers others, women, defendants, ' for riots, routes ^"^^^ & unlawefull assemblyes & other misdemeanours.' For the ana others Biot ' Blank in MS. ' Had a Grand Jury thrown out a ^ Pikel a pitchfork, a hay fork. bill relating to it ? North. Halliwell. * Perhaps Bidermaister. 104 Ees lafportesi litl CasJesf 1599 May 16 first riot, each £10 and imprisonment ; for the second riot, each £20 and imprisonment ; for the third riot, each £30 and imprisonment ; and the women to be punished with the ' kuckinge stoole,' and the men to stand on the pillory ' bareheaded & in woman's apparrelle.' 1599 May 18 hX Camera ^tellata, coram Consilio iWdem, Vene- ris, 18 Maij, Elizab. 41, An° Do"' 1599 ; adonque presente Lo. Keeper, Lo. Tresorer, L'archeuesqne de Canterberye, Lo. Northe, ambideux Ch. Justices, un esteant priuye Counseller,' et S"' John Fortescue. Bailiff of SOUTH- WARKE and others fined for extor- tioa The Baihff of Southwarke and two of his men were (for extortion and other misdemeanours) fined, the Bailiff £100, his two men each £40, to stand on the pillory in three several places, and to have papers, and the two men to be whipped. 1599 June 13 $n Camera ^tellata, coram conslllo ibidem, Mer- curij, 13° Junij, tr"° Trinitatis, Elizab. 41, An" Do"* 1599.^ A'rT.-GrEN. V. Misox Contempt of authority and seditious "words [p. 67] £100 fine, imprison- ment, for good abear- ing, papers and con- fession Att.-Gen. V, LUDLOWE * depopu- lacions' Cause of hearing, by information of the Attorney, against one ^ Mison, for seditious words in con- tempt of Justices of the Peace and their authority on the orders as to Corn and the poorer people in the time of the great dearth, and for seditious words against the Council and the Queen (viz. : — " they are knaues, I will keepe none of there bastardes, my goodes are my nowne,' they, nor the queene, nor the Councelle haue to doe wi* my goodes, I will doe what I liste w* them," etc.). He was fined £100, im- prisonment, to wear papers, to confess his fault, and to be bound for his good abearing. Another cause of hearing by information of the Attorney against Ludlowe of Wiltshire, a gentleman of good account • From this it appears that the Judges who sat from time to time in the Star Chamber were not neces- sarily Privy Councillors. ' Eight Councillors and Judges were present, s Blank in MS. * I.e. mine own. I'll Camera ^tdlata 105 and great substance, for converting arable land to pasture, for the destruction of houses of husbandry and building cottages, to the ' depopulacion,' contrary to the late statute of 39 Elizabeth.' He was acquitted by the sentence, be- Acquitted cause [his] offences were committed before 39 Elizabeth, and so were pardoned by the statute ; and the building and erecting of cottages is not to be punished in this [Court],^ but by the Justices of Assize. 5n Camera ^tellata, coram Consilio ibidem, Vene- i599 June 22 ris, 22 Junij, Ehzab. 41, An" Do"' 1599, termino Trinitat.^ Cause of hearing between Eochester and Rochester for eochestek forgery of a will ; in these words " I giue all my landes bochestek wheresoeuer &c.," he forged " whereso for euer " ; it was Forgery lengthily debated for two entire days, and at last was adjourned to Michaelmas term because they wanted pro- bation to prove forged deeds which were pretended by the bill to be forged. BiNKES Eiot Cause of hearing between Fleetewoode, a grave preacher, and Bankes of ' Lankashire,' in time past a Citizen of London ; he was fined 500 marks, two of his servants for Pines, ' greeuous batterye ' £40 apiece, and the others 40 marks, ^o" ™arks, all [to suffer] imprisonment, and Bankes to be bound for *°™?'''^s, his good behaviour, and to pay his servants' fines and £40 prfsonment, *^ ? ± ./ good abear- for the wounds to one of the plaintiff's servants. to^k^of^'^ the servant Another cause of hearing between Williams and others, Williams plaintiffs, and Lhoyde, defendant, for extortions, and many other misdemeanours and grievous offences. He was fined 1000 marks, to stand on the pillory in three several places ^jj^""^^"^ in Wales, imprisonment, and good abearing during his life, ^^''^"g"^^- He sued divers processes in other names, and took money, ™™^^2""^ and divers offences of a like nature. looo^'mar'ta, good abear- » Chapter 2. ^ ' Course ' in MS. SI ^''""^ ^ Seven Councillors and Judges were present. Lhoyde Extortions term 106 %t& mpovU& trel CasifS [Pg«8] $n Camera ^tellata, coram consilio ibidem, Jovis, June 28 28 Junij, le proehein jour puis Trinity terme, Elizab. 41, An° Do"' 1599 ; adonque presente I'archeuesque, Lo. Keeper, Lo. Tresorer, S'' W™ Knowles, ambideux Ch. Justices et S'' John Fortescue et touts les Judges d'angliterre. Charge iu T^mity The Lord Keeper deUvered a speech given to him in charge by the sacred majesty of the Queen,' ' whoe in her princelye regarde of the peace & good of all her people, & in her royall Care of the generall Justice of all her lande, hathe now, as many other times, giuen specialle Charge for all gentlemen that now lodge in London or Westminster to repayre to there Cuntrye dwellinges, et to maintayne hospitalitye, et to people the realme, et to set the poore to worke : & for Justices of peace to remember there names, they are Conseruators et Justices, & there oathe : not to domineere & Countenaunce Cawses, et contemne those w* doe good & call them busybodyes & depraue them : some doe nothing or euell, being grand reteyners, boulster causes, & in one shire of late at Easter Cessions, being order lye sommoned & many Justices in the shire, not one there but the Custos Rotulorum onelye ; ' the Judges to advise for punishment of this, and the Judges to examine the service of each Justice and to give account for this, what ' felons, vagrand persons, alehowses,' &c., and to remove from the bench those that are drones and not bees, with disgrace and punishment ; and the diligent and industrious to notify to the Queen to encourage them. And the Attorney-general shall make a certificate of all gentlemen who now dwell in London or Westminster, and shall inform against them. As to the taxing of the subsidy granted for the pre- servation of the realm, the Queen abhors all unjust taxa- tions, and requires just and equal proportions from rich and poor. ' See pp. 19, 56, 101, and post. in Camera ^tellata 107 5tt Camera ^tf Ilata, coram ConsUio ibidem, Mer- ^^^sa-isoo curij, 6 Febr., 1599,' Elizab. 42. Jefferyes of Sussexe (brother of Baron Jeffryes,^ now jeotebtes deceased), plaintiff, Mountague, defendant, for riot and mocttaqub other misdemeanours. Mountague, 20 July, entered on Eiot.eto. the land called " Grove lands " peaceably with five men usually attendant on him, with their usual weapons, and not otherwise, and then he built cabins and with two men without weapons kept this possession, and on the 6th of August, in the night, with 20 persons with sickles (and not otherwise), reaped the corn there growing, and peace- ably carried it ; and Mountague commanded that there should be no resistance and no violence if there should be any interruption ; and he offered sequestration of the profits until the trial should be had of this case in the [p. 69] Bench. Query 41 Elizabeth, 15.^ This was adjudged by the Court to be no riot, and also because no re-entry was no riot, mis- ever actually made by Jefferyes ; but for the misdemeanour punished lor ... , . reaping and in reapmg the corn m a ' raynmg ' night, and for the mis- carrying chief and example of this, and the inconvenience that ™g''* would ensue, they fined all the defendants each five marks, sentence but without imprisonment, which ought to be particularly excepted by the Court, otherwise it is due as of course. So there is a judgment in [this] Court for waste of a ditch [held] in common, by night; for the deeds of night are uight deeds odious even if they be lawful ; for a lawful thing may be "'^'""^ unlawfully performed. And there is a case in our books if a parker or forester suffer hunting, he shall forfeit his office, but if there be hunting in the night, he shall not forfeit it ; for [he] is not bound to guard his game in the night, for the night is ordained for all men and beasts to have rest, unless ravenous and ' devouringe beastes.' But ' 1600 in modern reckoning. Six Edward Montague of Boughton. Councillors and Judges were present. Foss. Edward Montague was per- '' John Jeffrey, appointed Chief haps the defendant in the pre- Baron of the Exchequer, Oct. 12, sent case. He was created Baron 1577, died before Nov. 17, 1578. Montagu of Boughton 1621. His daughter and heir married ^ Sic. 108 S.esi JRejportes Xitl Cases 1699 1600 this small offence should have punishment in the country, by indictment or otherwise, where it can be proved. Perjury on indictment shall not be punished here, but by indictment Barrator, ■who ; and good abear- ing against him. By Koke, Attorney-general, a man giving evidence on an indictment by the Queen, shall not be sued here for perjury, but shall be tried by indictment again ; so of ' barrettye ' ; and a barrator, (by the Lord Keeper,) is such an one who moves ' debate, contentions, quarrelles & suites ' for some little thing, and of no value or moment ; and of such he would grant the good behaviour as soon as of a ' wandring roague.' 1600 April 18 5n Camera ^tellata, coram consiHoibidem, veneris, 18 Aprilis, An° Do"* 1600, An°que Elizab. E"^ 42.' Surrey. Bristoive V. Lecheforde and others Three riots and mis- demeanour [p. 70] Eichard Bostoke dis- charged from Commission of Peace Henry Bristowe, plaintiff, against Eichard Lecheforde, Justice of the Peace, three of his sons and divers of his servants, defendants. The matters were three riots, and a misdemeanour in making warrants against the plaintiff to vex him in the title to land, colore officii. They were all proved. And one man was mortally wounded, and expended in surgery £5 ; and corn in a barn was destroyed to the value of £7. The defendant Lecheforde was fined by the whole Court 1000 marks, three of his sons and two of his servants were fined £1000, each £200 by himself, five (or six) ^ others of his servants were fined £500, each £100 by himself ; the total sum of all their fines £2200 ; and if any of them shall not be of sufficient ability to pay their fines, then Leche- ford, the defendant, by the sentence of the Court, is to pay all ; and each is to have imprisonment ; and the defendant Lecheforde at the next Assizes in Surrey is to make con- fession on a stool, and to remain there while the decree be read ; and Eichard Bostoke, by the sentence of the Lord Keeper, both Chief Justices and the Chief Baron, was dis- charged and dismissed from the Commission of the Peace, because he agreed that Lecheford might set his hand to Seven Counoillors and Judges were present. Interlined. in Camera ^tellata 109 any warrant made by him, which he had now done, and Bostoke on his examination confessed this ; which (by the Lord Keeper) is contempt of the Queen and his Commission of the Peace and of his oath ; and because he is content to be a ' pockette ' Justice,' he is unworthy of the Com- mission of the Peace. It was decreed also by the Court that he who was wounded and paid £5 for the heaUng of his wounds,^ should have his costs if the ' presydente ' ' of the Court would warrant it ; also he that had his corn destroyed to have his damages if there be any ' presydente ' in Court that will warrant this ; because neither of the two was party to the bill. And Bostoke was not in the bill, but since he was in the proofs, the Lord Keeper seized upon this, and would have his sentence parcel of the decree. The Counsel on the part of the defendant en- deavoured to quash the bill. First, because there was no certain limit of time when the riots were made, but it was allowed [by the Court] that there was a certain time ; 2. otherwise because he was not charged particularly with offences as Justice of the Peace, and it was allowed also for this and ' in particularitye ' ; 3. otherwise that they could not be sentenced as procurers of the riot since they were not so charged; but it was good notwithstanding, because in the words, rioters and other misdemeaners, all rioters and procurers of riots are contained. Cfte (Bv'btv of tht #arter« [^'o'^ Die Sohs, 20 Aprilis, An°Do"^ 1600, An°que EHzab. E"*^ ^p"'^'' 42. ' 8"" Chattels, Lord gouernor de Deepe,' ^ came to God- Gouemor°ae' stone, accompanied by Ersefeilde, the High Sheriff of Surry s. oeorg^e's and Sussexe, S" Walter Couert, and divers other gentle- thePrenoh men of Surrey and Sussex, and came to Croydon to dinner with S'' Thomas Garrette,^ Knight Marshall, and ' Perhaps the same as a ' basket brought great protestations of sin- Justice;' see note on p. 102. oerity," etc. Cal. State Papers, ^ We were previously told that Domestic, April 13th (?), 1600. the wounds were mortal ! [p. 428.] ^ I.e. precedent. ' Sir Thomas Gerard, appointed •• " This last ambassador from May 23, 1597. France, the Governor of Dieppe, has King 110 ^t& Meportes; liel Cast^ 1600 April 20 Sir Frauncis Carewe accompanied him, and he was attended by one hundred men and servants \_garsons] of France, all of whom had horses prepared by commandment of the Queen. The said Lord lay the night before at Grinsted, and the night before at Lewse, and came to England to solemnize the Order of S. George in the name and stead of the French King, his master, who was chosen a Knight of the Order of S. George two or three years before, and the Garter was sent to him by the Earl of Shrewseberrye ; but the said Sieur Chattois came now to be installed for him, and to solemnize this in his name and for his person. At S. George's Feast at Greenwich, 23 April, 1600, the said Governor of Deepe then present, and these Knights of the Garter then present : — The Earl of Notingham,' Lord Buckhurst, Lord Treasurer and Lord President of the Garter,^ The Earl of Shrewseberrye,' The Earl of Cumberlande,'' The Earl of Northumberland,'* The Earl of Worster,^ Lord Sheffeilde,' Lord Howard of "Walden,' Lord Hunsden,' Sir Henry Lee,'" The Earl of Sussexe," Lord Cobham,^^ Lord Scrope," Absent : The Earl of Pembroke,''' The Earl of Ormond,'^ ' Charles Howard, 1st Earl. ^ Thomas Sackville, 1st Baron ; afterwards Earl of Dorset. » Gilbert Talbot, 7th Earl. * George Clifiord, 3rd Earl, ' Henry Percy, yih Earl. " Edward Somerset, 4th Earl. ' Edward Sheffield, 8rd Baron. " Thomas Howard, 1st Baron. ' George Carey, 2nd Baron. " Of Quarendon, Bucks, Master of the Ordnance and Banger of Woodstock. See Diet, of Nat. Biog. " Eobert Eatclifie, 5th Earl. '^ Henry Brooke, 6th Baron. " Thomas Sorope, 10th Baron Scrope of Bolton. " Henry Herbert, 2nd Earl. " Thomas Butler, 10th Earl. [p. 72] 1600 in Cantfra ^Wlata in The Earl of Essexe ' and Lord Mountioye.'' ' Lo. [Howard] of Effingham ' caryed the swerde, Th'erle of Darbye * & the Erie of Eutlande « supported Her Ma*^% the Lad. Marques « & the Lad. Oxforde^ earryed Her Ma*'"*'' trayne & the Lo. Herberte ' supported the trayne; Th'erle of Hertford,^ Lo. Gray,'" S"- Eobert Carey," S"- Edward Stafford,'^ S-- W" Eussell,'^ S-- Edward Norris,'"* S'' Thom. Gerrard & others to accompanye the Ambassador.' ^ttort tf)t Council at ^vtmth)iti)t. 'Veneris; 16 die Maij, in Whitson weeke. An" Do"' ^"^^^ 1600, An" Elizab. E"''^ 42,' I, John Hawarde of the Inner Temple,'^ went to the Court at Greenewiche with a messenger from the Queen's Chamber, named M"' George Cobham, [who was] sent for me by commandment of the Queen and Her Council, and by their warrant, which here follows in these words : — ' Theise shalbe to wille & requyre you to make yo" p^'sente & undelaide repaire vnto y^ Inner Temple in Lon- don or to any other place where you shall heare of the aboade of one Heywarde of the Inner Temple, & by vertue hereof to Commaunde him, all delayes & excuses sette aparte, to Come forthw* & in yo"' Companye to the Cowrte to aunsweare suche matters as maye be obiected againste ' Robert Devereux, 2nd Earl. Chamberlain. 2 Charles Blount, 8th Baron, " William, Lord Herbert of Cardiff , afterwards 1st Earl of Devon. eldest son of Henry, 2nd Earl of ' William Howard, eldest son of Pembroke, the Earl of Nottingham; he was ' Edward Seymour, 1st Earl, summoned to Parliament as Lord " Thomas, Lord Grey of Wilton, Howard of Effingham during his 16th Baron, father's lifetime. " Fourth son of Henry, 1st Lord •■ William Stanley, 6th Earl. Hunsdon. " Eoger Manners, 5th Earl. " Afterwards 4th Baron Stafford. " Perhaps the Marchioness of " Fourth son of Francis, 2ud Winchester, wife of William Paulet, Earl of Bedford. 4th Marquis. She was a daughter '* Governor of Osteud, 3rd son of of Sir Thomas Cecil, afterwards Henry, 1st Baron Noris. Earl of Exeter. " This seems to be the only place ' Elizabeth, daughter of Thomas where the writer of the MS. men- Trentham, Esq., wife of Edward de tions his own name. See Introduc- Vere, 17th Earl of Oxford and Great tion. 112 ^t& M^portffli Xttl Casts! 1600 May 16 him. And hereof you & he maye not faylle. From the Cowrte at Greenewiche the 12"' of May 1600. ' Jo. Cant. Tho. Egerton T. Buckhurst ' Notingham. Eo. North 'Will. Knollys Jo. Popham ' To George Cobham, one ' of y^ messengers of Her Ma*'°'° ' Chamber.' And on this warrant I was examined the next day at the ' Counsell table,' on my knees, touching the delivery of the copy of a letter from Lady Eiche to the Queen con- cerning the Earl of Essexe ' ; and on producing my authority for this, I was discharged with good ' credite & commendacyon ' ; paying fees to M"" Wade, Clerk of the Council, 1'' ^ for recording my appearance, 6s 8d for en- trance in a bond for 100 marks to appear on notice given at my chamber, and 6s 8d for this bond, and to the mes- senger 4 nobles,' where his fee is vjs. 8d. each day and 4d. each mile. tp.73] 1600 May 28 5U Camera ^ttllata, coram consilio ibidem, Mer- curij, 28 Maij, An° Do"' 1600, AnOque EHzab. E"^« 43." Lincola- shire OlAUGHTON GUSTARDE and others Forging of a warrant by an attorney of the Com- mon Bench Arrest in a church in time of divine service Cause of hearing. Thomas Claughton, g[entleman], plaintiff, Thomas Gustarde, an attorney of the Common Pleas, defendant, ' for forginge a warrante, as an vnder sheryfe wrytinge for a Capias but had none, & so w*oute any originall made a warrant w"* a blanke for the name.' For which he was fined £40, sequestered for life [a touts jours'] from being an attorney, and imprisonment. Gregorye Ward and Eichard Boothe, other defendants, for mis- demeanour in executing this warrant on ' Palme Sondaye,' in the church while the parson was reading a homily and ' See Appendix IV. ^ Probably one royal, a gold piece worth 15s. ' A noble is 6s. Sd. ' Nine Councillors were present. and Judges in Camera ii>ullata lis preparing them for the Communion, but the defendants arrested him in the church, and taking from him an obli- gation [a bond], and saying to him that he must receive the Communion another day. And this was adjudged by the whole Court to be a great offence, and for this they were fined £200, imprisonment, and confession in a peni- sentence tent manner on their knees in the church in time of divine service. And it was cited by the Lord Keeper that Sir John Eatclyffe, a Sheriff, made a warrant on a Capias, with a blank for the name, and was fined for this. Thomas Bellamy, plaintiff, John Lidcott and others, wiitsurc. defendants, for riot and other misdemeanours. The defen- Bellamy V. dant, for claim of a rent, distrained beasts ' dammcuie ^™™^f' ' ' "- and others feasant,' and drove them into Surrye, another county, and jjiotT^g. there sold them : and for this he was fined ,' with ^easljfnci imprisonment ; and he had no Counsel, nor made any in'"n?ther" manner of defence, but his answer was read. county Sentence Nullus de cetero faciat ducere distiictiones quas feceril, „ . Marlbrige, extra comitatwm m quo captae juentit. to. le, cap. e $tt Catntra ^Ullata, coram Consilio ibidem, Mer- [p-t*] curij, 4 Junij, An° Do"* 1600, An°que Ehzab. E"'''= 42.^ ju™* One Player of Gloster shire was fined £100, and to be platir's bound for his good behaviour, confession of the fault and , — imprisonment, for practising with the Sheriff and others saying a , man from to save a prisoner ' from the gallowes ' ; and the plaintiff "'« gauows slandered all the Justices in Glostershire and Snegge, ' Counsellor ' at Law ; and for this it was ordered that inasmuch as the bill could not be withdrawn from the Court, (because the sentence is founded on it), the ' acquytalle & cleere dismissing ' of Snegge and the others should be ingrossed on the back of the bill, and thus should remain of record. ' Blank in MS. ^ Seven Councillors and Judges were present. I 1600 June 4 Earl OF Lincoln 1600 July 6 114 Heg J o ^j tj ^yiio resist law. By the Chief Justice : It is a resurrection ^ and a Kesurrectioa and rebel- rebellious riot ; and if the Sheriff on this resistance had "ous not made proclamation and, after proclamation made, they oiamation .. ,. , -, -, resistance is continued m resistance, they could be, and ought to be, feiony proceeded against in another kind ; for they resist the to the Queen and her royal authority, and therefore it differs execution of from cases between party and party. resistance to and lier royal authority $U Camera ^tellata, coram Consillo ibidem, [p-ss] Mercurij, 5 Maij, 1602, An°que Elizab. E"^'= 44.^ Sys Coke, Queen's Attorney, informed on the relation of queen's ^ "^ . Attorney Christofer Merrike of the Inner Temple, utter barrister, exparte against Eobert Pye,' defendant, of the Inner Temple, also ^^ ^ utter barrister, for practice as to the life, lands and goods """"seiior of the said Cristofer Merrike, for perjury touching the ^{Jeiy, ' Apparently used in the sense of insurrection, a rising. other'mis"' ^ Nine Councillors and Judges were present. demeanours ^ See Appendix VI. 130 ^t& m^ottt& trel €n^t& execution of this, and for other misdemeanours, as follows, namely : — Merrike, Febr. 1601, at the request of Pie, delivered to him £3 for a week ; Pie did not repay this within three months, after Merrike had often demanded and sent for it, and at last threatened the arrest of Pie. July, carried 56s. to Merrike's chamber in the Inner Temple, and offered payment of this ; Merrike said that he had lent £3, and without acquittance, and therefore he would not deliver any acquittance. Pie replied that 4s. was to be abated for a wager, touching a case, that Merrike had lost to Pie, because Pie averred that when an infant enters upon the twenty first year he is of full age, Merrike on the contrary [said] that not before he had accomplished the twenty one years fully, days and hours. Whereupon Pie refused to pay the 56s., and Merrike with violence took the money and Pie's ink-horn [? ; galiere],^ and beat him. Whereupon Pie indicted Merrike at Newgate, and gave instructions to one Grove, the clerk there, to fashion the indictment as follows : — ^ Grrove au 1602 May 6 Money lent Acquittance Whcreupon Pie, on demanded on repay- ment Money abated on account of a wager Case as to the age of an infant Violence offered in taking money and an ink- horn [?] Indictment for taking the same [p. 90] The Clerk fi*amed the indictment on the instruction of Pie. He was examined and deposed this, honest and suflQcient clerk in the ojauion of Shrewsbery and the [Lord] Keeper Pie giTeg evidence to the Grand Inquest on the indict- ment Three of the Jury deposed what was Pie's answer on particular demand The Re- corder commended for his good discretion and grave judgment. Not robbery nor felony Merrike arraigned and acquitted Pie himself was sworn to the indictment and gave evidence at the Grand Inquest [i.e. to the Grand Jury] that it was on the Queen's high way and that he [? Merrike] took to flight ; whereupon a true bill was found. The Kecorder, John Crooke, seeing the indictment and knowing the parties, demanded of the Grand Inquest who gave evidence, and what evidence he gave ; they answered as above. Whereupon the Eecorder conferred at the bar with Pie, and said that this could not be either robbery or felony, and therefore advised him to be careful how he proceeded. The next day Pie was enjoined to proceed to the indictment ; Merrike, then present, was arraigned. Pie, confidently and impudently, gave the same evidence, ' This word is spelled galire in the text and galiere in the margin. Cotgrave's Dictionary, 1673, gives galiere, an ink-horn. 2 Here is a blank space. lands and m Camn-a ^tellata 131 whereupon he was committed to the Sherifl' and bound to ^'.^ ™?>- ^ ^ mitted, and appear in this Court the next term. The same night after ^^^^^^ the indictment, Pie went to the court at Grenewige, and oJfa^*^™ there acquainted Ferdinando, servant and musician in the Perdinando ■^ ' moved to Privy chamber, that one of good estate had committed ^fjliJ^,, felony and had forfeited his goods and lands, and demanded his letter to divers of the bench to have a gracious hearing Fieiahoura ^ ^ for an mdif- by the Queen ; whereupon [Ferdinando] wrote a letter to ^'^''t^gSen Sir Eobert Wrothe and others, and so [the case] went to trial ; and on the arraignment, Merrike was acquitted by Acquittal by ... the same the same lury as indicted him on the Grand Inquest, jiu-yasfound ■' ■' . ^ him guilty Then the Benchers of the Inner Temple examined this, and [p. 91] put Pie out of Commons, and referred him to the next by^he'""* Parliament '■ ; and they suspended Merrike in Commons Merrike for a time of forbearance, but in a short time restored him. byThe'''''^ But at the next Parliament they examined the matter at large, and put Pie out of the House [i.e. the Inner Temple], ^i\'^f and degraded him from the Bar and from all practice : and ^""p^^if^^. in the same vacation the Queen's Attorney and the Piecorder Sf^'^^'^jj";!;? to be dis- barred, and Bench out and in form ore ten us Pie denied his hand and took Pie's examination in writing, when he confessed all, and subscribed his hand : and thereupon the Attorney in tom^air'^"' Michaelmas Term next following informed ore tenus on this Jh^At- confession against Pie, when Pie denied it to be his hand, th™HecOTder and said that it was not rightly \_dumente\ taken, and oonfeSfon, prayed to have the benefit of the law, [25] Edw. III. cap. [4] quod nullus liber homo imprisonetur sans iudgmente, and that he should not be condemned before bill and and'pra™d answer : Whereupon it was ordered by the Court that the oftte law' Attorney should inform at once, because now Parliament is sitting [continue'] and a pardon is expected, but if this cause be not heard before the pardon, the Lord Keeper would have V"" ^"'"'^ ■*■ ■*- Keeper pro- care that this [case] should be excepted from the pardon if ^'^\\*^Jf*„ot the bill was pending before the pardon : Phillips was assigned te™fl*urfth» as Counsel with Pie, but when he saw Pie's answer, he ^uiups, the moved for and obtained an order for his discharge : Pie Sgwd to was committed to the Fleete, and there remained until the cimrgefby order on his dislike of the answer. Pie continues a prisoner in the Fleet until the time of sentence ' The meetings of the Benchers are so called. K 2 132 3le£i e defensione juris, that no one should be admitted to sue before he has found surety to answer the issues and damages, etc. And thus he would take away the jurisdiction of this Court (as in the former Statute that he vouched), the authority of the Queen, which is present here, of her Council, of all original writs, and of all Justice. Then he craved the consideration of the Court inasmuch as the bill and the offences in it were not particular, and he was not charged with commit- ting them contrary to the statutes and laws of this realm. But this notwithstanding [the bill] was held good by the Court and these exceptions [were considered] frivolous, Pie having superficial knowledge or taste of this, but not intellect. Merrike was commended by the Attorney as a good student and of as good conversation as any in the Temple : But Pie falsely scandalized him for coveting and beggaring his brothers, taking forfeitures, suing men without cause, and otherwise cruel and extorting ' courses ' in general without cause or colour : And [Pie] also imputed falsely that the Eecorder had taken £10 from Merrike for a fee before the commencement of this suit, and as to this he vouched Serjeant Woodde, who cleared the Eecorder of this in Camera ^ttllata 133 imputation, and said of Merrike that he had intermeddled with Pie honestly, pitifully and conscionably. Pie's offence was condemned by the whole Court to be Ke'aoffeuoe ^ contains horrible and odious, and the offence of robbery, murder ™™'^^''' and perjury against God ; for, by the Bishops,' the breach =">'' p«J>-'ry of all the law is comprehended in this : Dilicies Deum toto Tiie intent ■•■ ^ , of murder, corde, et moximum tuum sicut teipsuni. And by the ancient robbery, or ' •*■ -^ ^ perjury, is law Voluntas reputabatur pro facto. By the' law of God and ^°j°f/g™^ the Civil Law, oculus pro oculo, dens pro dente, manus pro ze.cianonu before manu, etc., and also per legem talionis : And Pie had fouowea intended murder and robbery in his heart, which is an Treasurer,' offence before God : And the offence is more odious and the Lord ^ detestable in this, that he has made Justice a murderer and robber. ^p ,^, Pie was sentenced to a fine of 1000 marks, pillory at sentence on Pie Westminster and there to lose one ear, papers, from [West- pje aued minster] Hall to ride with his face to the horse's tail to Sdto^he ' Temple gate,' and there to be pilloried and to lose the i!or°J,^pe?^'^' other ear, and perpetual imprisonment.^ As for Merrike, prisonmeut he was acquitted with great favour and grace, and delivered ^,"'4^ from all imputation of ' intemperancye ' or ' heate.' And ™*'^eraoe 1 1 r 1 /^ j_-i -'^"'''^ Keeper smce they were both professors of the law, [the Court] ^'^f'" exhorted them that have authority to admit to the bar, to Justices have care to name those that were literate, honest and caurtouie" rehgious, and in the admittance of such to the House [Inn], admittances for if they had had [such care], they would never have ofcoiurt admitted Pie to the House, but he would have pursued his father's trade, who was a butcher ; and [they should] not have calls by the dozens or scores, as now is the use : For the good and literate professors of the law are as good members of the Commonwealth as any others, but the ignorant and bad professors of the law are as ' daungerouse vermin ' to the Commonwealth as ' Caterpillers,' etc. [sic], m'^er^""^ Good pro- fessors of the law are good mem- bers, and on the contrary. ' The Archbisliop of Canterbury ears, for plotting the death of a and the Bishop of London. fellow lawyer, by way of justice.' * ' Pie, another barrister of the State Papers, Dom., Eliz., 284, No. Inner Temple, stood on the pillory 14. John Chamberlain to Dudley before the Temple Gate, and lost his Carleton. 1602 May 7 134 Sesi MtpovU& titl Cages hX Camera ^tellata, coram Consilio ibidem, Veneris, 7° Maij, 1602, An°que Elizab.E°'«= 44. Tr"" Pasche.' WIKSTON V. Throck- morton Estortion and other several offences Answer, not guilty [p. 96] Murder and accessory to it Sir Thomas Throckmor- ton assumed to acquit the accessory to the murder for SOOl. Honourable personages scandalised without cause Good apology by the Coun- sellor in giving eridence. The Lord Keeper said that this the offence Fountains and rivers of Justice A Statute taken for 1600;. to acquit [him] of felony. This is ex- tortion [even] if the money be not paid Sir Henry Winston informed against Sir Thomas Throckmorton for ' diverse heynouse offences,' in number now only nine, to all of which Sir Thomas pleaded Not Guilty. The first was for great extortion,^ namely : — One Lewis in the County of Monmouth was barbarously murdered by his ' Cosin Germain,' also named Lewse [sicl, who was indicted, arraigned and executed for it ; and another Lewis, brother to him who was murdered, being accessory to the murder, and the wife intending to proceed against him, he repaired to the said Sir Thomas Throck- morton, who assumed to acquit him and discharge him ; and to this [end] advised and conferred with the said Lewis that money and large sums would have to be expended to procure this, and some great personages would have to be used to effect it. And therefore he imposed imputation on the Earl of Pembroke and his Lady, the Lord Admiral and the Chief Justice, without cause or probability of any colour. And therefore at the commencement [a I'entraunce] of the evidence, Phillips, of Counsel with the plaintiff, made apology that, notwithstanding the Earl of Pembroke and his Lady were by the said Sir Thomas injuriously scandalized, yet it would plainly appear that they were clear, and so proved by the Earl himself, by the depositions of others, and by the confession of Sir Thomas himself. The Attorney said, as to the others, that it was a great slander, for ' no harte in Englaunde did ever Conceaue or had anye thoughte of Corruption in them ; & if theise Fountaines be thus scandalized w"" Corruption, what shall wee poore brookes look for.' Sir Thomas Throckmorton, being a Justice of the Peace and one of the Council of the Marches, April 35 Elizabeth, took a statute for £1600 from the said Lewis without defeasance, but the intent and agreement was that the said Sir Thomas should ' Eleven Councillora and Judges were present. ^ For the others see 2MsI, p. 137, et seq. Ill Camtia ^tellata 135 have £800 for freeing the said Lewes, which sum was paid to the said Sir Thomas ; and to prove this he produced Sir Thomas's letters, and the depositions of Lewes and others. Coventrie, Crue, Hutton, Toppam, and others, of ^p-^^^ Counsel with the defendant, did not defend the offence nor extenuate it, but they confessed that it was an offence in Sir Thomas, who submitted himself in all humility to the Court ; and they all affirmed that in the first place it was not an offence of such a nature and quality as to receive sentence here, for it was not extortion, and so it was par- Extortion ■*■ and guomodo doned by the Statute of 39 Elizabeth, if it be outside or ^-'j;^''™^^,,^ after the pardon of 35 Elizabeth ; and Sir Thomas craved ^^,,^^11^* the benefit of Her Majesty's gracious pardon. And that it is not extortion is thus proved : Firstly, the said Sir Thomas is not a Justice of the Peace, nor ever was, in the County of Monmouthe, nor in any other County btit in the County of Gloster only ; and when one is of the Council of Authority of ■^ . Wie Council the Marches, their authority is only when they are appealed ?* the weisu to and have instructions, and not otherwise ; and Sir Thomas was never sworn, and so was not a Judge, Justice, or other officer in the County of Monmouthe, and there- fore no extortion. And also the said Sir Thomas took and received the money, not to his own use, but to give and pay it to others ; and thus he disbursed it to the use of Lewis, and therefore no corruption or extortion in him. Also the said Lewis intended bona fide to intermarry with the daughter of the said Sir Thomas, and he was never indicted or arraigned for the felony, but Sir Thomas thought in his conscience that he was innocent, and not guilty of [the crime] ; and also the wife of the murderer had the indictment against her husband removed into the Queen's Bench, where it was quashed for insufficiency ; there- fore the accessory cannot be indicted ; for by law, where Principal the principal is not legitimo modo attinctus et convictus, the "ilnti'y*" accessory cannot be [put] in jeopardy of his life. aocIss°ory'is And firstly, as to whether it was extortion or not, the *°'i"'"^'' Court seemed to be of opinion that it was, and also that it was 136 Slesi 3^fportes Uel Casts 1602 May 7 [p. 97] Chief Justice attainted of high treason for adjourn- ing a trial Council of Wales Judge by patent and not sworn is a Judge excepted from the pardon of 39 Elizabeth ; but the conside- ration of this was reserved that the Judges might dehver their opinions on the next day.' And upon this was now much good matter dehvered touching extortion and its nature to devour him who uses it, and the difference between extortion and bribery in a Judge or Officer, the grievousness of the offence, as to the punishment of Sir Wilham Thorpe, Chief Justice of England, for adjourning the trial of a felon to the next Assizes following, for which offence he was indicted, arraigned, and executed for high treason ; and this was confirmed by Act of Parliament, so heinous, grievous and odious is the offence of corruption and extor- tion in a Judge. ^ Much good matter was delivered by the Lord Keeper and others touching the authority of the Council of Wales, under the Statutes of 26 Henry VIII., cap. 4 & 6, and 84 Hen. VIII., cap. 26, [by which] the President and Council were created. And therefore if a man be made a Judge by patent and be not sworn, still he is a Judge, and shall be punished for extortion or corruption as a Judge : and that he is not sworn is his own fault, and he shall be punished for this. So is the case of the Council of Wales, who are made by patent, and, within all the Marches of Wales, each has good and equal authority ; but if they are not named to the Council and [? do not] receive instructions from the Queen, they cannot sit nor have an allowance for their ' dyete ' at the Queen's charge. This point also was referred to the Judges to consider. ' Their opinion is given post, p. 137. 2 Tliis worthy was appointed Chief Justice of the King s Bench in 1346. In 1350 he was charged with haying talien bribes, and was found guilty by the special Commissioners ap- pointed by King Edward III. to investigate the matter. It was not, however, for adjourning trials, but for staying writs of exigent, that Thorpe received the bribes. He was committed to the Tower, and all his lands and goods were ordered to be seized into the King's hands, until the royal will and pleasure should be known. The King, by a writ dated Nov. 19, 1350, declared that the proper punishment was that Thorpe should be degraded and hanged, and directed the Commis- sioners to pass sentence accordingly, which they did. However, his life was spared, and Coke says that he _ eventually received a full pardon. The record and process were after- wards laid before the Parliament, which confirmed the judgment. Poss. This appears to be the Act of Parlia- ment referred to in the text. in Camera ^tellata 137 By the Lord Keeper : If a defendant in this Court be peunquent ^ aerenclant charged with several offences and is a dehnquent in his ^^^^J^'^^ defence, then all manner of proof is to be extended, with any kind of favourable and gracious interpretation, to charge and condemn him ; and this is the use and rule of this Court. Also a use or rule observed in this Court fisl, if the Noreexami- , nation on plaintiff has examined witnesses on interrogatories which newinterro. ■^ ^ ^ gatones are published, the defendant shall not re-examine them or other witnesses on new interrogatories, but on those first ones only. Kit Camera ^tdlata, coram Consillo ibidem, [pi's] Mercurij, 12 Maij, 1602. Blizab. 44. Tr™ Pasche.^ ^^^^ The same cause between Sir Henry Winston and Sir winston V. Thomas Throckmorton.^ It was opened now that in theock- ■*- MOliTON Michaelmas Term, 43 and 44 Eliz., Sir Henry Winston was plaintiff against Sir Thomas Throckmorton, who was sentenced and fined 1000 marks for a fraudulent deed, '°™3^oaim pronounced by two verdicts to be fraudulent ; and after *'^''' """^ ^ . . Pine o£ 1000 those verdicts, the said Sir Thomas bargained for this deed maAs against Sir secretly and subtilely that he had not notice of this and Tiwmasfor ** "^ _ iraud that he purchased this and to whom the assignment was made. And in Hilary Term, 44 Eliz., Sir Thomas Throck- morton was plaintiff against the said Sir Henry, who was fined £1000 for ' intemperancye et batteryes ' as Justice of Kneot the Peace, in resisting warrants, and principally for procur- against ing an indictment for felony and burglary to be made and f^l^' ^™ found petty larceny. indictment The Judges resolved that the offence of the said Sir Kesoiution ^ ^ of the ]uages Thomas was extortion and not excepted in the pardons of 35 or 39 [Elizabeth], and that he was a justice of oyer and terminer in this county.^ Tlie plaintiff and de- fendant as to ex- tortion The second offence with which they charged the said Sir gf ^^J}"'^ Thomas was that he by his bailiff seized the sheep of one ' Ten Councillora and Judges ' These points had been referred were present. to them ; see ante, p. 136. 2 See ante, p. 134. of tiiis 138 SesJ 3KeporUS M Casts 1602 May 12 p. 99] Time oE the offence uncei-tain, and there- fore par- doned Felony if he depart when he has talcen press-money A good thing to read the Statutes at large and not the Abridg- ments Departure when pressed is punish- able with imprison- ment and death Time of this uncertain, and there- fore par- doned also Talking money to discharge pressed soldiers, a great offence. Mason on suspicion that he was guilty of the death of one who [had been] eight months buried. After [which time, Sir Thomas] procured the Coroner to raise him, and by a jury of his tenants to inquire concerning his death ; and he spoke to the Coroner and the Jurors for the favour that they would not acquit so evil a man, so that as lord of the Manor, he should have chattels of felons. And he bound [Mason] over at three Assizes, when he was discharged by proclamation ; and then he was pressed, through the in- formation of the said Sir Thomas, and sent after the Captain to Bathe for service in Ireland. And he returned without his Captain's warrant, and was then committed by the said Sir Thomas : but the time of this offence was uncertain, and so was pardoned by 35 Elizabeth. Whereupon good matter was resolved by all the Judges, the Attorney and the Lord Keeper, that if a man take money as ' presse-monie,' and be in charge of his Captain, and then depart without warrant, it is felony by the statute of 3 Henry VII., which is not repealed but continues in force. (And therefore the Attorney advises students of the law to read the Statutes at large, and not to trust to the Abridge- ments.) And it is good discretion in any Justice of the Peace to commit such a person, and for the like offence divers [persons] were executed at Mildende, and now it is necessary to publish this. The third offence. One ' Neste, was seised of land in tail, having issue two sons ; both the sons were accused of murder ; the said Sir Thomas took a bond from the younger son of £200 for the payment of £100 after his father's death, to condemn his elder brother of the said murder, and another bond of £200 for the payment of £100 after his father's death, to discharge himself of robbery and felony. The fourth offence. In taking money to discharge pressed soldiers ; but this was against Gar like and other two servants of the said Sir Thomas, and not against Sir Thomas himself. Blank in MS. Ill Camera ^ttllata 139 And so on the whole matter, the said Sir Thomas was, for the first offence only, the extortion, fined 2000 marks, with imprisonment and public confession at the next Assizes. Garlike, for taking money to discharge pressed soldiers, was fined £40, with imprisonment and restitution to the parties : and the others were fined £20, with imprisonment and restitution. Throck- morton fined 2;000 marks, imprison- ment, and confession at the Assizes [p. 100] Garlike fined 401., the others 201., imprison- ment, and satisfaction ^uen'al ^ts^ion^ at (§citistont/ Jovis 27 Maij, 1602 1602. Elizab. 44, before Eichard Bostoke, William Forster, William Gainseforde and Peace and Judges there. John Turner, Justices of the Between William Gardiner and George Etheridge, for riots and forcible entries. Edward Coomes of the Middle Temple of Counsel with Gardiner, and myself ^ with Etheridge. William Gardiner seised of a messuage and lands named Legham, on the last day of May, 39 Elizabeth, made a lease to Edward Branden for 21 years, of all messuages, lands, tenements, woods, underwoods, and other profits, commodities, and hereditaments, with the appur- tenances, etc., (except all timber trees, with free egress and regress to carry them, etc.,) paying JllO yearly at the two feasts or within 20 days after any of the feasts, and if it should happen that the said rent should be in arrear for the space of ten days after the said 20 days, the same being lawfully demanded within the hours of two and five of the same said day [the tenth day] at the ' Cobbarde en Graies Inne Halle in Midd.,' that then, etc. ; And on January 12, 40 Elizabeth, the said Edward Brandon, for £220, assigned his lease and term to the said George Etheridge, who entered, and was, and is, possessed of the same accordingly. And the said William Gardiner demanded the rent accord- G-ARDINER and others Eiot and forcible entry ' In the county of Surrey. ' John Hawarde of the Inner Temple, the writer of the MS The Hawardes lived at Taudridge, which is close to Godstone. 140 %ti aaeportts titl Castes 1602 MayS7 [p. 101] Lambert, fo. 149 Bro. Forcib. eilt. 29 Crompt. fo. 63 Stat. 8 Hen. TI., cap. 9 Fitzberbert Nat. Bre. 249 4 Mar. Diar. 141 Lambert, fo. 187 Crompt. fo. 61 3 Hen. VII. 1» et 10 21 Hen. VII. 39, Fineux Crompt, fo. 62 ing to the condition of the lease, and for non payment thereof, entered on the land, made a lease, and brought eiedione firme ; and the said George Etheridge brought a bill in Chancery ; and now at this Session, George Etheridge preferred three several bills of indictment for forcible and riotous entry. The first was that William Gardener, WilUam Bromloe, Mathew Hatton, John Dodde, John Crumlin, Alan Beste, and William Harlinge, May 8, 44 Elizabeth, with force and arms, manuforti, ' riotose et routouse,' in disturbance of the peace, with weapons offensive and defensive, entered into the gate-house of Legham, and assaulted and beat the servants and cattle of the said George Etheridge and expelled them, contrary to the laws and statutes in that case made and provided. The second was that John Dodde, WUliam Kinge, and James Walter, May 12, 44 Elizabeth, entered on the land with force, ' riotose & routose,' and burnt five wooden carts, and diverted [sic, ? overturned] a load of coals. The third was that William Kinge, Mathewe Hatton, Eichard Eatcliffe, Alan Beste, Thomas Dennis and Eobert Wrighte, May 14, 44 [Elizabeth], entered on the land again, with force as before, and chased and beat the beasts ; and this continued until May 18 aforesaid, and they diverted a ' wane ' of coals. The evidence to prove this was direct ; and the first position was, that all manner of force is condemned by law ; but where one has been in quiet possession for three whole years, without interruption, such a person may guard his possession by force. And that would be said [to be] quiet possession without interruption, if [you] and all yours be not actually driven out, and removed out. And if he, or those whose estate he hath, have been in possession for three years, he may defend his possession with such force and company as he hath in his house, but he may not bring armour, nor company, nor ' shotte ' to guard it. For, it is said, a man may justify battery of another in defence of the possession of his goods, by 21 Edw. III., 34, in Camera ^ttllata 141 a multo fortiori for the defence of his house, which is his hold and castle. And also, if one has rent or other thing for which he may distrain, he may not distrain by force, for then it is punishable by 8 Henry VI., cap. 9, and 15 Eichard II., cap. 2. Also that in an indictment for forcible entry, the title is not material, for if he use force, on good or bad title, it is all one. And therefore, if A disseise B, and B oust A by force ; A shall be restored to possession of the land, and yet he is a disseisor. But in an action or indictment of trespass, the force depends on the validity of the title ; and indictment for force is only by the Queen. And so, firstly I proved the three years' possession and no actual ouster, and the entry by force and with weapons ; and upon the whole matter our three indictments were found. 20 Hett. VI., 11 43 Ass. pi. 22 Hen. VI., 23 49 Ass. 7 2 Hen. VII. 13 [p. 102] 22 Hen. VI., 18 Lambert, fo. 168 Lambert, (0. 144 7 Hen. VI., 13 d! 40 At the same time also, the said M'' Gardiner preferred GAUDii-EK five several indictments against George Etheridge and his ethehidgk ^ ^_ ^ ^ and otiiers servants for five several riots and forcible detainers of the „."""* Riots, &c. said messuage and land of Legham, and gave in evidence the lease, and used the testimony of the parties formerly indicted. Whereupon I moved firstly, that in no case is the title itself to be examined ; moreover, the matter in law is with us, and the tender was according to the condition ; and the said Gardiner has brought an ejectment since his re-entry, and they could not now judge the title : and so [I] pressed them to prove a lawful entry and an actual ouster, both of which could not be proved ; for on enforcement that they were for the Queen, they had favourable hearing, and their evidence was heard at large, notwithstanding I challenged the witnesses, being first charged for the former riot and force, and thus they swore for the clearing of themselves. And therefore I moved that the jury might first find our three indictments, and then to give the other evidence. Query these two last points. And all this notwithstanding, the jury found all "Ignoramus" ; and after this verdict. Counsel moved to have the appearance of 142 %(& aafjportesJ tid Casfcs May 27 *"^° [^^ ^'^^ defendants] recorded -, for M"' Bostoke, hearing and having knowledge of the riot and force, went to the land, and there finding two of M'^ Gardiner's men, bound them to appear at this Session, and after the taking of their appearance, and recording it, he delivered cerciorare to remove all indicted with William Gardener and William Bromlie. [p. 103] Also I moved that the charges of divers of the Justices and Jury should be borne by the said Gardiner, because this Session was not on the complaint of any one, but the Justices themselves having knowledge of [the affair] ap- pointed it of themselves, being the neighbouring Justices 'inhabitant penall' by 13 Henry IV., cap. 7; for, by 8 Henry VI. cap. 9, if a session be held on a complaint of force, the party who complains shall bear the charge, but if Qufiry. it be on account of a riot, the Queen shall bear the charge. In our case we had not brought the indictment under 8 Henry VI. cap. 9, but generally, "against the laws and statutes and riotously and routously, manu forti, they did enter " ; and they brought indictments of riot only, the one of which bore date before any of ours, and the indictment is the complaint that the Statute intends. Therefore we are to be discharged from the costs and charges, and the Queen or the said Gardiner must pay them. But Gardener refused to pay a penny, and the charges in all amount to £5 ; but at last the Justices persuaded [Gardiner] that he should pay five nobles, and Etheridge [should pay] the residue,' which was hard. Query. At last after much persuasion by the Justices, and at the great and instant desire of the inhabitants of Godstone, Gardiner and Etheridge were content and agreed to refer all matters to the arbitrament of the said four Justices,^ and with their consent a motion should be made to the Lord Keeper for a commission to those four to examine and determine all causes between them, aU pending actions to be stayed, and all wood to remain without being removed, ' Five nobles amounts to 11. 13s. id. ^ Those holding the Special Session ; see ante, p. 139. lit Camera ^tellata 143 so that the Justices could view the wood at Midsummer following. hi Camera ^tellata, coram Consiiio ibidem, fp-^"*^ Mercurij, 9 Junij, Eiizab. 44, An°que Do™* 1602. Tr°° juneg Trinitat.' Before the hearing of causes, the Attorney moved for Motion the reference of a demurrer on an information sent in by him against a libeller, for an ' infamouse libelle ' : ^ Phillips ^1^™°^ defended the plea and said that [it was] not a demurrer, andfJSer for a former bill was preferred in this Court for the same Se o?^ "' offence and taken again out of the Court, by the order of Biutakea ° •' out by order, the Court and with the assent of the parties, and so he stiuthe ■*- Queen 3 craved the iudgment of the Court : But the Queen's Attorney ti ^ ^ may proceed Attorney, notwithstanding this, if he find cause to gain a t-^^"*"™^' fine for the Queen, may proceed by information : And so it was ruled by the Court. And he said that he did not wish to compound a libel, for it is a growing vice, and Jjnaemned there are more infamous libels [now] within a few days than ever there were in the ages last past. The Lord Keeper upon this and the motion following. Lord Keeper did greatly reprehend demurrers, being frivolous, and murrers always for delay ; thus it is a common motion, " I praye referre a Demurrer," being a thing of course that when it is found insufficient, the party shall pay small costs : but it is necessary that for any insufficient demurrer the party shall pay very many and great costs, according to the |,r°e*oh'^^ quality of the damage of him who is thus delayed. To Smumr this the Chief Justice agreed, and, by way of advice, did exhort Counsellors at Law not to permit their clients to ^""^e™"^"' demur without good and sufficient cause, and this with ^e'law™'^ °* judgment and discretion, otherwise the Court would tax them with weakness, and defect of knowledge, discretion and judgment. ' Nine Councillors and Judges Michael Cawley and others; see posi, were present. pp. 146, 147, and Appendix VII. ^ Probably the case against 144 Slesi ilfjjortes trcl Cases 1S02 June 9 tp. 105] PLYjMIOUTH Water- works case Sir Francis Drake conveys the river to Plimmouth Course of tlie Court Precedent not required where the case is great and neces- sary, and for the public good Serjeant Healle, now Queen's Serjeant,' moved that whereas by 27 Elizabeth, cap. 20, the river of Mewe [Meavy] is to be brought by the Maior & ' Cominaltye ' of Phmmouth to the town of Phmmouthe, which was done by the industry and charge of Sir Frauncis Drake,^ to the great commodity of the town, the country, the Queen's Navy in the harbour there, and for the pubhc good other- wise in the making of tinne, and by the benefit of the fresh water, and whereas a bill was preferred two years ago against ' Grenefeilde and others for the riotous stopping of the course thereof, and for throwing down the banks and fosses ; and a demurrer was entered thereupon, and certified [to be] insufficient ; and now since Easter Term, the fosses and banks are thrown down and stopped, to the prejudice not of the town only, but of the public good ; and thereupon he moved that, according to the course of the Court, it should be ordered that the Eiver should be continued in the same course as it was at the time of the bill preferred. And the Lord Keeper ordered this accordingly, saying, that it was not material, even if it be not the course of the Court, for in such great cases, in which there was great mischief, and it was so necessary for the public good, a precedent was not necessary to direct them, but they could make an order according to the necessity and nature of the thing itself." ' ' Sergeant Heale was made the Quenes sergeant this sommer, and rode circuit with Judge Gawdie in Sussex, Surrey, Kent, Essex, and Hartfordshire, wherein lie plaide such pranckes, and so demeaned himselfe, that he is become both odious and rediculous.' Chamber- lain's Letters, Camden Soc, p. 152. 2 1589. ' Also this yere the com- posytyon was made betwene the town and Sir Fraunces Drake for the bringinge of the river of Meve to the towne, for which the towne haue paid hym ii C li., and more C li., for which he is to compounde with the lordes of the lande over wich it commeth.' 1590. ' This yere on the daye of December Sir Fraunces Drake kneight, beganue to bringe the ryuer of Meve to the towne of Plymouthe which, beinge in lenght about 25 myles, he with great care and dili- gence effected, and brought the river into the towne the xxiiijth day of Aprill then next after.' MSS. of the Corporation of Plymouth. Hist. MSS. Camm., 9th Eep. App. pt. i. p. 278. = Blank in MS. ■" See Appendix VIII. m Canura ^tellata 145 A cause was heard between Plowden and Blundell, plowdek and plaintiffs, against Braughton, Counsellor of the Inner blundell Temple, Powelle, Hues, and others, for riot and other ^^^^4^™" misdemeanours. „. ^ — : Riot and The father of Plowden, being a grave lawyer,' a man of ^tmLmura great judgment and honesty, having a lease from the Queen of the Eectory of Bishop's Castle in Shropshire, at the rent of £19 13s. id. per annum, and two decrees for Cn-ios] this in the Exchequer, the defendant Braughton, having a lease of the Eectory of Lidberrye-northe, adjoining the Eectory of Bishop's Castle, intended [i.e. pretended] that this passed also by bis lease, and by colour of this intended a year before to take the tithes, and would ' shuffle ' for Mot in taking tithes them, and procured labourers twenty miles distant by Misde- meanour means of Hues, a Justice of the Peace, who sent them, in procuring and with them Braughton sent his servants, with carts and weapons, to carry the tithes, and they maimed and wounded the servants of Plowden ; and Braughton, with other gentlemen, saw this, and did not countermand it. The misdemeanour was that Braughton, being a Judge Acquittal in three Counties in Wales, ^ procured before himself as demeanour because no Judge an informer content to have his name used, while p™of Braughton would maintain the suit at his own cost. But this was not proved by any one but one only, who had been sentenced to suffer at the pillory for perjury and other offences, which the Court would not suffer to be read, as he was sentenced before the suit commenced. For a Jt"Jge . . favoured in Judge, in his just and honest courses, will be protected weii-doing, by this Court with grace and favour, and the proof to eo^trary '' . , ^ Proof to accuse him must be plain and apparent, and such evidence accuse a judge muht is only ad informandam conscientiam ; but if he do evil and t>« ^i^*' and offend, this Court will punish him with great and heavy exception ' Edmund Plowden, of the Middle and two hiding-places ; which are Temple, son of Humphrey Plowden probably accounted for by the fact of Plowden, in the parish of Lydbury that Edmund Plowden the lawyer North, Shropshire. Plowden Hall, was a staunch Boman Catholic, which is still in the possession of the There is a full-length recumbent family, is a half-timbered building monument to his memory in the of the Elizabethan and Jacobean Temple Church, periods. It contains a private chapel - A Justice of the Peace. 146 iCes ^aeportcs M Cages 1602 June 9 Braughton fined 2002. and im- prisonment, and ' dis- justiced ' [p. 107] A CounciUor of the Marches can only be removed by the Queen punishment. Braughton, being an erudite man, and in a place of justice and dignity for his virtue and erudition, et quanto maior est dignitas tanto inagis fuerit plus reum [sic], was fined ^200, and removed from [his ofQce as] Justice of the Peace, but being of the Council of the Marches, he is made by the Queen, and she gives him instructions, and he cannot be removed but by her. Two other defendants, gentlemen, each [fined] iSlOO, the other defendants £20 each, and imprisonment. Braughton to pay the fines of the others who are not of ability. The Lord Keeper moved that the parties maimed should have their expenses and some recompence ; ad quod nihil fuit I'esponsum} Order to have those whipped wlio prefer petitions for trial at common law, after the cause is sentenced The Lord Keeper moved that a man named Pike, after this court had sentenced [pronounced] a deed to be forged and [ordered] it to be cancelled, had moved by petition to him to have a trial at Common Law, and his wife, in time before, had preferred such a petition to the Queen and to him [the Lord Keeper] ; And it was ordered by the Court that if she did this again, she should be lashed ; and as to the right the husband had, the Court answered nothing. Earl of Lincoln The Earl of Lincolue conforms himself after contempts and impri- sonment The Queen's Attorney moved between the Earl of Lincolne and Ascewe.^ Now the Earl, after many contempts and disobeyings of orders and decrees of the Court, after conference with the said Attorney, submitted himself to the order of the Court, and craved a reference to two Judges to assess the damages ; which was ordered accordingly. Infamous libel against Privy Councillors The At- torney may use the [p. 108] messenger He moved also that he, having preferred information against three for an infamous libel against some of state for conveying £3,000,000 out of the realm,^ etc., had seized the principal of them after attachment by a messenger, and he prayed to have several of the others committed ; and if he did not answer the interrogatories within a brief time, to be held pro confesso. And all was ordered accordingly. ' See post, p. 147. 2 See ante, pp. 12, 114. ' Probably the case against Michael Cawley and others, ante, p. 143, and below. in Camera ^tfllata 147 $11 Cantfl'a ^tellata, coram consilio ibidem, Veneris, 1602 11 Junij, 1602, Elizab. 44, Tr"° Trinitat.' The Attorney moved, in the great case of Caullye for libel, to have a short day to examine them.^ The cross bill was heard, Braughton and others, plain- tiffs, against Plowden, Blundell and others, defendants, for riots. ^ It was a great bill, containing 66 sheets of paper, and much idle and frivolous matter against himself, as, after folio 40, "they assemble riotouselie & goe together in most freindelye & louing mann'"," etc., that no resistance was offered, and such ridiculous matter as moved very much laughter. But the Lord Keeper said, " Althoughe it be good to be merrye some time, & this be S' Barnabas daye, the longeste daye in the yeere, yet let vs not spende the hole daye in this place w* wordes to no purpose." The riot was supposed to be made in taking the tithes of the Eectories of Bishop's Castle and Lidberrie Northe by colour of a lease in Braughton supposing them to be one entire thing, as on the day before, and the other lease to be void, being on a ' concealde title ' and a die datus ; and it was in like manner as before, namely : — Braughton, on the day before the supposed riot, went to Plowden's house, and offered him that there might be a trial as to the tithes in question, or that Judge Owen," ' Eight Councillors and Judges were present. ^ The defendants were William Elston, Gilbert Wilkinson, Anthony Atkinson and Michael Cawley. They had published divers libels on the Privy Council, the Lord Treasurer, and others. State Papers, Dom., Ehz., vol. 283, No. 7. ' The last day of the terme, at the Starre Chamber, Atkinson, Wilkinson, Elson, and Cawley, the accusers of the Lord Treasurer, were, after a longe and tedious hearing, condemned in a fine, to be whipt, to stand on the pillorie and lose theire eares, and to the gallies, or perpetuall imprisonment. The Att.-Gex. Cawley and others Libel Braughton Plowden and others Idle and frivolous bin Riot in talciog tithes. A man may do a just thing, but not justly ; a right thing, but not rightly Braughton uses a dis- creet course first and the third found some litle favour, and were dispensed withall for whipping and their eares, in con- sideration the one was very penitent, and had revealed the whole plot and drift ; the other for that he was a souldier, and so more subject to discontentment.' Chamberlain's Letters, Camden Soc, p. 144. ' On Wensday last Atkinson and his fellowes had theire payment in Cheapside according to the sentence in the Star Chamber.' i^tfZ., p. 145. See ante, pp. 143, 146, and Appen- dix VII. ^ See ante, p. 145. •■ Thomas Owen, one of the Judges of the Common Pleas. 148 Xts »'s be enters with many others riotously, the master is a rioter, manderis In the first cause, where Ewer was defendant, he was fined Fioeaoo?., £200, and damages, the others his servants, 40 marks and mentasot n,r\ ^ T ■ • Course 20 marks, and imprisonment. In the second cause, where Ewer was plaintiff for ^"^'^^ MilYLES ' See note, p. 160. " Probably Lord Henry Howard, ' Probably Sir Edmund Baynham, second son of Henry Howard, Earl Forgery captain of the club of profligates of Surrey (beheaded, 1547) ; he was known as the ' Damned Crue.' One afterwards created Baron Howard of of his exploits is recorded in this Marnhill, and Earl of Northamp- book, mite, p. 114. He was after- ton. wards implicated in the Gunpowder * Sir William Knowles was created Plot. See Manningham's JJiary, Baron Knowles of (irejs, co. Oxford, Camden Soc. p. 142. May 13, 1603. 166 %t^ ja^portts! titl Cases! 1603 May 27 piaintifl forgery, he did not prove anything, and therefore was fined fined 4UZ. for " ■*■ »/ o' want of £4:0. proof of his biU Causes Other two causes of hearing were referred to be tried at retained . ^ are tried at common law, and retained here [in the meantime]. common law 1603 June 1 "Wats and others [p. 120] Tine 500Z., pillory and imprison- meut hX Camera ^tellata, coram ConsiHo ibidem, Mercurij, 1° Junij, 1603, Jacobi Eegis 1°.' Counden, plaintiff, Wats and others, defendants ; the defendants having a Commission of Eebellion for contempt in this Court [done] by the plaintiff, which had been par- doned, they executed it barbarously and cruelly upon him, being 'bethered,' ^ and they dragged him in his ' shirte, wast kote & stockings ' only, and carried him to prison, contemptuously disobeying the letter of the Lord Keeper for the discharge of the Commission, and saying that they had authority to take him to prison, alive or dead, and that they would make ' dyce of his bones & bury him vpon a donge hill' ; the plaintiff's wife and son offered £10 for his discharge, but they would not accept it. The plaintiff^ was fined £500, pillory and imprisonment ; the others £100 each and imprisonment. commis- It was Ordered that Commissions of Eebellion should sions of re- beuion not be awarded but to men of good fame and credit, and ought to be ° executed by knowDi to the ofQcers of this Court : for in executing of men of good ^ ^ fame them there is great abuse. Waterman Another causc of hearing between Waterman, plamtifl', vowELL and Vowell, defendant, a Justice of the peace in Devonshire, Mi'de- for four misdemeanours in him : but it was adiourned to mcanom-s in " a Justice oi auother day."* Peace ^ It was ruled there that Justices of Peace are not to meii.ue witu meddle with forgery, but Justices of Assize [only]. forgery, but a J > L J J Justices of Peace not to irgerj Justices of Assise ' Seven Councillors and Judges were present. 2 Halliwell gives 'bedered ' = bed- ridden. ^ Sic. Wats is apparently meant. * See post, p. 167. lit Camera ^tellata 167 It was also delivered as the rule and usage of the Court Rule ana that if a man of Counsel with the plaintiff or defendant counsellor . to be exam- is served with process to be examined as a witness, he is 1™^ as a *■ witness by wont in good discretion to move the Court and to have an order ana ^ not other- order before he is examined. John Heall's case, of the ™se, in ' good dis- Inner Temple. '='^^*'™ In Camera ^tfllata, coram Consilio ibidem, 1603 June 3 Veneris, 3 Junij, 1603, Jacobi Eegis 1°.' The former cause of hearing was adjourned to the first waterman day of next term in regard that the Lord Treasurer and vowell the Lord KnowUes, were now absent, who were present on Aajoumed to next term the former day.^ XTndkr- Shehiff op Another cause of hearing was between the Under- ■yoEKSHmE Sheriff of Yorkshire, plaintiff, and Homden, defendant, and HoraBS others, for riot against the Under-Sheriff, for resisting him f^°^gtS>g the in serving execution for the Queen out of the Court of gileriflin W arQS. execution It was adjudged a great offence, and now common and Q^em exorbitant, and in the nature of rebellion and contempt of jg^ the King. And for this fHomdenl was fined £500, and sentence on ° 4, -^ behalf of an the others £200 each, and 200 marks for damages, and vnnev- ^ Sherifc costs as of course, and imprisonment, and bound for good Hue 500^., behaviour, and confession at the Assizes. thepai-tv 200 marks, costs and imprison- ment as of Ut pena ad paucos, inetus ad omnes, perveniat. Another cause of hearing against Burlaie for perjury burlaie's and forgery, ' broughte to hearuige by the defend'",' and — the bill was slanderous and scandalous. The plaintiff was cleared, and plaintiff fined to the King £200. And admonition to Counsellors fli'^'i *»'• 'o^ ^ . false claim that they do not defame men of better credit than them- Admonition to Counsel selves. ' Seven Councillors and Judges were present. ^ See ante, p. 166. 168 %t^ Mfpoiteg 5jel Cas!f0 1603 June 3 Part- RiGE's case Petty rioters fined 101. under an order is not to be taken by force 16M April 19, 20, and 21 Sathe- FIKLDE'S case Case of Thomas SKljDAMOR alias HiTiT.E, a priest Another cause of hearing against Partrige and others, for petty riot. Partrige was cleared, but the others were fined each £10. And the opinion of the Court was that it was apter for the Quarter Sessions than for this place. And it was ruled by the Court that if there be an order either in this Court, in the Chancery, or in the Marches [Court], to have possession, it is no warrant to commit a riot in taking possession, but [such a riot] is punishable here. SI CeSiglOnSi al ^tlUgate, Jovis, Veneris et Saturni, 19, 20 et 21 April, 1604, Jacobi Kegis 2°, Lo. Maior, S"" Thorn. Bennette, ambideux Chiefe Justices, Eecorder, et auters adonque presente. Sathefeilde, a Constable, was indicted for assault on Provost-Marshall Waldron, and for disorder in time of pestilence, his house being infected, and for resorting to the Mayor. He was fined 100 marks, and [to be] im- prisoned during the Lord Mayor's pleasure, and [to be] bound for his good behaviour. One Thomas Skidamor alias Hille was indicted of treason for being a priest made by the power of the Pope, and being in England and dwelling there contrary to 1 Eliz.' and the proclamation of the now King; and there- fore he was condemned as a traitor, on his own confession, being taken in the execution of his office as priest, cele- brating the Mass. p. 131] 1604 Att.-Gen. V. Heallb Jn Camera ^tdlata, coram ConsiUo ibidem, Veneris, 22 Junij, 1604, Jacobi Eegis Angliae, Prancie et Hiberniae secundo, et Scotiae 37.^ Sir John Croke moved against Sergeant Healle at the suit of the Attorney-General for a better answer, and for examination on interrogatories.' ' 1 Eliz. cap. I., sec. 30, &c. ' Eleven Councillors and Judges were present. ' See jpost, p. 171, and Appendix XII. m Camera ^tdlata 169 ' The Lo. Chauncellor > seemed to Pinde greate Faulte w* the multitude of references, to the Clyente's great charge & the Judge's trouble, & therefore Coulde rather wyshe that bothe bille, aunsweare & interrogatories mighte be reade in Cowrte (especiallye in greate Causes), & by them ordered w*oute anye reference ; w"'' was assented vnto by the wholle Courte, & the nexte daye appointed to heare the same ; and so likewyse in the greateste Cause now of Englande betweene the Lo. Sidnie ^ & Sir Eoberte Dudlye for th'earldomes of Warwike & Lester : w"'' the Attornie moued nexte. 'That whereas the Earle of Lester' had named S'' smRoEEnT • • 1 j_ 1 Dudley's Eoberte Dudlye m ms testamente 17 times bastarde, case whome he had by the Ladye Sheffeilde,"* S'' Eobert Dudlye hathe stirred vp some to Calle him bastarde, & in the Ecclesiastieall Cowrte, by the subornation of Thomas Drurye, hathe endeauoured to proue himselfe legitimate & the Ladye Sheffeilde, his mother, marryed to the Earle of [p. 132] Lester, to the greate dishonor of that noble and vertuouse Ladye, Lettis, now Countesse of Lester ^ ; & that S"' Eoberte Duddlye hathe gyven the Eagged staffe to his men that walke vpon the Thames w* the same, & Callethe himselfe Earle of Warwike & Lester, for proffe whereof an Affidauit was produced vpon the reporte of a waterman : & that this was verye dishonorable to the kinge whoe is the lyfe & fountaine of all honors & dignities, & the Countes of Lester had complayned thereof to the Kinge by petition, & the Kinge had subscrybed it & did muche dislyke the con- temptuous & proude Courses & attemptes of S'" Eoberte ' Sir Thomas Egerton, Lord Elles- Viscount Lisle May 4, 1605, and mere, the Lord Keeper, was made Earl of Leicester August 2, 1618. Lord Chancellor July 24, 1603. " Eobert Dudley. Foss. '* Douglas, daughter of William, 2 Sir Eobert Sydney, brother of Lord Howard of Effingham, and Sir Philip, and son of Sir Henry, by widow of John, Lord Sheffield. his wife Mary Dudley, daughter of ' The widow of Eobert Dudley, John, Duke of Northumberland, and Earl of Leicester. She was the sister of Eobert, Earl of Leicester. daughter of Sir Francis KnoUes, and Sir Eobert Sydney was createdBaron was first married to Walter Devereux, Sydney of Penshurst May 13, 1603; Earl of Essex. 170 seg iiatportcs! liel Casesf ju°ne22 Dudlye & willed the same showlde be examyned and punished by his Counselle ; the other parte of the Attornie's motion was that whereas S"' Eoberte Dudlye wente to exemplifye those wytnesses that were examyned, that [he] mighte be stayed ; S"" Eoberte Dudlie being presente in Courte aunsweared that he neuer gaue the ragged staffe, neyther publyshed himselfe Earle of Warwike & Lester ' : whereypon the Lo. Chauncellor gathered that then he showlde doe well not to doe it till the Cause were deter- myned, but Dudlye sayde that M'' Atturnie did Caste forthe manye scandalous aspersyons and rumors to preiudgho his Cause before it Came to hearinge, & therefore desyred [p. 133] the bille & aunsweare mighte be hearde publikelye in the Cowrte, w* was so ordered, & the nexte daye lyke wyse appointed for the same. ' This was generallye obserued to be a verye greate Cause, & manye honorable personages interested in the same eyther in bloude or righte ; & for that purpose there Came w"" S" Eoberte Dudlye & stoode by him w*in the Courte the Lo. Dudlye,^ the Lo. Sheffeilde ' and the Lo. of Effingham ^ : wherevpon the Atturnie tooke an occasyon to moue that whereas he serued a gracyouse Kinge, it was a strange presydente that so greate & honorable personages showlde Come so in Cowrte to Countenance & embrace any Cause Contrarye to the lawe, & therefore desyred this Cowrte woulde haue Consyderacyon of it. Wherevpon the Lorde Sheffeilde seemed to be verye muche offended & tooke it ill that M" Atturnie showlde so indiscreatelye taxe them whoe came but to heare & to see howe the worlde ' I have not been able to ascer- He was the son of Douglas, Lady tain that Dudley styled himself Earl ShefBeld, whose alleged marriage of Warwick and Leicester before this with the Earl of Leicester was the time ; he certainly did so later. See real issue of this case. He was con- Appendix XIII. sequently Sir Bobert's half-brother. 2 Edward Sutton, 9th Baron. He MViUiam, Lord Howard of Efiing- was a distant relation of Sir Bobert's; ham, who was so created in the lite- John Dudley, Sir Bobert's great- time of his father Charles, Earl of great-grandfather was a son of John Nottingham. He was nephew to Sutton, 4th Baron Dudley. See Douglas (Howard), Lady Sheffield, Burke's Extinct Peerage, and Diet. and consequently first cousin to Sir of Nat. Biog., s.v. Edmund Dudley. Robert Dudley. ' Edmund Sheffield, 3rd Baron, m Camfra ^tellata I7i wente. & then the Lo. Zouche desyred to be resokied what the Course of y" Cowrte was, for he was allwayes of opinion that euery Baron of Englaunde mighte take place & sitte in this Cowrte. The Lord Chauncellor sayde it was no time nor place for it now, but woulde leaue it vntill the kinge's pleasure were knowne touchinge the same. For [p.isi] the matter of honor or title, this Courte vsethe not to decide, but leauethe it to the Marshall's place, & the kinge had allreadye appointed lordes for that purpose, as it was in the Barle of Kente's Cause, & Dethicke, then Garter, & M"" Kotherham : & after the matters of honor & title are determyned then the Cause to receaue iudgemente here.' ' 5 It Camera ^ttllata, coram Consilio ibidem, i604 Mercurij, Veneris, Mercurij et Veneris, 10, 12, 17 et 19 i2°i7ri9 ' diebus Octobr. 1604, ter"° Miehaelis, adonque presente, Lo. Chauncellor, Bancrofte archeuesque de Canterberie, Lo. Tresorer, Lo. Admirall, Counte Northumberland, Count Deuon, Count Northampton, Vicounte Cramborne, Secretarie Herberte, Popham Ch. Justice, Baron Sauuell, et Justice Warberton, et les 2" latter iours Lo. Burleigh fuit auxy presente. Pour entire days were spent wholly ' in the hearinge of att.-ge?;. Sergaunte Healle's greate Cause at the suite of the kinge's heaLle Ma''% by the Informacion of Sir Edwarde Coke, his Ma'''^'^ Attornie generall,^ at the relation of Sir John Lucen of Kente ; S"^ Edward Phillips, S"" John Croke, the kinge's sergeaunts, & S"' Frauneis Bacon of his Ma""'^ Counsell, did allso speake in the Cause, & Edward Comes of the Middle Temple, sollicitor for S'' John Lucen. The In- formacyon was againste Sir John Healle, the kinge's auncyente Sergeaunte & the onelye Sergeaunte to the late Queene, William Kinge an atturnie. Dun & Bruen, the ser- geaunfce's men. Sergeaunte Hubberde & Sergeaunt Hutton & Eandall Crue were of Counsell w"' Hele, Thomas Crue for Kinge, Hide & Moore w"" Bruen, for Dun was deade > See post, pp. 186, 198, 204, 205, and Appendix XIII. ^ See ante, p. 168, and Appendix XII. 172 2:es; iaejportts trel €n$t^ J?°''r, ,„ synce the laste terme, &, as the Atturnie informed, of an October 10, ' 12, 17, 19 unfortunate & violente deathe, for he stabde himselfe, w* [p. 136] ^as denied by Heale, & offred to proue it by the reporte of Dun's wife, her letter, the preachers & phisicions that were presente at his deathe & now in Cowrte. ' The charge was opened by Philhppes firste by waye of mducemente to the matter, & yet not layed in the biUe, nor charged to be broughte to sentence : w*^*" was that Heale, hauing in the 42* [sic] yeare of the late Queene, Corruptlye to obtaine for him the M'"shippe of the Eowlles, lente to the late Lo. Cobham,' attainted of treason in 1° Jacobi Regis, & became bounde to S'' Eob' Lee, Alderman of London, & the wydowe Gurnie,^ for the sayde Lor. Cobham, for & in the sommes of 3500'* of due dette, w^'oute anie manner of intereste or loane for the same agreed vpon at the firste bargayne : but the sayde Heale in 44 Elizab., beinge oute of hope & despayriage to attaine to the M'ship of the Eowlles, deales w* the Lo. Cobham for his monie & sues his bondes, hauinge bondes of 10,000" forfeyted vnto him ; the suite Commenced w**'oute Consente, but iudgementes had vpon all the bondes by the Consente of the Lo. Cobham : & an agreemente drawne by the Sergeaunte's man, w""" he tooke to be a deffeazaunce, & y" Sergaunte himselfe penned the same & sente it to the late Lo. Cobham to peruse the same by his Counselle, whoe after twooe or three dayes, retorned the same backe againe to y'' sergeaunte ; & there- vpon y" same was sealled and delyuered, w°'^ was in effecte that Dayes of payemente were agreede, the due dette, at the fyrste w*oute any intereste agreede vpon in 42 elizab., was now Caste vp vpon a full & finalle accounte at dayes to Come to be 4660" 13^ 4*, to be payde, 1476" 13^ 4'^ [on the] 18 Octobr. 1608, 1075" [on the] 19 Januar. An" 1603,^ 1050" [on the] 22 April 1604, 1050" [on the] 23 ' Henry Brooke, Lord Cobham, in 1690, and was buried at S. attainted for participation in the Michael's, Crooked Lane, March 21, alleged treason o£ Sir Vfalter Ea- 1596. She died in 1612, and was leigh. He was not dead at this time, buried at S. Bryde's. See The but is called ' late Lord Cobham ' in Becords of the Souse of Gournay, respect to his attainder. by Daniel Gurney, F.S.A., p. 498. 2 Probably Jane, widow oi Eichard * 1G03-4. Gurney, oi London. He was Sheriff m Camera ^tdlata 173 Octobr. 1604. This was done in Hillarye terme 44 elizab. Eeginae, & by Consente a relleasse of errors. That y^ [p-is6] Sergeaunte did draws & penne the agreemente subtellye & Cautelouslye, & in deede no defeazaunce, for the eye of the lawe neuer sawe any suche defeasaunce, & Clausulae inconsuetae inducunt suspicionem, for it was agreede by the intended defeasaunce that y" monie beings paide at the former daies sette downe, that then after the paiementes, and a rellease of errors vpon requsste to delyuer all obligaeions discharged or acknowledge satisfaction &c. so that it is no good defeasaunce, an arrowe of the Sergeaunte's quyuer made w'^'in y" Circle of his chamber cautelously & craftely done. Primae impressiones inducunt suspicionem, res ipsa loquitur, a blemishe of the lawe. firste to Con- firme, then to Confute the Sergeaunte Contrarye to his owns agreemente, the Lo. Cobham, (15 Jtilij) and George Brooke,^ being restrayned 13 Jidij, to preuente the kinge of his escheate after Trinitis terme, dealethe w"* Kinge, an Atturnie, the (15 et 16 et) 19* of Julye to haue Elegits retornable in June {tres trinitat.) then paste, but Kings tolde him the yeare beings paste he muste of necessitie haus a scir. fac, for the law pretendes he hathe somethinge to pleade in barre, so this is to depriue the subiecte of his birtherighte ; qiood contra racionem iuris introductum est, non debet trahi ad consequentiam . iudicandum est legibus non exemplis. Hauinge done nothinge in Fyue termes before but onslys in ths fyueths [fifth] terme praye an elegit in Kente onelye, dsales w"^ Kinge to haue ths Scir. fac. ante- dated & returns thsm nihil liabet nee est inuentus after the terms, whsn y" gates of Justice are shutt vp & retorne paste, & this [is] good by the aduyse of the Prenothorie Scotte, so as thsrs be neither practise, fraude nor preiudice. The Sergeaunte knowinge that ths S'*" & 14 dayes of June the treasons were Committed, & beinge presente, & in his owne opinion thoughts them guyltye, notw*standings presentss his exscucion, contrarye to the trusts & dutye of his place ; & beings Commandsd to attsnde the 12* of ' Lord Cobham's brother. 174 ^fg Hf ported titl Cas(e£{ cfolob 10 September at Woodstocke, the treasons beinge there 12,17,19 ' examyned, was appointed to frame inditements againste [p. 137] them, & the 21* [sic] of September was presente at Maydenheade when they were endited, & gaue in euydence himselfe, when they were Conuycted ; & farther, beinge graced w* a Judge's place, to the wronge & iniurie of that seruice & to preuente the kinge of his escheate, proceedes w* his execution ypon the landes & goods of y" Lo. Cob- ham & George Broke, & executes the same euen at the time of the Assises when he himselfe sate Judge in that Circuite, & sendes his man Bruen, whoe dealles w"" the Lo. Cobham's men & w* the sherife & w"^ the Jurors to Come to the knowledge of the goods & to vndervallewe them, vsinge many perswasions to them that it woulde be y^ better for the Lo. Cobham, that his M"' was his beste freinde, & the longer it woulde be before the landes showlde Come to the kinge, & the Seottes woulde not be so hastye to begge them. 29 Septembr., the daye of the assises. Jurors taken from the barre & promised to be discharged of all issues, fines & amerciamentes, & so the landes & goodes were vallewed at the tenthe parte ; as a lease vallewed at 100 markes that was 177"' per annum & 19 yeares to Come ; & so vallewes by the name of Ferme, w'^'' is nomen Collectiuum & one les appertenaimces passe tout : & after y" praysinge [i.e. appraising] the Sergeaunte geuethe one of the Jurye thanks, & promysethe one of the Lo. Cobham's men to be as good vnto him as his Lorde was ; faire wordes, but foule matter : the starre chamber, the schoole of Englaunde to punishe all fraude & practises, as the Chauncery dothe all rigor & extremitie, the one a bridle, th'other a spurre : gloriari in malitia, mala metis, malus animus, & he is sworne dulye and trulye to minister the king's matters.' But with- out question the King is not entitled before attainder, 3 Hen. VI., for a petition to have relief [is] not a petition of grace but of right. 7 Hen. IV., 33 Hen. VI. fol. 51. In 33 Hen. VIII., cap. [? 22] ; Shelton, Attorney of the King's Wards. Smithe and Younge's case. in Camera ^Wlata 175 Fatetur /acinus qui fugit iudicium. Cp- i^*] Qui errat ne consentit [sic]. ' No veritie, no vnity.' But upon the whole matter, he was condemned. And sentence the sentence of Secretary Herberte ' [was], that the extents were void, [Healle] to be fined £2000, imprisonment, and suspended from being King's Serjeant ; and Bruen to be fined £200 and imprisonment ; but Kinge to be acquitted. Justice Warberton : to fine the Sergeant £1000, and that he should have no benefit of his execution, and imprisonment ; fine Bruen £100, and imprisonment ; and acquit Kinge. Baron Sauuelle : fine the Serjeant £1000, and to be free, as [there was] no execution ; fine Bruen £100, and acquit Kinge. The Lord Chief Justice : acquit Hele and Kinge of everything, and allow the usages of antedating process, for some things the law commands and others the law tolerates, and parua mora non est mora ; and that as to this case, this Court could not give sentence : but fine Bruen £100. Lord Burlie : fine the Serjeant £500, and revoke the extent ; acquit Kinge ; and fine Bruen £100. The Bishop of London ^ : acquit Hele and Kinge of everything, and fine Bruen £40. Lord Cecil!, Viscount Cranbourne : fine Bruen £200 ; acquit Kinge ; and acquit Hele of fraud, corruption and practice, but fine him for the misdemeanour £1000, 'yf th'execution be not discharged ' ; and he protested if he had known the offence to be of such a nature, he would never have agreed to have a public hearing. The Earl of Northampton protested the like, and was in everything of the same opinion. The Earl of Devon of the same opinion in everything. The Earl of Northumberland : fine the Serjeant £1000 and remove him from his place ; and acquit Kinge and Bruen. ' Sir John Herbert, Secretary of London, but at this time Archbishop State. of Canterbury. See list of Judges, - Richard Bancroft, late Bishop of ante, p. 171. 176 ^t$ aafporttsJ M CaeifS 1604 October 10, 12, 17, 19 [p. 139] The Earl of Nottingham, Lord Admiral: fine £2000, the extent [to be] void, fine Bruen £100, and acquit Kinge. The Earl of Dorset, Lord Treasurer : sentence the Serjeant guilty of all, fine £1000, the extents [to be] void, suspend [him from his office] ; acquit Kinge and Bruen. Lord Chancellor : find him guilty in all of corruption and ambition, craft and covetous practises ; fine [him] £2000, and suspend [him] ; [fine] Bruen £200 ; acquit Kinge. But the greater number of the Judges acquitted the Serjeant of all note and blemish of infamy.' Constable and others Sentence Another day in the same term ; another cause between Wrighte, plaintiff, and Constable and Mathewes and others, defendants, for malicious practice in indicting Wrighte as a ' common barrettor,' for distraining his chattels to pay the entire subsidy for the whole parish, for killing his turkeys, for riotous entry, under colour of forfeiture of copyhold, to dig 'earthe, called More earthe',^; and it did not appear in all the depositions ' that the plaintiff had anything against anyone but for a ' pue ' or seat in the church, and that he, on behalf of the poor men of the parish, did not agree with the rich for stinting the common. A barrettor is quasi Barre, traher, ' that sues & stirres vp other men's suites, &, as appeares by the enditemente, must be stuffed w"" many other offences.' The defendants were fined each £40, with imprisonment. Fol'rde's case Another day in the same term, Fourde was brought up ore terms. He having a cause pending in the Chancery, and foreseeing that the Lord Chancellor would grant an Injunction against him, preferred a petition to the King that he would require the Lord Chancellor to stay the granting of the Injunction, for it would undo him, his wife and his children. The King sent a messenger of the Privy ' This is hardly borne out by the text. As to his fiaie, see Appendix VII. ^ Halliwell gives ' Moor-stone, a kind of granite found on the moors, ' Liuers. Ill Caiiifra ^tdlata 177 Chamber requiring the Lord Chancellor, if it could be [consistent] with the rules of Justice and Equity, to stay the Injunction with favour to Fourde. The Chancellor, [p.im] notwithstanding, granted' the Injunction, and Fourde pre- ferred another petition to the King informing him of this, and concluded that the question now was whether the command- ment of the King or the order of the Chancellor should take effect, and such like words of injustice and shame. And so, for sowing sedition between the King and his Peers, Fourde was sentenced to have perpetual imprisonment, to sentence lose his ears upon the pillory, having papers on his head, ' to ride w* his face to the horse taile, & to be fyned lOOO"'.' He took the punishment grievously and im- patiently. The Lord Chancellor left the Court, and the Lord Treasurer gave sentence. Lord Cecill ' was of opinion that he should be ransomed, salvo contenemento suo. All the Court, being a great presence, condemned him bitterly, and commended the Lord Chancellor excellently, and con- demned all petitions, especially where a Judge of the Court, a great man, or a magistrate is charged. ' Let all men hereby take heede how they complayne in wordes againste any magistrate, for they are gods ; & he must haue verye good matter that will goe aboute to Conuynce them, for feare he ouerthrowe not himselfe.' ' The nexte Starrechamber daye there was no syttinge in Courte, for it was sayde the Lo. Chauncellor was w**" the Kinge, vpon his knee, for Fourde's pardon, & had obtayned the same, w'^'' was a verye honourable action in him, and added greatelye to his manye other honourable & worthye vertues.^ *€i)t manner of dBn. dSU^nhttif^ sfptfeenesi, tpui] tieatfte anti funerallsf, anti tf)t proclamation ant» ' Probably Lord BurgUey, Sir and corporal punishments for slan- Thomas Cecill. derous petitions against the Lord ^ Docquet, dated May 22, 1605, Chancellor. State Papers, Domestic, pardon to William Foorth of fine See also Appendix VII. 178 ^t& m^porUg M Casfeg Queen Bllzabetti'E illness Reports of lier death Rejoicing of papists and others Her death, March 24, 1602 The action of the Council [p. U2] ttttrauna of \)tt most latofull isucresisor, o"^ most btrtuouei anU trulpe wlliffiouse Emge Sames, 6p gotr*si grace of ensIaunUe, fvmntt $c Irdmniit tbe fprste, ^ of ^rotlauntit tl)e sijre antr tf)i)itptf)e,' ' Queene Elizabethe, after she had raigned 44 yeres & fowre monethes & 7 dayes, lingringe of a melancholye syckenes, caused as some reports for the losse of that worthye Earle of Essexe, others for the pardon obtayned for Tyrone that Irishe rebelle, others for that she sawe shee had lined longe inoughe & longed to see the ende of her dayes, for that too too [sic] manie abuses were Crepte in to the state, & speciallye into the gouernours of the state whoe were all so potente & rytche that lyke kinges they all ruled & raigned & no man durste speake againste what they did : it was generallye & Confydentelye reported a weeke & more before shee dyed that shee was deade, & all the better & religiouse sorte of people were muche amased & feared greatelye the dayes were now Come they wyshed neuer to Hue to see ; the papistes & looser kinde of people they sette there Flagges alofte & looked merrilye & feared nothinge but that yt was to good to be true : but her glasse was runne, the threede of lyfe was worne, shee wente to her Forefathers in peace, lyued, reygned & dyed in peace, & bequeathed peace to her people : For vpon Wednsedaye the 23* [sic] of Marche, 1602,^ & in the 45* yere of her Eaigne, aboute twooe of the Clocks in the nighte, shee dyed at Eychemonde : ymmediatelye wherevpon the Lordes of the Counselle & others of the nobilitie poasted to london ; & the nexte daye, beinge Thursedaye the Foure & twentythe daye of marche, aboute eighte of the Clocke in the morninge, the Counselle & lordes, accompanied w* dyuerse Courtyars & gentlemen, entred the Cittye of Lon- don, & caused the gates of london to be shutte presentlye vpon there entraunce ; & at the Crosse in Cheapeside, the ' See Appendix XI. 2 1602-3. We should call it early in the morning of Thursday the 24th. in Camera StcIIata 179 secretarie Cecill readinge the stile, Garter kinse at amies Prooia- ° ° . mation o( proclaymed o"" kmee. (The Councell of state & nobihtie Kingjames ^^ "l . atCheap=ide Caused at one instante the Queene's deathe & the Kinge's proclamacion of his infalhble righte to be at one instante pubHshed, the proclamacion followes, fol. ),' <&° & B®" the late Counselle & lordes then dyned at the sheriffes', & there sate in Councelle all that daye, & in the afternoone proclaymed him lykewyse at Tower Hille & other partes of The iike at london ; & the nexte daye the Cowrte & Corpes remoued to and eise- \vli6r6 White Halle, & there they Contynewed in the aunciente state in euerye degree, as it was in the Queene's dayes, vntill her Funeralls, (w"'' were vpon Thursedaye, 28 Aprill, The Queen's 1603, at Westminster, w* greate solemnitie, as appeareth by a booke in printe, & hereafter is descrybed, fol. , buryed in the sepulchre of her grandfather).^ & the nexte Prooiama- T "" ... .-. . . . . . tion printed daye likewyse the proclamacion came out in printe, & so and dis- was dispersed into all the Counties of Englaunde, to the exceadinge great ioye & Comforte of al relligious & vertuous mindes : suche a good god doe wee, or showlde wee, serue, that beyonde all hope hatlie turned all o'' sorrowes into exceedinge great ioyes. god make va all thankefull for it. Amen. (For albeit his ma*'^ did princelye acknowledge & King James's noate the Councelle's vigilancye & well deseruinge, yet [he approbation sayde w**'all] ' it was no doubte a successe & euente aboue counou y^ course of nature, to haue so greate a chaunge w**" so greate a quiete ; for sodaine & greate mutations, as well in state as in nature, are rarelye w*out vyolence or perturba- eion. Bacon in his vnion of England & Scotlande.) "* Taikatout Nothinge now was talked of but the relligion, vertue, wise- dome, learninge, Justice, & manye other most noble & woorthye prayses of K. James, (lapis angularis in y° ' Marginal note, •witli caret in text is headed, ' A Proclamation, de- the text. See post, p. 182. This daring the vndoubted Eight of our proclamation and those mentioned Soueraigne Lord King Iasies, to the hereafter are printed in a volume Crowne of the Eealmes of England, called A Boohe of Proclamations, France and Ireland ' (p. 1). publifhed fince the beginning of Ms ^ Marginal note, with caret in Maiefties moft happy JReigne ouer text. See post, p. 182. England, So. XJntill this prefent ' These words struck through. Moneth of Febr. 3 Anno Dom. 1609. * Marginal note with caret in The Proclamation referred to in the text. n2 180 iCfS EfportfEi bel Cases strengthe of his yeares, & y' maturitie of his experyence),' his bookes new printed, (Ba2tXtT^;oi/ Sorav [sic], Free mon- archies, Monologie,^ Expositions vpon the Eeuelacions & the Kings, [and] the Lepanto),' manye bookes newe wrytten 'The more th'admiracion &prayse of him : w^'in Fewe dayes after, he reoeyuinge sontc his highenes' letters to the Counselle to establyshe teyningof them, & to the Citie of London, w* is imprinted, & here- his ma"'3 you shauPinde after foUowethe, fol. . Not longe after he entred hereafter , ^ sctte amvne, Barwiko, & the firste woorke he did, he wente w* greate fol. , w'='» ' ' " abOTelfter deuotion to ths Churche, & herde Tobie Mathewe preache,^ ^marke ^ gQ ijelde One his progresse for london, to newcastle, to The King Yorke, where he lykewyse visited the minster & hearde comes to Benviok deuyne seruyce accordinge to th'use of the Churche of Newcastle gnglaunde, & seemed to lyke verye well thereof, & at Biuieigh Easter Came to Burleighe ; & in all his progresse he made Makes many manye knightes, & receaued & aunsweared many petitions. [p. 143] He Came by diuerse lordes' & knightes' howses, to S"" Theobalds Thomes Sadler's, S'' Henry Cocke's, & to Theobaulds vpon Tewsedaye, the 3''* of May, where all the lordes, the Coun- selle & Cowrte mette his Ma*'"^. But before his Comminge Here- thyther he Caused all those of the late Counselle to the comicif *^^ Q- Elizab. to be sworne of his Counselle, & more to them, the Lorde Marre & the Lo. Murrie, Lo. Tho. Hawarde, whoe was then made Lor. Chamberleine, Lo. Northumber- lande, Lo. Cumberlande & Lo. Mungaie, & after the Lo. Delivers H. Hawardc : but vpon Sondaye, the 10"" of Aprill, his prisoners Ma"*^ sente letters for the delyuerye of th'erle of South- ' The copie amptou & S'' Henry Neuell oute of the Tower, where they L'sette''"" had lyen 2 yeare, for the late Erie of Essexes faction, ^owne eie- gguthampton was Condempned, but S'' Hen. Neuell was Multitudes neuer endited : In this his Ma"'''^ progresse, all sortes of ™ people, bothe noble & others, of all degrees, & from all partes of the kingedomes, in infinite multitudes, did attende him w"" exceedinge greate ioye & reioysinge : Vpon Satter- daye, the 7* daye of Maye, his ma"*^ Came from Theobalds, ' Marginal note with caret in text. ' The Bishop of Durham . . . hath ' The Lepanto ' is the title of a preaoht at Berwik before the King, poem, first printed in 1591. and said grace at his table twise or ' Drrmonologie, published l.'iOT. thrise.' Manningham's Diary, " He was Bishop of Durham. Camden Soc, p. 170. m Canura ^tfllata i8i ■where the sette householde was, to Charter howse, vpon comestothe horsebacke, by the marshes to [Stamford] Hille betwene house Totnam Highe Cross & Newington, & so soone as he entred into Middlesexe, Martin of the middle temple made a learned speeche ' in the behalfe of the sheriffes of london & 'Acopieof Middlesexe, whoe there receaued him ; & at the sayde louowethe Hille the Lor. Maior & his bretheren, the Aldermen, in booke." scarlette, & 400 Citisens, in vellette Coates, & Chaynes, all J^^'^t'?!^ one horsebacke, mette w* him, & Crooke, the Eecorder, <>* London made a speache, & the Duke of Linneux ^ bare the sworde before him. Vpon Mondaye & Tewsedaye FoUowinge, he [p. 144] wente secreatelye throughe manye streates & partes of london & to Whitehalle & Westminster & S' James', &c. ; & at Charter Howse he made 115 knightes : & vpon He makes more Wednsedaye FoUowinge he wente pryuatelye to White- knights halle, & there tooke barge betweene twelue & one a'clocke, & wente to the Tower, & as he wafted vpon the water, a Tothe . '^ Tower gallaunte pealle of ordynance was discharged : there he stayde vnto Fridaye FoUowinge, & in the morninge before he departed he made more knightes, & 4 barons ; S'' Phillipe He makes Sidnie, Baron of Penseherste; S'' Edwarde Wootton, Baron knights aud of [Maherley]3; S'" Bob. Cecill, Baron of Essington; S"" '°"^''™''' W" Knowles, Baron of Graies ; & then he wente by water to Greenewige, & all the householde, where, vpon Sondaye, to Greeu- the 22"' [sic] of Maye, his ma"'' delyuered a learned, relligious, wyse & Comfortable speache to the Lo. Maior & Addresses his bretheren, to the greate admiration & reioycinge of Mayor, them all, & then knighted the Lo. Maior, S'' Bob. Lee, the More Eecorder, S"' John Crooke, and the Attornie-generall, S"" Ed. '"^^''*' Coke : it is generallye reported that moste of the knightes Purchase oi that are made doe purchase the same, & geue to the Scotch- men, some one 100"', some 200"-, some 300"-, & that his ma''* dothe not dislyke of it, but toUerate it rather then to buye or selle Juditiall places, w* is a most Commendable ' It was evidently the intention the State Papers, Domestic, James I., of Hawarde to copy this speech, vol. i. No. 71. and the various proclamations, etc., ' Ludovic Stewart, 2nd Duke of already referred to, into his book, Lennox. ' Lord Clanrioarde, an but the intention was never carried Irishe lorde,' struck out. out. See next page. A copy of ' Blank in MS. Martin's speech is preserved among knighthood 182 ^t& ^tporU^ tiel Caefeg Enlghts to keep three horses for service [p. 1«] Petitions to the King May 25 and 26 [p. 161] 1604 October 29 Pounce's case Petition against judges thinge in his ma"'= : & it is allso sayde that the scotche & englishe heraldes haue twentye nobles of euerye knighte that ys made to recorde his name, & that his ma''* dothe expects that euerye knighte he makethe showlde keepe three greate horse fiirnyshed for seruyce. ' There was a petition preferred to his ma''*, called the poore's petition, another called the petition of the Catho- liques,' the Copies of them bothe are entred in this booke : His Ma"*'' Cheifeste studye & Care showlde seeme to be for the publike good, as maye appeare by his seuerall procla- macions in printe, for the borderers,^ for the vnitinge of the Eealmes,^ & especiallye againste protections, monopolies, saltepeter men, purueyors, lawyers, etc.^ his charge in the starre chamber, as maye appeare before in this booke, fol. 125 [ante, p. 161]. Vpon Wednsedaye & Thursedaye, the 25 & 26 dayes of Maye, his ma"* wente by water to Putnie, & so by Coache to Noanesuche, & to Hampton Cowrte : & then back to Greenewige.' [The next fifteen pages are left blank, probably for the various proclamations, speeches, letters, etc. above referred to.J ilX Camera ^trtlata, coram ConslHo ibidem, le prochein iour puis le terme, 29 Octobr. 1604, Ter"" Michaelis, Jacobi Eegis 2°.^ M'' Pounde," a great and ancient recusant, was pro- secuted ore tenus by Coke, the King's Attorney, for a petition delivered by him to the King, against Baron Sauuelle and Sir Edwarde Phillips, the King's Serjeant, Judges of the Northern Circuit, for executing one Baillie, ' ' The Papists verry lately put up a suplieacion to the King for a tolleracion ; his aunswre was, Tf there were 40,000 of them in armes should present such a petition, him- selfe would rather dye in the feild than condiscend to be false to God. Yet seemed he would not use ex- tremity yf they continued in duty like subjects.' Manningham^s Diary, Camden Soc, p. 170. '' ' A Proclamation charging all actors or partners in the incursion on the Borders, to resort to the Commissioners at a day limitted.' Boole of Proclamations, p. 17. ^ ' A Proclamation for the vniting of England and Scotland.' Ibid, p. 18. ■■ ' A Proclamation inhibiting the vse and execution of any Charter or Grant made by the late Queens Elizabeth, of any kinde of Mono- polies, etc' Ibid. p. 12. ^ No names given. ' See Appendix XIV. Ill Camera ^tellata 183 a miller, for rescuing a priest, and [also] for executing one Eauson ' for ' receivinge & relleiuinge ' a priest, and [also] for persecuting by imprisonment one Atkinson, an ancient priest in the time of Queen Marie. ' He termethe Kauson "a martir," & Atkinson, "good father Atkinson": He delyuered a petition to the Kinge, beginninge w* verses in englishe, & then w*** Articles, that Baron Sauuell showlde delyuer in his Charge that whosoeuer hearde a Masse it "was Felonie ; w* was improbable & senceles [even] for a meane man that neuer studyed any lawe, for it is by the lawe but a pecuniarie punishemente. He scandalized Jus- tice, the Judges whoe are sworne to do Justice & represente the kinge & haue his charge, & are to gyue to him an accounte, & for there ill Cariage are to receaue a heauye iudgemente, as [in] the Case of Justice Thorpe^; he sianderof sclaundered likewyse the Justices of peace & the Jurors : theP°e?oe & yet knewe none of all this of his owne knowledge, but by hearesaye & the reporte of others. & beinge examyned, vpon his allegeaunce, whoe those others were, he refused to aunsweare; he Called them Hamans & Susanna's Judges ; he taxed the lawe of Crueltye ^ ; he sclaundered the time paste [past] in the late Queene's Eaigne, in w'^'' [p. iss] time M"" Attornie did shewe that at the beginninge of her Eaigne there were no recusauntes, but all wente to Churche vntill the 9"* yeare of her Eaigne that Pope Pius Quintus Pope Pius sente his bull, & absolued them from there obedyence, & mTbuu' after sente there preistes & seditious bookes : he sclaundered the time presente w* Crueltie, terminge themselues Gibeonites, very fitlye, as M"' Atturnie applyed, in there olde shooes, Coates, mustie bottles, & breade, & suche like trashe : & he threatened the time to Come w"^ reuenge of theise men's bloode, vniustlye & Cruellye martyred, as he sayde : whereas in verye truthe there was not anie one in all Queene Elizabethe's time that suffered deathe for ' Probably one of the Eawsons of English Province of the Society of Shipley near Bradford, Yorkshire, Jesus, vol. iii. p. 103. a noted family of recusants. For ^ See ante, p. 136. notes of several members of the ' I.e. charged the law with family, see Foley's Records of the cruelty. 184 iCfg 3af}]ortf0 iTfl Casing 1604 religion or Conscyence, but for treason to the person of the prince or state, or w"'drawinge or seducinge the people from there obedience ; & after Pope Pius' absolution by bull, & therevpon a generall relapse from Churche, a pecuniarie punishemente of 20"' by monethe & imprison- Reousants to mente yf they had not [wherewith] to paie ; ' as this man month or go Pounde was manie yeares imprisoned, & now aged, & it seemed now decaied in his sences, for he shewed manye apparaunces of good partes, w* either yeares or troubles had now greatelye defaced in him ; so that he talked muche idle talke, & impertinente, & to no purpose ; yet Confessinge verye discreetelye he was to rashe & had offended in ouer forwarde blinde zealle, but yet w* extrauagante idle wordes he spoyled all againe, & was helde shorte by y" Courte ; he was of ouer bolde a spirite, & full of matter, & verye plentifull in vtteringe the same. M'' Attornie tolde him the papistes woulde gyue him litle thankes for that dale's seruiee, for it seemed he looked to be canonized for it ; but saithe the Attornie, " god be thanked, the gospeU this daye is muche more aduaunced, & error & poperie abased, & the glorie of god extolled." ' So for theise offences he was Pyned 1000"',^ imprison- [p. 163] mente duringe y*^ kinge's pleasure in y^ tower, & to stande Sentence one the pilloris here at Westminster, & in Lancashire, & to haue his eares nailled, but not cutte of ; yet if he woulde produce those that informed him he showlde not haue his eares naylled, albeit those y' beganne the sentence woulde haue had his eares Cutte of, but the sentence of y* Courte was otherwyse : in the begynninge of his replye to his Charge, w'^'^, as the Attornie sayde, did Caste itselfe into a tryangle, firste in three offenders, Baillie, Eauson & Atkin- Baiiiie's son ; for Baillie, he was no papiste, but a protestante, & he Comminge w*"" 80 more to rescue a notorious preiste sendinge to the prison, he onelye was taken, & iustely Condemned for treason, & yet executed but as a Felon ^ : Eauson, for Bauson's reccyuingc & harboringe a preiste whoe had sayde he case case. The statute was 23 Eliz. cap. 1. See Appendix VII. " That is, he was hanged, not beheaded. in Camera ^tellata 185 Coulde raise 4000 stronge, & woulde by suche a daye surprise suche a Castle, & for Concealinge him & Con- ueyghinge him awaye, w* was Ukewyse treason, & iustly Condemned for y^ same, yet executed as a Felon. For Atkinson, the olde preiste, he published at the Assises that Atkinson's he had authoritie vpon a man's penitencye to forgyue anye sinne, albeit it were the deposinge or killinge y^ kinge, & subscrybed to this in wrytinge, for the w* he was onelye Committed, & not to Yorke Goale, by reason of y^ plauge then there, but to Hull : & by suche like examples manye hundredes began to relapse & fall to error, & y^ late lawe of 1° Jacob, did require an exacte execusion of the lawe uameai., againste recusancye : so likewise was there a tryangle of agSns't men scandalized, Judges, Justices of peace, & Jurors. & [p™64]°'^ he scandalized the time paste [past], the time presente, & threatened the time to Come. He demaunded a Com- mission to proue y® same, w* was againste lawe, order & all Course of presidente [precedent], & so [it was] vtterlye denyed him : then he sayde there were some of note & good place that woulde iustifie the article of Charge gyuen by Baron Sauuelle that it was felonie to heare a masse, & named S'' Thom. Heskette,' Atturnie of y" wardes, & M'' Tilselie, & desyred to haue them produced to his face. They were sente for, & aunsweare retorned that M"' Tilselie was gone out of towne, & that the Attornie of the wardes woulde Come. Then he [Pounde] sayde he was not assured whether he [Heskette] were presente & did heare it or noe, so then it appeared plainelye he had done vnaduisedlye in all, & was rashe w*oute anie good grounde, w* was muche condemned in him by all y'= hearers w"' a plaudite & hissinge ; & then [Pounde] grewe delected & dismayed, & to wander in idle & impertinente talke, so that whereas before he was accounted before by y* wyser sorte of Catholiques an aduysed, discreete, learned & iudiciall arche man & piller amongste them, they now sayde he was distracted, he doated by reason of his age, or raued by reason of his troubles : god graunte all the ' Hesketh. 186 %t^ Mfportes "Htl Casifig 1604 Oct, 29 enemies to him & his truthe maye proue suche, & come to lyke iudgemente, that the gospelle maye in all places be more & more aduaunced, & error & all superstitious, idolatrous poperie vtterlye abolyshed & rooted oute. Amen. Amen.' Jn Camera ^ttllata, Ter"" HlUarii, 1604, Jacob. [p. 166] m^yTenn Eegis Britauniae 2°.' Sm Robert Dudley's case This term the Attorney-General moved in the case between the Lord Sidnie and Sir Eobert Dudlie : For ' the Lo. Admirall was to goe into Spaine to take the oathe of the kinge of Spaine for the peace, et S"' Eoberte Dudlie, allyed vnto him, intended to goe w*'' him ; but at the Attornie's motion he was stayed, because the nexte terme the Cause was to be hearde.^ 1604-5 Feb. 13 in Camera ^tellata, coram Consilio ibidem, Mer- curij, 13 Febr. 1604, le prochein ioure puis le terme, adonque presente, Lo. Chauncellor, Lo. Tresoror, Archeuesque de Canterberye, Lo. Admirall, Count Northumberland, Count Worster, Count Deuon, Count Northampton, Vicount Cran- borne, Lo. Zouche, Lo. Burleighe, Lo. Knowlles, S'' John Fortescue, euesque de Londres, touts les Judges del terre. The Chan- cellor's Justices of the Peace ' Lo. Chauncellor, accordinge to y" accustomed manner, delyuered a charge from his Ma"'', accordinge to a pro- clamacion made the daye before in the Chauncerye for all Judges & Justices of Peace to attende this daye, as it is vsed after Hillary & trinitie terme. Firste he sayde that beinge vsuall it is had & helde a thinge of Course & in Contempte : He beganne w* the Justices of Peace, whoe generallye througheoute the wholle kingedome forgette there oathe to god, there dutye to there kinge & Cuntrye ; there multitude dayllye increasethe, & they showlde be men that are of beste deserte, whoe studie to execute ' No names given. 2 See ante, p. 169, and post, pp. 198, 204, 205, 209, and Appendix XHI. m Camtra ^tellata 187 Justice & to maintaine peace, but they rather make warre : & there are too manie that doe no good, & too fewe that execute the dutye of there place, but lyue here m London the most parte of the yeare, & onelye in y° sommer goe downe for pleasure, & vse it for there Countenaunce, those that beginne to doe are busy bodyes so termed & troublers of the state. The kinge takes theise thinges tenderlye to [p- i'^^^ the harte. ' And as this season speciallye requirethe to be obserued seasoa for ^ '^ ^ fasting accordmge to the lawe for the eatinge of fishe & fastinge, for at this season th'increase & breedinge of yonge thinges of all kindes, beinge preserued & spared, the plentie thereof is more abundante all the yeare after, & wante & scarcitie auoyded w'^'^ otherwyse woulde ensue, so that in politike & civill gouernemente it is especiallye to be looked vnto, for no kingedome vpon the earthe is more plentifullye serued w*'' fishe then this of Englaunde, whereby the prizes of all thinges will be abated all the yeare after, & the lande & people greatly inryched, trades increased, poore relleiued & maintayned. ' The multitudes of alehowses, y^ Causes of all disorder. Ale-houses in w* there is vsed greate prophanacion & blasphemies, riotous wastinge god's good blessinges sente for better vses : & wickednes & vice Cheryshed. ' The wante of mendinge highewayes, a greate & generall Highways faulte. Justices in Eire, whoe now are the Justices of Assise, oughte to inquire of this, & of the reste, & punishe th'offenders & Fine the whole Cuntrye. ' For the Judges, I knowe you all to be so learned, commeuda- relligious, wyse, & graue, that you will not forgette the judges dutyes of yo" places : for you muste examine theise thinges, & make reporte to his Ma"', & especiallye of the Justices of peace, yf any Contemptuouslye be absente or neglygente, to be remoued w* disgrace : & yo"^ Circuites you goe not onelye to sitte upon Nisi prius, but you must have especiall Care of the peace of the lande & of the peace of the Churche. Some there are that Fashyon there Conscyences [p- wn as they are affected, but there is no good Conseyence 188 ^t& o J ™* and riot. The defendant Hichecocke, being bound with sureties to appear, appeared at the bar, and said that he had no Counsel and was unable to retain Counsel, and so answered for himself. The offences with which he was charged were the forgery of an injunction in the [Court of the] Marches of Wales for stay of a suit in the Court of Pipowders.^ Hichecocke solicited a suit (not being of a House of Court or Chancery, and therefore illegal in him), and wrote to the clerk, named Crumpton, and Windowe to procure a bill and process, in the name of Lea against Weblin, and he made the process in the name of Weblin against Lea, and on the bill, without answer, procured an injunction for Weblin against Lea, and sent this to Hiche- cocke, who thereupon wrote to Crumpton that he had made a mistake and of necessity ought to alter the bill, [p. 219] for he was forced to make shift. This letter Hichecocke denied, but, being compared with other letters, confessed it to be his, and by proof of witnesses it was apparent that it was his letter, written and sent by him. But it M'as much disliked and condemned, the granting of an injunction on a bill before any answer made. The riot wife. He died in 1607, aged 77. of tlie Common Pleas in Ireland, Gerard and William Lowther, the 1634. See Diet, of Nat. Biog. other two defendants, were his sons. ' See ajite, p. 88, note 3. Gerard was appointed Chief Justice Ill Camera ^trllata 245 was in such a manner : Hichecocke, having housed corn Biotin in a barn, Nicholas, the plaintiff, with fourteen others, from a bam came with the constable to replevy, and loaded the corn on a cart, and going on the way with this, the defen- dant Hichecocke and others, with weapons and force, pursued the cart, turned the horses round, and stopped the corn, and wounded the plaintiff's servants, and beat the constable. And notwithstanding that replevin apper- tains to the Sheriff and not to the constable, the taking of the corn was illegal and riotous in them, as was com- plained ; and the books ' [say] and the law is that if a man be in quiet and peaceable possession of corn or other goods. One in peaceable possesaioii he may maintain his possession with force and weapons, and tain it by if he wound another in such case it is in defence of his goods, and justifyable and lawful ; for corn cannot be dis- trained or replevied except in cart or sacks ; still when it is carried in a cart one may not fetch it again by force, for this is riotous ; and so it was censured in this case. For- gery is a fruit of darkness [obscuritie], and " uncover" is a window that opens the proof of this. Presumptions that are vehement do not prove, but they illustrate ; but if they are accompanied by preceding suspicions or by present proof, although feeble, they are good proofs. Thus, in this case, the defendant Hichecocke was formerly sentenced in this Court for forgery, and there is now great presumption and good proof against him. So he was condemned as a sentence forger, and fined 100 marks, imprisonment, to wear papers in ' Westmester Halle ' and in the Council of the Marches, and to be disabled to be a solicitor, by order of the Lord Chancellor. And the Lord Chancellor moved that he [p. 220] heard him graciously because he had no Counsel there. But this is malum exeviplum, said the Attorney, and detracts from the dignity of this Court, although it was honourable in the Lord Chancellor. And at the end of the cause one Hichecocke of Counsel with him [the defendant] spoke for him and made excuse that he had not seen his client for a month past. Nicholas, the plaintiff, who informs and is the ' Probably the Year Books. 246 %t& saeporUS titl Casc^ 1605 Oct. 30 Sentence Long bill relator, or rather delator, had no interest in any of the offences complained of in the bill ; and the bill contains divers offences, seven or eight several forgeries of bonds, releases, etc., and charges fourteen or fifteen other defen- dants of good account, against whom it is only a scandalous libel, and odious to remain on the record. Nicholas had a son who was sentenced in this Court prior to this, and stirred up divers suits, because Hichecocke previously in- formed against him for waste in the King's wood. Now whether the bill should be withdrawn from the file or [whether] it should be entered in the Order in what manner they [the other defendants] are cleared, he ' prayed the opinion of the Court ; for in such cases [the Court] rarely assigns costs to such relators as stir and maintain suits, and [costs] by the Civil Law are not in any [such] case allowed, save in culpa lesae maiestatis : otherwise in all other cases by the Civil Law they [informers] are to be banished : Also he ' prayed the opinion of the Court inas- much as the bill complained of the forgery of an injunction for stay of a suit in the Court of Pipowders, and all the proof is for stay of a suit in the Sheriff's Court, which is very different ; and now the question was, what should be their sentence. For the riot he was sentenced to £40 [fine], and so were three other defendants, with imprisonment of course : He ' greatly misliked the length of the bill, and kept all now to the old order of the Court : — Each bill to contain but fifteen sheets of paper and not more, so it shall contain fit and necessary matter and pertinent words ; and in time to come if it contain more, the Counsel shall pay the costs. And so he admonished them to take notice of this. tp. 221] Jn Camera ^tdlata, coram Consilio IMdem, Vene- Nov. 8 ris, 8° Novembr., 1605.^ ™t) Ruswell, plaintiff, and Euswell and others, defendants, and others for riot. Hislop and others were defendants, to the number The Lord Chancellor. ^ Nine Councillors and Judges were preeeut. in Canuia ^tellata 247 of thirteen. ' Euswell the father, hauinere in his lyfe time Taking ' ° •> cattle and aduannced his other sonnes, the now defend'^% & made a epods by ' ' night deede of guyfte to the pl^ of all his goods, in December 1° Jacob, dyed ; & the pi. beinge in quiete possession of Cattelle & other goodes to the vallewe of 400"-, the De- fgjj^tes^ to the number of 13, Come in the nighte & dryue them all awaye. & for this offence the principalis were all fyned 300"- apeece, & the reste a lOO"' apeece, the pF senteno» restored to his goodes, & yet it was in terrorem popidi, but because it was in the nighte w"' suche a multitude & many that were no waye interessed in the action, all were lyke- wyse ymprysoned accordinge to Course : & Secretarie Herberte was of opinion to gyue the pF 200"- for his Damages dammage, but it stoode not w*^ the sentence of the Courte, j^ii^tiiestar for that this Courte neuer gyues any dammage but onelye Costes.' Chamber Nov. 13 5n Camera ^tfllata, coram Consilio ibidem, Mer- i605 curij, 13 Novembr., 1605.' Page, plaintiff, and Page and three other men and pabe five women, defendants, for riot in diverting the ditch and paok paling [enclosure'] of a common in the night. The proof ^— was that the women, by the procurement of the other defendants, destroyed [eiecte'] the ditch and the paling, and this without the privity of their husbands. And for this offence the men were fined each £40, and the sentence women each £20. And it was agreed by the Court that it [p. 222] is not good to make inclosures of Commons, for this causes great offence ; but it is warranted by the law. And it was ruled by the Court that if women offend in trespass, riot or otherwise, and an action is brought against them and their husbands, they [the husbands] shall pay the fines and damages, notwithstanding the trespass or the offence is committed without the privity of the husbands. ' Seven Councillors and Judges were present. 248 iCfsi aaepomsJ Del Casi^si 1605^^ Jn Camera ^ttllata, coram Consilio ibidem, Vene- ris, 15 Nouembr. 1605, Jacob, Eegis 3°.* ATT.-aEN. Sir Edward Coke, Attorney-General, informed ore terms andrthSs s-g^i^st One Gierke, ' broune baker ' and purveyor to the King, and two others, deputy-purveyors, for [taking] ' Cartes.' ^ This term the Attorney also informed against one Eichards, the servant of this Clerke, for taking ' pease & beanes,' and money to make provision of more, as deputy Purveyors to his master. Whereas the office of purveyor is one of cannot make ■*■ *^ deputies trust, and it is not lawful to make a deputy. And the Sentence servant was sentenced to be nailed to the pillory in two places, and to lose both his ears, and to wear papers on horseback, and was fined £40 with imprisonment. Now the master was condemned to the same punishment and £400 fine, ' & to ride vpon an asse before his man,^ & to be disabled for euer hereafter to beare any purueyor's place. The law as ' And the Attornie delyuered for lawe that noepurueyor veyors' Can make any deputie : & there are certeine partycular thinges that are incidente to purueyors. ' 36 E. 3, cap. 3° or 2°. 2 & 3 Phil. & Mar. ' The firste is they shall make no deputie. ' The 2* they shall be men of sufficiencie to aunsweare the kinge & the state. ' The thirde they shalbe sworne in y° Chauncerye. 23 H. 6, cap. 4 ; 36 E. 3 ; 28 H. 6. ' Nine Counoillora and Judges to have been adopted on the first were present. opportunity. 2 1605, Nov. 14. Sir Edward Coke 1605, Oct. 24. John Chamberlain to Lord Salisbury : ' I had attended to Dudley Carleton : ' The weeke on yo' lo. this morning, but that before there was a purveyor censured certen purveyo", who have egre- for misdemeanure in his place, to giouslie abused themselves, & op- ride w"" his face to the horse tayle ; pressed the subiect, are to be pro- where in one of his iudges dis- ceaded w"" this morning in the sented from the rest, and wold Starre Chamber, the matter it solfe rather have it vpon an asse, and andthetyme requiring reformation.' that for two reasons, first it wold be State Papers, Domestic, James I., more wonderment and gather more vol. 16, No. 76. boyes about him, and secondly, the ^ The riding on an ass seems to slowe pace of the asse wold prolong have been suggested as an appro- his punishment.' State Papers, priate punishment in the case of Domestic, James I., vol. 15, No. 104. another purveyor shortly before, and in Camera ^tellata 249 ' The fourthe they shall haue it vnder y^ greate sealle, thereby to render an accounte. ' The 5* they shall renewe it euerye monethe, & there- fore Cure's pattente for his lyfe, that was the Queene's Sadler, was voyde. ' The 6'^ they must haue labelles annexed to there [p. 223] pattentes, & euery pertyculer thinge that they take must be inserted in the labelle. ' The 7* they must take where there is greate plentie. ' The 8* they must take in Conueniente time. ' The 9* they must take no more then needes, ' 33 H. 6 ; 36 E. 3. ' Three score & fifeteene times the lawe prouydes againste purueyors. ' They Can not take any monie, they must purueye in kinde. ' But the twooe Carte takers were not sentenced, they excusinge themselues by the Lo. KnoUes' letter, beinge Tresorer of the Householde, & the matter not fullye Con- fessed againste them, they were adiourned to be proceeded [against] w'^'all by bill & aunsweare.' ' The Atturnie & the Lo. Chauncellor did greatly aduance The King's the Kinge's prerogatiue royall & the necessitie of purueyors, beinge both as auncyente as the Fundamental! lawes of the Kingdome : but the kinge's great Care & Clemencye to vse the same tenderlye & warilye, he beinge the originall cause of theise proceedinges, was very much Commended by all.' In Camera ^ttllata, coram ConslHo ibidem, Mer- leos Not 20 curij, 20 Nouembr. 1605, Jacob. Eegis 3°.' Maddoxe, plaintiff, Sir Eoger Owen and others, defen- mjiddoxe dants, for maintenance, champerty and riot. The Statute otok of 32 Hfenry] 8, cap. 9, prohibits the buying of an estate — *- -• u ^ Mainten- [inl, or title to, lands, tenements, etc., of any persons but »"<=«. "ham- •- J' ' ' ' ' ./ 1. perty and riot ' Ten Councillors and Judges were present. 250 2.eg Jxeportcg Del Cased 1605 such whose ancestors or those whose estate they have, have been in possession, reversion, remainder, or have taken the rents or profits of the same, for one year next before, upon pain of forfeiture of the value of the land, the buyer or [p. 224] taker knowing this. And it appeared by the proofs in this case that the defendant and those whose estate he had, had the possession and took the profits, and did not know the plaintiff's title, for it was in question, and suits were Evidence in pending for it. It was ruled that evidence taken in [the other suits, where ad- Court ofl the Marches of Wales by the Council there in a missible , -* suit to which the plaintiff was a party, should be read here ; and other [evidences] were now read in suits there between others, to which the plaintiff was not a party ; but the reason for this was that there was a former order for it, and upon that same order the defendant built and forbore to examine the witnesses. The plaintiff objected against this order two other orders (one taken in the Inner Star Chamber and the other at the Lord Chan- cellor's house), which countermanded that order. But the Lord Chancellor disallowed them, and said to the practisers that they pick their clients' purses by these house and Chamber orders ; ' " for," sayde he, " you are all honeste gentlemen, but I beleeue neuer a woorde you saye when you mooue mee at my howse or in the Chamber " : & as it was sayde by the Attornie generall, " I finde," sayde he, " that god dothe assyste the Judge in his Judgemente Defendants seate, but uot in his Chamber." The defendauntes were all acquyted, w'^'oute touche or suspition, & the Consydera- cion of costes referred to the Lo. Chauncellor, & the pF helde suspected of forgerie of the late Lo. Burleighe's hande.' ali acquitted 1605 Not. 22 5n Camera ^tellata, coram Consilio ibidem. Vene- ris, 22 Nouembr. 1605.' att.-gen. The Attorney-General informed against one Whitheade whitSeade for forginge letters of the Earl of SaUsberie and Sir John *'"^"^ ' Twelve Councillors and Judges were present. in Camfva ^Ullata 251 Fortescue and their hands to them, to the Judges of Assize and Justices of the Peace in Essese, commanding them to remove Sir Thomas Gardener (being a Justice of the Peace there) from the bench and from the Commission, a thing absolutely unlawful, and such as no Councillor of State in [p 245] the realm could do, being Commissioners under the Great Seal of England. Also he travelled in Germany for learning of the Magic and magical art, and he received instructions m conjuration, ' that he showlde baptize a dogge, & take the skinne of a Christian bodye & make him a girdle, & w*'' theise he showlde Commaunde all spirites & EoUea & bookes, w"^*" Buche like Coniurations were founde w'^ him, & now shewed in Courte ; & vpon his examination he did Confesse that he Coulde turne all the rushes in a Eoome into spirites & serpentes. For theise offences they were resolved they mighte by lawe impose the greateste punishemente they Coulde but deathe, & so they sentenced him to stande in senteaoe 2 seueraU places vpon the pillorie & lose bothe his eares, & haue perpetuall imprisonmente ; & Sir Thomas Gardener [was] delyuered w* greate Credite.' 911 It arraigmmmte iel CraitorsJ por It leoss graitije twason of blotoi'nge bp tfte parli'amt^ ^'°" ^o\33&t; It to as! m Wit&tmin&Uv lalle^ ' The Commissioners were the Lo. Admyrall, w* was pg^j,^" then the Earle of Nottingham, the Erie of Suffolke Lo. ^"^^°^ Chamberlain, the Erie of worster M"" of the horse, the Erie of Deuonshire, th'erle of Northampton, the Earl of Salisberie principall Secretarye, the Lo. Ch. Justice S" John Popham, the Lo. Ch. Baron S"" Thom. Plemminge, Justice Yeluerton, Justice Willyams & Baron Sauuelle, lune 27 Januarij 1605, Jacob. Regis 3°, in le terme de S. Hillarie} ' There was arraigned Thomas Winter, Guye Fauxse alias Johnson, Eoberte Caies, Eoberte Winter, John Graunte, ' The list given in the State Trials omits the last three names, and adds Justice \yarburton. 252 2Les: Meportesi tiel Casfts 1605-6 Jau. 27 [p. 226] The King's Serjeaut aud The Att.. G-en. for the prosecutiou Treason to kill Lord Chancellor, Lord Trea- surer, or a Judge while Bitting [p. 227] Ambrose Eookewoodde, Thomas Bates, all w"*" plede not guyltie. ' The kinge'a Sergeaunte, Sir Edwarde Phillips, did Cursorilie runne it ouer, & demonstrated it by waye of Declaracyon, Aggrauation & Approbacyon.' ' But the Attornie, Sir Edwarde Coke, more largelye did shewe how they had prepared 30 barrelles & 4 hogse- heades of gunpowder, & had layde stones & barres & Crowes of iron vpon them : & Veritas est temporis filia : for Fauxe's name was not knowne but w^in fewe dayes, & they haue bene 23 dayes in examynacyon ; a treason sine nomine, exemplo, et modo : they intended the destruction of the frame & fabrike, name & nation : ages to Come wilbe doubtful! whether it were a facte or a fiction. ' To ymagine in harte the deathe of the kinge, of the Quene or prince, is highe treason. ' To kille the Lo. Chauncellor, or lorde Tresorer, or a Judge syttinge en Judgemente, is treason : & euerye man in y^ parliam*^ is a Judge, diusihile semper indiusibile. theise men woulde haue rooted oute the tree & braunches : & in relatinge this treason I shall be forced to vse the names of some forreine princes & Councellers w*oute any aspersyon or imputation to any of them. ' Theise treasons were plotted & wroughte 1. in Eng- lande, 2. in Flanders, 8. in Spaine, & was begunne at Christemas was tweluemonthe before the Queene's deathe. the seconde in Marche, 1° Jacob. Regis. The thirde in June in Flaunders, & the 4* in Julye in Spaine. ' Catesbie, homo profundae perfidiae. ' Thomas Winter wente w*'' Desmonde into Spaine : & Whalie did negotiate for an armie, promisinge the deuotion & ioyninge of the Catholiques & 2000 horse : Creswell, another preiste, was ledger ^ in Spaine for that purpose : & ' These were the three general heads into which Philips divided his speech, which is fully set out in the State Trials. ' A resident ambassador. ' Lord Angelo, having affairs to heaven, Intends you for his swift ambassadour. Where you shall be an everlasting leiger.' Measure for Measure, iii. 1. in Camera ^tdlata 253 dealte w"* Don Pedro Francisco, Duke of Lerna,' & so had accesse vnto the kinge, whoe sayde the Catholiques in Englaunde were as Deare vnto him as his owne Castilians : & assured them of a hundrede thousaunde Crounes : Thomas Winter retorned the Christemas before the Queene dyed : & now mii-a cano this Winter, homo vafro et versuto ingenio, together w* Father Baldwin the Jesuite, plottes w^'^ Guye Fauxe that an armye showlde be landed in Mil- forde Hauen, broughte ouer in Spindalowe's ^ gallies, so heere is the Jesuites' treason, the preistes' treason & the pouder treason : wherein for better order 3 generall partes maye be obserued. ' 1. Consideracions, ' 2. Obseruacions, ' 3. Comparisons of the preistes' w* Eawlie's treason. '" Oh ! but," saye the papistes, " theise traitors are no Catholikes, but the persons offendinge are men of desperate estates, of noe relligion, & of base Condition, sine sede, sine spe, sine fide, sine re." ' Can this be so when as Percie the Archerebell is of Theoon- the greate & honorable howse of Northumberlande ; Sir goodfamiues William Stanlie, that greate & auntiente Traitor, of the howse of Darbie ; Talbot of Grafton, guiltie in the higheste degree of misprision of Treason, of the howse of Shrewse- berye ? Sir Euerarde Digbie of 300 yeares Continuaunce, [p. 228] Winter of the beste howses, Tresham of auntiente & honorable howses. ' And that they showlde be men of noe religion, that and religious were Straunge, when as theise preistes were the forwardeste men in them, Desmonde, Baldwin, Creswell, Hammon, Garnette, Jarrette & Westmerlande, makinge relligion there mantell of impietie, there mindes ambitiouslye bente to depose kinges & dispose of kingedomes : there religion being a religion of Distinctions ; vbi lex nan disiinguit, damnahilis est distinctio : w**" there distinctions they seeks ' Lerma. the service of Spain. His galleys are ^ Probably an error for ' Spi- mentioned several times in the State nola's.' Ambrose Spinola, the cele- Papers of the period. brated general, was at this time in 254 ilfS Jlfpoi'tcsi Ud CasifS 1605-6 Jan. 27 Lawful to kill heretics [p. 229] Rebels nb- solved by Father West- merland Winter and Fauxe reso- lute and learned to whippe kinges oute of there kingedomes w"* force : & therefore it will not be amisse to obserue some of there doctrines : omnis hereticus aut apertus aut occultus est occi- dendus, & if he be kinge it is lawfull to depryue him, & if it be morbus hereditarius, the sonne may be depriued albeit he be a Catholique, & he that dothe it shalbe receaued in gremium ecclesiae modo non sit ad damnum ecclesiae, a dam- nable impietie : as there was an order of impietie, the templares, in one nighte were all destryde throughoute all Christendome. ' Zemanchus,' one of there wryters, saythe that yf heretiques are excommunicate, either facto aut iure, it is lawfull to kille them. ' Sancta mater ecclesia nunquam gremium redeunti premit. ' Father Creswell ^ in his Philopater dothe Confirme this Doctrine. ' Frauncis Tresham, whoe was one of the principall Traytors & Myners vnder the parliam** howse, & ys now deade in the Tower, wrote a booke De officio principis christiani, 5 cap., 4 lectur., approuethe this learninge. ' Sixtus quintus, after the deathe of Henry the thirde, the frenche kinge, sayde that whosoeuer drewe bloode from a Cardinall was ipso facto excommunicate. ' Father Westmerlande, after theise Traytors were vp in open Eebellion, and had Committed diuerse burglaries, horse steallinges, howse robbinges of armor, &c., & other outrages, did Confesse & absolue them all. Here be the instrumentes of the prince of this worlde, the pope, the Diuell, & fitte messengers for him : yet Winter & Fauxe are men of excellente good naturall partes, verye resolute & vniuersallye learned. ' Jacobus Simancas, successively Bishop of Ciudad Eodrigo, of Bada- joz, and of Lamora. '^ Joseph Cresswell, S.J. The work here referred to is An Advertisement written to a Secretarie of my L. Treasurers of Ingland, . . . con- cerninge an other booJce newly writ- ten in Latin, . . against her Maiesties late proclamation, for searche and apprehension of semi- nary pries tes and their receauors, &c., 1592. It is a translation from the Latin of a work published under the pseudonym of ' Andreas Philo- pater,' and which is generally attri- buted t" Father Parsons. The text rather suggests that the original work was also written by Father Cresswell. See Diet, of Nat. Biog., Gillow's Bibl. Diet, of English Catholics. in Canura ^tellata 255 ' The kinge's lenitie towardea papistes ehowlde haue The King's - ■*■■*- lenity moued them to some better Courses, for in one whole years towards ^ papists & 4 monethes he tooke no penaltie; & so his impunitie made them worse, & now they aymed at the place of Jus- tice as well as at the persons : & Justice Fauxe showlde haue bene the gunpowder Justice. ' But the papistes obiecte that the Queene's lawes were [p- 230] bloodie, wherein they doe her greate Iniurie, for had shee bene an magnanimous kinge shee woulde haue hanged them vp all. ' For shee neuer medled w* any of them before Impius, The Popes , , -r,. . , , ,.,,_. „ , Bull, 13 Kliz. and not rius, quintus sente ouer his bulles m 13 of her raigne, whereby he did excommunicate her & absolue her subiectes from there obedience to her : then was one preiste arraigned & executed, & in 18 Elizab., father Campian, w* his treasonable bulles & bookes : & then in 23 Elizab. 20"' a monethe was gyuen for not Comminge to Churche : w* some seeme now to doubte whether it extende to Irelande or noe, & so manie there are reconcyled to Eome. 'In 25 B. I. A bull of excommunication was treason by the Common lawe. ' There was a time when Eome was trulye protestante, & then there were 33 popes martirs : but now they are become temporall princes, they seeke there supremacye now vpon Earthe, & they will make there Confession in helle. & they practise to worke w* discontented persons : they all Joyne in an oathe not to disclose nor desiste : they wryte bookes of equyuocations, & corrected by father Gar- nette, & termed " a booke againste lyinge & Deceytefull Conueygheaunces," & suehe like propositions. As if the Question be asked, " Did you see a preiste to daye,'' the aunsweare is, " I did not see a preiste," (w* a mentall reser- uation) viz. to telle my Lo. Cheife Justice : & M''' Vauxes butler had learned this. ' Here it is true, S.P.Q.K., stultus populus querit Romam. [p. 231] ' And heere he tolde a prettie tale of a fable of a Catte The Att.- that killed vp all the mise & rattes in the Cuntrye, & forced ^ '■>"« them to keepe the holies, that they durste not stirre oute. 256 iLesi jaeportes liel Cases 3605-6 Jan. 27 [p. 232]- The Jury find all guilty Sir Everard Digby con- fesses Judgment of High Treason the Catte perceauinge this wente & shaued her Crowne, & gotte one a fryar's habite, & willed the mise to Come abroade w*oute feare, & repeated a prettie verse non sum quod \_fui'\ ' sed tonsum. Oh but the mise founde that he had the same Cruell & bloodie harte still : for the inuen- tion of pouder Came firste from a frier : & see the Juste Judgemente of god, theise men that thus intended to haue blowne vp a kingedome at one blowe, & when they were in open rebellyon & retyred to Lytleton's howse, in dryinge a li. of powder & a maide Comminge to stirre vp the fiar, a sparks set the powder one fire & blewe vp a lynnen bagge w"" 12"- of powder in it oute at the toppe of the howse, & felle downe in a Courte adioyninge, & neuer tooke fire, & scorchte and amased them all ; but god be blessed that the other pouder tooke not fier, [for] then had they bene all slaine, & this treason neuer discouered : when this had bene done, S" Edmunde Baineham,^ a dissolute younge gentleman, showlde haue bene the Messenger to Borne, a fitte messenger for the dyvelle, Callinge himselfe the " Cap- taine of the Damned Crewe " : they sayde litle for them- selues, but what they did was oute of there loue to there Freinde Catesbie & for the good of the Catholique cause : Eookebie desyred mercye, & Winter desyred that the deathe of one of them mights suffice for both the bretheren. ' So the Juris wente togsthsr & stayds not longe, but retorned againe, & founde them all guyltie ; for so it appeared vpon there owne Confessyons. ' In the means time S' Euerard Digbie, a goodlys gen- tleman, that stoods amongsts the rests of y^ prisoners all the days, was arraignsd, & Confessed the enditemente. & so the Lords Cheife Justice gaue Judgemente of highe treason vpon them all : Digbie was in his tuff taffatie ^ gowne & a sute of blacke satten : & the rests wsre all very gallants at the kinge's Charge, they themselues desyringe to haue it so : Digbie spake muche w* did litle excuse his ' Blank in MS. ' See two cases of his ante, pp. 114, 1G5. ' A taffeta tufted, or left with nap on it, like velvet. Halliwell. in Camera ^tellata 257 offence, but rather aggravate the same ; what he did was for the loue of his freinde Catesbie & for the aduauncinge the Cathohque Cause, but Cause of discontente he had none : he entreated mercye towardes his wyfe & children, his systers & debtors, & to haue the manner of his deathe Chaunged : the Kinge & Queene were bothe there in The King " o -t. ^^^ Queen pryuate, & moste of all the Lordes of Englaunde, & the both there greater number of all the whole parliamente : but vpon the Thursedaye Folio winge vpon a Scaffolde at Powle's,' Theexeou- Digbie, Grante, Eobert Winter & Bates, that was Catesbie's Paurs man, were all drawne, hanged and quartered : & vpon Fridaye foUowinge Thomas Winter, Fauxe, Kookewoode & and at west- . ■' ° ' ' minster Kaies were in lyke sorte executed in the olde pallace at Westminster by the parliamente howse, & the lawe executed vpon them w'^ all seueritie, for nothinge terrified them from so horrible & bloodye a treason but this manner of deathe. ' Catesbie, Percie, & some others, were slayne in there [p. 233] takinge in the Cuntrye, & Frauncis Tresham dyed in the tower. Catesbie's & Percie's heades were sette vpon the toppe of the parliam'^ howse ; & the Judges put this difference, that they beinge once in open Eebellion mighte by the lawe be so vsed, but Tresham Coulde not, for that he was not in rebellyon, neyther euer endyted; & this I haue hearde was the resolution of all the Judges.' ^ 5n Caintra ^tellata, coram Consilio ibidem, isos-s Jan. 31 Veneris, 31 Januarij, 1605, Jacob. Eegis 3°.^ ' Doddrige, the Kinge's soUicitor, informed ore tenus againste Cassingherste, an Atturnie, borne at Limsefeilde in Surrie, John Dauies, fishemonger, & one Hungerforde, a citizen, that they three had taken vp monie & sealled bondes in the names of John Dauies, Haberdasher, & Sol.-G]:k. V. Gassing*- HERST and others Forgery ' S. Paul's. ^ This account does not differ materially from that given in the State Trials, though the speeches vary slightly. The fact that the King and Queen were present does not appear to be recorded elsewhere. ' Eight Councillors and Judges were present. S 258 1605-6 Jan. 31 Confession Sentence Ee£« meporteei tiel Casts [p. 234] Abuses at Tdndi'idge Martin Freman, fishemonger.' They confessed the fact. And for this offence they were fined ifilO ' apeece, to stande at the pillorie at Westminster, & at the exchange, & there to lose one eare & to be whipped, to weare papers, to be throwne ouer the barres, & to be ymprysoned vntill they finde good suerties for there good behauiour. ' This Cassingehurste was knowne to the Lorde Cheife Justice to be a verye lewde Fellowe, & the laste yeare to haue gotten a Commission vndulye out of the exchecquer for the tinge's Concealled rentes, & wente downe w*'^ the same into Worster & Gloster shire, & had it not bene well preuented, he had done muche hurte ; ' wherevpon it was taken from him, & then he wente one in theise Courses, it beinge Conceaued in the Courte that he was the prineipall deuysor & actor in all theise busynesses, Dauies beinge a simple man & instructed by Cassingehurste what to saye, how to apparell himselfe in a nightecappe & a lyuerye gowne lyke vnto Martin Freman, whoe had recouered a longe sickenes & ware a nightecappe ; but Hungerforde discouered it for that he Coulde not haue a share of the monie. This Cassingehurste was sometime stewarde to M"' Bostocke of his Courte at Tanridge,^ & before him olde Eicharde Fuller, a man likewyse noated of many dishoneste practyses, & a fitte instrumente to ioine in iniuste & iniuryous actions, w'^'' in Future ages will more mani- festelye appeare, (& therefore of litle Credite) to suche as hereafter shall finde iuste cause of greife & Complainte : espeeiallye hauinge by suche meanes endeauoured manye ' ' The Abuse of one Cassing- hurst, whoe procured A Comiss" to doe the kinge service. ' This Cassingherst, his pretence was to doe the kinge service and to bring in grete somes of money, vnder the CuUo' of this Comiss" he gotte of one manne xl marckes, and cc"- of diuers other his Ma"'' subieots, but the kinge gayneth nothing, but [is] only abused, and the subieot lyke- wise.' State Papers, Domestic, James I., Vol. 28, No. 44. ^ The writer, John Hawarde, lived at Tandridge, co. Surrey. Eichard Bostook purchased the manor of Tandridge and other property in the neighbourhood from John Eede in 1576. He was M.P. for Blechingley 1, 27 and 31 Elizabeth. He appears to have died without issue, having settled the manor of Tandridge on his nephew Bostook Fuller, son of his sister Katherine Fuller. Manning and Bray, Hist, of Surrey, ii. 373. The Eichard Fuller here mentioned may have been Eatherine Bostock's husband. in Camera ^tellata 259 yeares to defeate the late Queene & o^ kinge of there seigniorie in Tanridge, beinge lordes in Cheife of Tanridge, & of the waste & woodes, & doinge there seruice at his ]y[a^tie.s Leete, & he hauinge auncientelye a pounde there, where Edwarde's barne now standethe, but M'' Bostocke hathe of late erected a pounde in another place neere to the Churcheyarde, & hathe solde & Felled dyuerse wooddes Cr- se ] vpon the waste, but Compounded secretelye w*'' the late Queene's officers for the same ; & yf y^ Eolles of the sheriffe's turne be veiwed, it will appeare there that he hathe bene Contynually presented for the same, & some- times amerced, albeit they were neuer trulye Certifyed, as it seemethe, for that M"" Bostocke himselfe is the nexte Justice of peace & Quorum that by the lawe oughte to gyue aUowaunce to there proceedinges in the sheriffe's turne, & to subscribe suche Certificate. Theise thinges & the true vnderstandinge of them will hereafter proue of no small momente to the inhabytauntes & owners in the parishe of Tanridge, to whome, if it be not speedilye preuented, greater mischeifes will insue to th'inhabitantes, & the kinge's righte loste : Vigilantihus et non dormientibus iura subueniunt. Currat lex, viuat rex.' ' This daye was allso sentenced a cause wherein the kinge's Counsell informethe at the suite of one Dawes of the exchecquer againste Shereman, for Contractinge & marryinge the daughter & heire of the sayde Dawes, beinge of the age of 13 or 14 yeares, w'^oute her parentes lykinge, assente, or priuitie : they informe vpon the statute of 33 H[enry] 8, cap. i, againste the Counterfaitinge of letters or priuye tokens ; the scope of w* statute is, yf anye person falslye & deceitfuUye gette anye monie, goodes, Cattelles, Jewelles, or other thinges, of any other person by color & meanes of any false token or counterfeit letter made in another man's name, th'offender, beinge lawfullye conuicte by witnes taken before y'' Lo. Chauncellor, or by witnesses or confession in y^ starre chamber, or before ye Justices of Assise or of the peace in there generall Cessions, Dawbs ■ V. Sheremak Abduction, etc. 33 Hen. VIII., cap. Obtaining goods, etc., by false tokens or counterfeit letters [p. 236] 260 2.eg ^aeportes trel Cages 1605-6 or by action in any Courte of Eecorde, shalbe punished by ymprisonm'^, pillorie, or other Corporall paine (excepts deathe) ; the Justices of Assise, or 2 Justices of peace, whereof one to be of the Quorum, shall haue power to Calle by proces or otherwise to the generall sise or Cessions, & to Committe them to warde or baile them to the nexte generall sise or Cession, there to be examyned & ordered by there discretions as abouesaide : And partelye & prin- 4 & 6 Ph. & cipallye they informed vpon 4 & 5 Ph. & Ma. cap. 8. It Abduction shall not be lawfuU for anye to Conueye or cause to be woman Conuayds any maid or woman childe vnmaryed, w*in y^ 16 years age of 16 ysares, from y^ possession or custodie & againste y* will of her father, or of such person to whom y" father by his will, or by other acte in his lifetime, hathe assigned the education or gouernemente, excepte suche takinge be by or for suche person as w*out couin be y' M'' or mistres of suche maide, [or her] gardein in socage or chiualrie. If anie shall vnlawfully conueye any woman childe vn- maried, w*in 16 yeres age, againste y" will of y° father or mother, or from suche as by lawfull meanes haue the education, suche offender, beinge Conuicte by course of lawe (other then suche person taken awaye as holdeth landes by knighte's seruice), shalbe imprisoned 2 yeares, w*out baile or mainprise, or else paie suche fine as shalbe Marriage assessed in y^ starre chamber : If anie shall take as afore- consentof sayd, & dcflowre, or against y° will or vnknowing to y" father, if he lyue, or of y'' mother, yf she haue y" Custodie, by secret letters, messages, or otherwise, contracte matri- monie, (excepte it be by consent of suche as hathe the wardeship), th'offender, being lawfully conuicte, shalbe Punishment imprisoucd 5 yearcs, w*out baile or mainprise, or be fined in the starre chamber : th'one moitie to y^ kinge, th'other to the partie greiued. The starre chamber by bill or in- formacyon, the Justices of Assise by inquisition or indicte- conaent mento, shall heare & determine. Yf suche womankinde n S"^"^ aboue 12 & vnder 16 doe agree to any suche Contracte contrarye to this acte, the nexte of kin, to whome th'in- heritaunce showlde discende or returne, shall, from y* time m Camera ^tdlata 261 of suche assente, enioye all suche landes, &c., as shee had in possession, reuersion or remainder, at y" time of suche assente, duringe the life of y" person so contracted, &c. ' This Shereman had vnlawfullye, againste y^ will of shereman y" father & y^ mother of y" maide, by Counterfeit letters auoted and " . •' •' 'J married & priuye tokens, falselye & deceitfullye Conueyghed awaye ^X.'i^^ this Dawes' daughter, & not onelye contracted himselfe to her, but gotte a lycense & maryed her : but as he pretended it showlde be vpon a Condition : & so, by sentence, the Contracte was made voyde, & Shereman sentenced to paye sentence 500''', or to haue 5 yeares ymprisonmente.' Jit Camera ^tellata, coram Consilio ibidem, leos-s Mercurij, 5° Februarij, 1605, Jacob. Kegis 3V J. 237] The Attorney-general informed against Jarrette and att.-gen. Parsons, ' 2 informers whoe haue dealte for a pattente w* jarretth S'' Thorn. Cornewalles, groomeporter, w'^'' the late Queene parsons had graunted vnto him, to allowe tablinse, Dicinge & other uaiawM o ' t) ' D games, etc. vnlawfull games, & to eate & dresse fleshe vpon dayes for- bydden.^ They by CoUor thereof haue troubled dyuerse, & taken monie of them for a Composition, w'^'' they Can not doe w^out lycence of the Courte. ' For this offence they were adiudged to haue imprison- sentence mente, wears papers, stande vpon the pillorye, & to be disabled for euer to be informers againe : in this Case there was but one or twooe partyculars proued, & many generalls, w* were allowed & reade. ' The Attornie-generall delyuered that the Eesolution of Resolution all the Judges of Englaunde was w*out any Contradiction Judges as to tbe granting that the kinge Coulde not graunte ouer the forfeiture of oHoneitures any penall lawe, because it was a specyall truste & auc- ' Eight Councillors and Judges 1605, Mar. 21. Grant with sur were present. vivorship to Thomas Cornwallis and ^ 1604, Aug. 18. Licence to Thomas, his son, of the office of Thomas Cornwallis to nominate fit GroomPorter of his Majesty's house, persons to keep bowling alleys, and of the houses of the Queen and tennis courts, or other places of Prince, for their lives, on surrender diversion in London and West- of a former patent. State Papers, minster. State Papers, Dooquet. Docquet. 262 %t& ^epovtt& tiel Cades 1605-6 Feb. 6 1605-S Feb. 7 thoritie w"*^ the parliamentes had trusted his Ma*'^' person w*, but woulde not truste any other subiecte ; the Lordes of his Ma*'^'^ Counselle, vnderstandinge this resolution, haue Caused the same to be entred into the Councell booke, & to be locked vp in the Cheste for a monumente of greate vallewe.' Jn Camtra ^tellata, coram Consilio ibidem, [p. 238] Veneris, 7 Febr. [1605-6].' Vaughan and Jones Cozenage No man to prove him- self mad Proofs must coincide with the charge of the Bill Dismissed The Attorney-general informed on the relation of Ellis Guin against Sir John Vaughan and Sir Thomas Jones. ' The pi., hauinge heretofore solde his lands to the Defd*^ S'' John Vaughan by the practise & procure- mente of S"" Thomas Jones, pretendethe now that he was T1071 compos mentia, but madde, & out of his wytte : but it is layde in the bille that beinge a simple, plaine man, & vnapte to deaUe in worldlye busynes, that the defd*''^ did Circumuente him, & gotte his lande, beinge worthe a 1000"- or 2000 markes, they had it for 300"-, in boxes, corne, horses, & suche lyke, of very smaU vallewe. the Charge of the bUl beinge thus, he producethe all his proofe to shewe his madde & frantike trickes, in dyuerse kindes & of longe Contynuaunce. So the Judges did resolue that the Common lawe of Englaunde is that no man shall be receaued to disable himselfe by reason of madnes or frenzie, but the Sonne maye haue a non compos mentis : & there- vpon the Judges & all the Courte & Counsell helde it a very daungerous presydente to allowe the Charge of the BiU to tende to one ende, & the proffe to another, Con- traryinge to the Contentes of the bill, for by that meanes the Defendaunte ys preiudiced greatelye in his iuste defence w""^ he woulde produce his proofe for ; & therefore by the sentence of the Courte it was dismissed.' 1605-6 Feb. 13 tp. 239] 5n Camera ^tellata, coram ConsHio ibidem, Jouis, 13 Eebr. 1605, adonque presente, Lo. Chauncellor, Arche- uesque de Canterberie, Lo. Tresorer, Lo. Shrewsberie, Lo. ' Eight Councillors and Judges were present. in Caimra ^Ullata 263 Northampton, euesque de Londres, Lo. Zouche, Lo. Ch. Justice, Lo. Ch. Baron & dyuerse autres Judges. ' After some Fewe motions by the tinge's Counselle & ^^^j^™^^' some other Fauourites, there was a motion againste one ^ S' Thomas Eobertes of Kente for stirringe vp of a suite, f^^^^^*™; buyinge of a title, maintenaunce, riotous entries in the nighte, & suche hke, beinge a Justice of the peace. 'Another motion was a-made againste the excessiue Motion '^ agaiust ex lengths of a bille Conteygninge 125 sheetes of paper Close ^^^^^^^^j^ wrytten, w* S'' Frauncis Bacon woulde haue excused w* a ^^^ purpose to auoide multipUcitie of billes : but the Courte did muche Condemne it, & therevpon the aunciente order of the Courte was remembred, & now Confirmed, that no bUl showlde Conteygne aboue fiueteene sheetes of paper ; & for this longe bille the pi. was fyned by the whole Courte JJ,^™™g at 40"-. but the Lor. Chauncellor moued that he Coulde '»"* haue wished one auncyente presydente fprecedentl that he Ancient *f ir J Li. j^ pumshment hathe seene mighte now haue bene put in execution, that j°J'^[j^'''s ys, that the Counsellor, beinge a man of infamie heretofore expelled out of the Middle Temple, showlde haue had the bUle slytte w* a whoUe in the middle thereof, & wore it as a heralde's Coate, & gone throughe all the Courtes in Westminster. ' Herevpon the Lo. Chauncellor, accordinge to the vsage The chan ■*■ J cj *-.» cellor's at the ende of this terme & Trinitie terme to gyue a charge charge to ""^ ^ Judges and to the Judges & Justices of peace,' delyuered a partycular ^^^f^f^f Charge to the Judges that they showlde diligentelye obserue [p. 240] all suche Justices of peace as were CarefuU & diligente, & those that were troublesome & Contentyous, that they maye be remoued w''' dysgrace, for there are verye manye lawes made & referred to the Justices of peace, but few executed by them; for they for the moste parte looke for prece- dencie, & are mainteyners of Cawses ; for yf they had ' Compare this witli the other charges, ante, pp. 19, 56, 101, 106, 159, 161, 186, and post, p. 299, etc. 264 %t& a^eportfsi Irel Cas^si 1605-6 looked to there offycers & execution of the lawes againste Feb. 13 , "^ ° wanderinge Eoguea, theise wandringe preistes woulde haue bene mette w*all, & this greate treason haue bene pre- uented ; & they woulde now endeauoure to be thankefuU for this greate delyueraunce : he did exhorte the Justices to be verye carefull in the execucyon of Justice, & of the Lawsagainst lawes againsto wanderers, preistes, & Jesuites, & multitude enforced" "^^ of beggers. There ys a greate faulte in the makinge of Constables of the baser, poorer and simpler sorte of people, where as the lawe ys [that] for makinge suche kinde of of&cers the kinge maye seise the leete into his owne handes : that they woulde haue Care to punishe the shooters in gunnes, the libertie beinge greater albeit the lawe be streyter : he began his speache thus ; " That whereas there was a brute [bruit] in London of an expectation of some greate per- sonages heere as at this time, the kinge's Ma''^, oute of his gratyous wysedome, for some speciall reasons beste knowne to himself e, thoughte it not fitte at this time " : & so proceeded as is afore rehearsed. And then wente to hearinge of motions.' ' Vse of fire- arms to be puuished 1606 May 9 [p. 242] $n CailTtra ^tfllata, coram Consilio ibidem, Vene- ris, 9 Maij, 1606.^ kennklui a cause of hearing between Eichard Kennelle, plaintiff, gawes and Thomas Gawen and Katherine Gawen his wife,' Sir and others r— Edmond Ludlowe, and divers others, defendants, for riot in Wiltshire. Thomas Gawen died after the bill was ' Here follows ' A presydent for the grauntinge of a Stewardship of a Manner.' This document is some- what lengthy and of no great interest, so I have omitted it. It is a deed poll whereby Nicholas Daroie, esq., ' Lorde & Fermor of the Mannor of Kenn,' appoints William Martyn, esq., Steward of the manor ; it is dated Sep. 2, 44 Eliz. ' Seven Councillors and Judges were present. " Thomas Gawen, whose death and burial are mentioned in the text, was the son and heir of Wil- liam Gawen of Norrington, eo. Wilts. He married Catherine, dan. of Sir Edward Waldegrave, E.G., of Stan- ninghall. They had issue Thomas (died 1656) and Prances, a nun, O.S.B. ; born 1576 ; first Abbess of Cambray, 1640. Foley, Jesuit Becords, v. 467. There is a pedigree of the Gawens and an account of Norrington House, with two illustrations, in Hoare's Hist, of Wiltshire, Chalk Hund. p. 82. in Camera ^tellata 265 brought ; but his wife, Katherine Gawen, was the principal rioter, and her sons, and one Nicholas Tooman, a tything- man, [and] S'' Edmond Ludlowe, a Justice of the peace. But before the opening of the bill, it was moved by Beere, of Counsel with the defendant, that after the examinations [were] published, the plaintiff was outlawed and capias outlawed utlagatum against him, [and he asked] if he now should be protected by the law [so as] to be heard as plaintiff in this Court. The Lord Chief Justice asked if he had this under seal. [Beere] answered that it was under the seal of the Common Bench. To which [the Lord Chief Justice] replied that it was of no value unless it was under the Great Seal, for then it seems it would be a good bar, and outlawry ' ° ' under Great he [the plaintiff] could not be heard : Query, for it is ^If sood clear, if he was outlawed before the publication of the cause, he is out of the protection of the law. One Pine, of Counsel with the plaintiff, opened the bUl, Haiatia-s that Thomas Gawen being a recusant,^ Queen Elizabeth Eeousanfs granted his land to one Fortescue, who made a lease of it granted out to Kennell for years ; and Kennelle having servants in the kitchen and the barn, and corn growing on the land, Katherine Gawen, on the 7th of August, 1 James, with Defendant takes pos- two servants, on the Sabbath day m the time of divine session on ' ^ Sunday service, entered into the house and barred the doors. And the next day assembled more servants and friends with weapons, and kept possession by force, and took the goods, and keeps it and spoilt and spent them and sent for Tooman, a tithing- man, and S"" Edmond Ludlowe, the nearest Justice of the Peace. The said tithingman assembled more [people], and [p- 2*3] with his ' white rodde ' (the badge of his office) encouraged ^he titMng- ' The Gawens were all recusants ,been granted out to various persons : and suffered much for their faith. M"' Gawen sonne and heyre of ' The names of such Popish Thomas Gawen of Norrington, in Becusants as were indicted at y' com' Wilts.' Undated, ? 1604. Sessions holden for London and Ibid. vol. 11, no. 25. Midd., y" 16'" of Eebruarie, 1604. 1607, Jan. 17. Grant to John MiDD. Price of the benefit of the recusancy Bobert Gowen, Thomas Gowen, of Catherine Gawen of Norrington, Eatherin Gowen.' co. Wilts. Ibid. vol. 26, no. 13. State Papers, Domestic, James I., See also Foley, Jesuit Records, vol. 1. no. 80. V. 467 List of Becusants whose fines had 266 iCeg iSeportesi M €u&ts 1606 May 9 man en- courages the rioters Both parties bound oyer to keep the peace Plaintiff ordered to find sureties The house besieged many days [p. 244] Demurrer by defendants the rioters, and assisted them in the King's name to keep possession ; and he was received into the house, and brought others, who were also received. And Sir Edmond Ludlowe, the Justice of the Peace, came to the house, and the said Katherine Gawen at the sight of him said that he was welcome, for that he was her friend. He walked into the garden, and was immediately received into the house; and would not see but three of the rioters in the house, and no weapons, when it was proved that there were fourteen there, all with weapons. And he said to the plaintiff that there was no force nor weapons, and bound both parties to [keep] the peace ; and he apprehended a servant there to send him to prison. Whereupon M"'* Gawen said, ' " Let him alone, S"" Edmond Ludlowe, for he ys my man," (he indeede takinge him to haue bene one of Kennell's men), where-^pon he let him goe, & tooke one of Kennelle's men & woulde haue Committed him ; & wordes increasinge, S" Edmond Ludlowe willed Kennelle to gette suerties for the peace, or else he showlde goe to the goale, & tooke him by the CoUer in greate anger, strykinge him w*'^ his rydinge rodde crosse the face, & tolde him he woulde drawe him to the goale at his horse tayle ; & thus contynued very par- tiall & affectionate to the Eyoters, not remouiage the force, nor takinge the weapons, nor Committinge the Eioters ; but rather, together w*^ the tythingman, encouraginge, by reason of there offices, the riotors, & most partiallye & affec- tionatelye fauouringe & suffringe of them ; by reason whereof muche hurte & bloude mighte haue ensued. & many dayes together there was shootinge in gunnes & bowes oute of the howse at some of the seruauntes of y^ pi. And w*''in Fewe dayes after, a Cession beinge Called to inquyre of that Kiote, S" Edmonde Ludlowe, being none of the Cession, Comes thither & challengethe one of the Jurors : And [the plaintiff's Counsel] shewes how the pi. was dampnifyed 300"'. ' The Counselle w**" the Defend"^" offered matter for the Clearinge of S"" Edmonde Ludlowe, that hauinge put in a Demurrer & an aunsweare, for, parte beinge iointe, it was in Camera Jjtfllata 267 after that ordered that the bill showlde be amended in that parte for w* he did demurre, w*, if it had bene so, then he showlde haue bene serued w*^ proces anew ; but it was not so ; & besydes he had repeated the substaunce of the Charge of the bille, & made a ioynte aunsweare & demurrer to the same ; & so demaunded the iudgemente of the Courte ; w*, by the order of the Courte, he showlde haue Heia to be demaunded the benefite of before publication, by reference cause not . . taken ill or motion to the Courte, but now he hathe wayued it ; & tme so ruled by the Judges : & endeauouringe to extenuate & excuse, not to Cleere or defend, the offences in all or any of the Defendauntes, they shewed that this gentlewoman conceyued by the kinge's generall pardon shee showld now haue her landes discharged : & greate waste beinge suffered waste by „ , , , ,, , • „ , ■, 1 plaintiff in & donne by y^ pi. vpon the housmges & landes, shee defendant's thoughte shee mighte now enter, they beinge her lomcture : w'^'^ in Circumstaunce beinge trulye opened, did aggrauate her offence muche more ; for she, beinge a recusaunte, did Mrs. . ' o ^ > Gawen's vpon the Kinge's Comminge reporte that the times were slanders Chaunged for Catholikes, they showlde now haue better dayes, the blooddye Queene was deade vnder whome the Lo. Che. Justice did rule the roste, & S'^ John Fortescue, [p-2«] & the bloud sucker, S"' Walter Eawlie ; but the times were now altered, for Lo. Chei. Justice was in disgrace, & Catholikes showlde be better dealte w*^all. But the Charge of the bille wente farther, that the Lo. Ch. Justice & S" Walt"" Eawleighe showlde Conspire to kill the kinge. But some parte of them being proued it was sufficiente, & shee was sentenced for it : & the pi. bringinge an Iniunction The plaintiff , gets an in- oute of th'exchecquer for th'estabhshmge his possession, & imction the vnder sherife comminge to execute the same, w''^ he is to doe & not the Justices of peace, who are to aide & assiste him for the better executinge thereof ; but S" Ed- monde Ludlowe, findinge the wordes of the Iniunction to be that they showlde establishe the possession of the pi. & of all suche others as then were in possession, made this partiall construction ; "Why," saythe he, " M" Gawen ys in possessyon, ys shee not," whoe was the defendaunte that 268 2.tsi HrporUS trrl Casfesi 1606 had gotte & kepte the possession w*"* force : & whoe lyke- wyse vsed opprobrious woordes of the pi., " that a Dogge kennelle were a fytter place for him." Sentence ' For all w* offences they were seuerallye Fyned : ' the wydowe W' Gawen, 500"- uthingman ' ^"^ Edmonde Ludlowe, 300"-, & to be discharged of y'= deprived peace par le Lo. Chauncellor. ' the Tythingman, 100"-, & discharged, & disabled to beare office, to be bounde to his good behauyoure. ' 5 other defendauntes a peace, 40"- ' the reste a peece, 20"' ' three women defendauntes a peece, 10"- ' & of course all to be ymprisoned ; & beinge seruantes, accordinge to the ordynarie Course of the Cowrte, yf they be not able, there M''" must paye for them.' ' [p. 246] ' The lordes insisted muche vpon the vilde woordes QMei^EUza- agaiuste the deade Queene, againste the Kinge & the Lord jamej'and Chcife JusticB, & all wyshed there mighte haue bene some """^"^^ exemplarye punishemente vpon the woman : And the Lorde The Earl o£ of Northampton delyuered many party culars for approba- ton speaks of cyon of the Kinge's Zealle & sinceritie in religion : & firste the King's '' . ° . to ' religion that in the late Queene' s time there was a reporte broughte Eeportthat to somo of the then Ministers of state in greate place the King had . ° -"^ p™™sedto heere that the Kmge's Ma'"=, by a priuate messenger of papacy noate, had sente to Eome a kinde of an assuraunce or promise for a toleration of Ehomishe religion when he showlde Come into Englaunde ; w* message was very distastefuU heere, & iniuryed him greatelye in his titles for Englaunde, whereof the Lo. of Northampton then Certified his Ma"" into Scotlaunde by letter ; wherevpon his Ma''" retorned an aunsweare so mixte w"" zealous attestations & solemne protestations of his zeale & sinceritie in that religion wherein he was baptized, & in w"'' he woulde dye, as gaue then full satisfaction to him & all others w* then hearde thereof : after this, vpon his Ma"" Comminge into Englaunde, the Lo. of Northampton mette him at Barwike, See a cross bill between the same parties, post, pp. 279, 281, 82. Ill Camera ^tellata 269 & there, the Catholikes hauing preferred diuerse petitions Petition by to his Ma*'^, & mouinge his Lqp to sollicite in there behalfe, he demaunded what aunsweare the kinge gaue them ; they sayde they plainelye perceaued a settled Constancie in him in the rehgion establyshed, but they Complayninge of the hardenes of the lawes & seuere punishementes & pro- ceedinges againste them, & suinge for more milde vsage, his aunsweare was [that] when he Came into Englaunde he woulde examine all, & doe Justice vnto all : after his beinge in Englaunde he did so, & not onelye Confyrmed & establyshed the former lawes & gouernm** of that euer memorable Queene & glorious to all posterities, but so well lyked thereof, that, accordinge to the aunciente perfection of gouernemente heere vsed, added to the number of Coun- sellors of state & Judges of the la we. But soone after his cp- **'3 Comminge, being wellcommed w* a practise of a greate treason, w* occasyoned a rumor to be dispersed by Watson, the preiste, that the Kinge's Ma"^ had promised a tolera- cyon of Catholike religion & that be was forgettefull of his promise, the kinge, hearinge of it, & muche troubled therew*, (hauing often protested & publikely professed his Constancie in religion to Hue & dye in the same, & wyshinge often maledictions vpon his posteritye yf euer they showlde alter or Chaunge the same), sente for the sayde Earle,' beinge one of those Lordes that had bene ymployed in th'examynacyons of theise treasons of Eawlie, Graye & Cobham, & ymparted this vnto him w"* greate passion & greife, & wylled him to repayre to Watson, whoe was now Condemned & to be forthew'*" executed, & to ex- postulate w"" him to leaue the truthe to the worlde of this Eeporte : who dealinge partycularlye w*** Watson for that purpose, his aunsweare was that he was in Scotlaunde w* the kinge, & mouinge his Ma"*" for a toleracyon, he sayde he showlde wronge his soueraigne infinitelye if he showlde saye that he made any promise for a toleracyon, for he did not, neyther did he euer reporte so, but that he founde him so strongelye settled for that religion wherein he was bap- ' Northampton. 270 ^t^ aaeportes Irel Cages 1608 May 9 The Lord Chancellor commends the King and the late Queen [p. 248] How damages are assessed tised & bredde, that there was no Cause to hope of tolera- cion ; & so protested vpon his soule, & so dyed. . ' The Lo. Chauncellor spake muche to that purpose bothe for the kinge & deade Queene, who was so farre from bloude, that in respecte of her selfe shee woulde neuer haue had any dyed but to preuente the daunger of the state & Common wealthe & to preserue them in safetie, & that was neuer done but w**" greate greiffe, & allmoste teares ; & for the Lo. Cheife Justice, a most reuerende Judge, (the Queene ys now w*'^ god, but her name & fame shall euer lyue most glorious & Comfortable to all honeste hartes), in her time, as well as sythence, most vigilante & diligente to punishe offenders ; & by his Care to bringe offenders to iuste punishemente muche bloude bathe bene saued ; & when god Calles him to himselfe, I praye god sends vs the lyke. For the Dammages to the partye, for the moste parte wee take the greateste whereof there ys any proffe, & sometimes for wante of proffe wee take the oathe of the partye himselfe ; & in suche cases as theise, of vallewes of goods, entryes & Force, whoe can better proue it then the seruauntes that are & lyue aboute vs : yet in some Cases, if the wytnesses be to [much] excepted againste, or the prooffe be dubious or incertaine, we heare proffes in the negatiue, & sometimes defendaunts excusinge them- selues, & geue Credyte to them as wee see Cause, for they are onelye ad inforinandimn Conscientiam.' 1606 May 14 In Camera ^tellata, Mercurij, 14 Maij, I6O6.1 coram Consilio ibidem, Motion by Sir John Croke Examina- tions in Chancery cannot be read here It was moved by Sir John Crooke ' that wytnesses beinge heere examyned, they had referred themselues to there Former esamynacions taken in the Chauncerye, & therefore [he] desyred the benefite of them heere. The Lo. Chauncellor aunsweared that it was sine exemplo, & not to be allowed, for it was th'examyners faulte to take suche an examynacyon ; & in other cases where examyna- Niue Councillors and Judges were present. m Camera ^tellata 271 cyons haue bene taken in this Courte in seuerall causes, thoughe betwene the same parties, wee haue bene deintie to heare them, especiallye in cases of Forgerye ; & therefore, it beinge before publication, it was ordered the wytnesses showld be examyned heere, but their names showlde be gyuen to the defend*^'.' ' The Atturnie generall moued for Ascue of Lincolne- Asoin; shire, whoe in 35 Elizab. had a sentence againste th'erle of f^KL op ' _ ° Lincoln Lincolne, & had gyuen him ' the vallewe, dammages & Costes ; what ' the dammage was bathe bene referred to Justice Fanner ; he hatha Certified 1700"* dammage, w* Ascue coulde neuer yet gette, so that materiam superat opus. And a doubte hathe bene now made whether the dammage [p. 249] shall include the vallewe, or whether he shall haue the vallewe ouer & aboua the dammage : the Consyderacyon whereof is referred agayne to M'' Justice Fenner.' ^ ' A Cause of hearinge was betwene the Ladye Eusselle ' l-«)t . , RuSSELIi pl. againste th'erle of Nottingham, Lo. Admirall,* Bellingem, "■ ■■^ ° O ) 7 o ' eahl of Sugeden, Jobson, & others of his seruauntes, for 2 sauerall nottikg- ^ , / HAM and ryotts, & againste Thom. Dolman, A Justice of peace in "^^ Barkeshire, for a misdemeanor in the same Eiote. ^'°'' '''"• ' Q. Elizabethe of blessed memorye graunted to the pl. the Custodie of her Castle, parka & Mannor of Dunnington,^ & of her woodds in Barkeshire, & a fee of 2d. ob. per diem for her lyfe, & afterwards graunted the Fee simple of them all to the Lo. Admyrall for seruyce done* : & 3 Baptemb., ' Awarded to him. Eussell was commonly styled Lord ^ See ante, pp. 12, 114, 146. Eussell, and it is doubtful whether " Elizabeth, daughter of Sir An- he was not summoned to Parliament thony Cook, knight, mar. 1, Sir in his father's lifetime. On his Thomas Hoby, knight ; and 2, John tomb in Westminster Abbey (see Bussell, 2nd but eldest surviTing sou Dart) he is represented in a Baron's of Francis, 2nd Earl of Bedford ; she Parliamentary Robes. Complete had by her 2nd husband two daugh- Peerage, by G. E. C. ters and co-heirs, Elizabeth, who * Sir Charles Howard, K.G., 2nd died unmarried,. 1600, and was bur. Baron Howard of Effingham, and 1st in Westminster Abbey (see engrav- Earl of Nottingham ; so created ing in Dart's Westminster Abbey), 159fi. and Anne, who mar. Henry Somer- ' Donnington near Newbury, set, afterwards Earl and Marqugss of Berks. Worcester, and left issue. John ' See Appendix XVH. 272 ^t& ' insists on terruptinge them, desyred to be hearde, & after many ^?''^(?^''''ts denyalls by the Courte, vyolentelye & w**" greate audacitie beganne a large discourse, & woulde not by any meanes be stayed nor interrupted, but wente one for the space of halfe an howre or more ; & in her beginninge of her speache excepted against my Lo. of Nottingham for that he had not aunsweared vpon his oathe, but vpon his honor : To w* the Lo. Chauncellor replyed that it was her Atturnie's faulte Peers to an- ■*■ ^ swer on oath that he moued not for it, for so longe as he sate m that place, the greateste peere in the kingedome showlde aunsweare vpon oathe, & so was the Course of this Courte, & so had he verye latelye vsed in the Earle of Shrewseberye ^ & the Earle of Cumberlande's Case. ' Then shee did w"* bitternes obiecte that my Lo. Admirall in the begynninge of his aunsweare had denyed her to be Ladye Dowager to the Lo. Eusselle, & that he knewe none suche : for shee sayde shee had bene Lady ' See Appendix XVIII. ' See ante, p. 16. T 2 276 3Les{ i^fportes liel Cagei 1606 May 14 [p. 264] The Lords try to stop her The Lord Chancellor interrupts The Barl of Korthamp- tou on dowagers [p. 26J] Dowager before Nottingham was,' & that if the Lorde Eusselle had lyued, bothe for worthe, honor & iudge- mente, he had farre excelled the Lo. of Nottingham ; & that he had dealte verye dishonor ablye w* her in gettinge the Castle & parke from her, for shee her selfe had a promyse of the late Q. Elizab. to haue the same, & for the same purpose had gyuen her 1500"-, & when shee ynformed the Queene that y^ Lo. Admyrall woulde be a suitor for the same, her Ma"''* aunsweare to her was, " God's deathe ! my Castle of Dunnington ! I thinke he will haue my Crowne and all." And yet after this shee graunted the same to him, & the pi. neuer had her 1500"' againe.' ' The Lordes seuarallye herevpon woulde haue stayde her, & muche distasted theise fonde speeches, but shee still wente one, & all the Courte & presence murmuringe & makinge greate noyse, gyuinge no eare to any thinge shee sayde, her owne Counselle goinge from the barre allso ; yet shee wente one w*oute any chaunge, or any waye abashed at all, in a verye boulde & stoute manner, w*oute any shewe of any distemparature, or any loude speakinge, but shew- inge a very greate spirite & an vndaunted Courage, or rather will, more then womanlike, whose reuenge by her tounge semed to be the summe of her desyre ; in a meaner personage it is vsuallye termed ' mallice ' & ' enuye,' but in her, beinge honorable, learned, & indued w"* many excellente guyftes, wee grace it w"^ ' a great spirite,' w* I feare the worlde conceauethe to be more then blemyshed, if not vtterlye extinguyshed, w"" extreame pryde. ' Herevpon the Lo.- Chauncell. tolde her, " Madame, you must geue vs leaue ; we haue suffered you to wronge yo""- selfe, this Courte, & o'' M'' his seruice : " & the Lo. of Northampton Coulde not forbeare, but stayed her, & tolde her she had endeauoured to wronge a righte noble Earle, " & firste, out of the place I holde, as one to whorne the office of Earle Marshall is commytted, that by the lawe of armes you are no Ladye Dowager, nor [there are] none ' John, Lord Eusaell, died in 1584 ; created in 1596. the Earl ot Nottingham was so m Camera ^Ullata 277 vnder the degree of an Earle's wyfe : " & vpon that shee plucked him by the cloake, & tolde him the laws was other- wyse before he was borne : he, muche mislyking of that vsage, tolde her in manner of a reproffe that it was neuer offered to the Courte before, suche violente interruption of any Judge in delyueringe his sentence when they had bene formerlye hearde, & bidde her forbeare, & heare him, "for," sayde hee, "the Lo. Eusselle, yo"" husbande, was a noble gentleman, but ill beseeminge you w'^ so many vnfittinge detractions to compare him to the Earle of Nottingham ; & he dyed in his father's lyfetime, so you Coulde not be Lady Dowager, for yo'' husbande was never Earle." ' ' The Lo. Tresorer then stayed her, (for shee was begyn- The Lord ■' ' ^ °'' Treasurer ninge againe), & tolde her shee greatelye wronged the deade stays her Queene, his M""^. Shee was so farre from breache of anye promyse, especially e a Consyderacion beinge gyuen, " w""* you shall geue mee leaue to beleeue that there was neuer any suche thinge, nor you coulde neuer speke more dis- honorablye of her: " ' Then the Lo. Chauncellor , & bothe the reste of the Lordes, '^'^ '^°°^^ ' ' censures the muche condemned the Ladye for those wordes of [concern- p'^""'* ing] the Lo. Admyrall, of whome they spake very muche good, & that of there owne knowledge the late Queene helde him as loyall a harted man as any w*''in the kingedome, & euerye waye very honorably accounted, & of exceedinge good merite : then the Lo. Chauncellor perceauinge the Judges to doubte whether the pi. had barelye the Custodye of the parke and not of the lodge, w* was a matter laye lykewyse in proffe, & now noe wytnesses examyned, how this Courte coulde now judge of it he did not see. And [p-sss] the Judges seemed to be of that opinion allso, wherefore the consyderacyon of this & the reste was referred to the Judges : Questions of & they all wyshed it had bene ended, & neuer broughte to this, all condemninge greatelye the pryde & wyllfuUnes of ' This supports the view that John have been well known, and would EuBsell was never summoned to certainly have been mentioned here. Parliament. If he had been it must See ante, p. 271, n. 3. 278 %t& Txt^OYtt^ Jiel CastEi 1606 May 14 the pi. See pids, fol. 289, the case sentenced. & all the defend*^^ acquited w*^ Costes againste the pi/ ^ 1606 May 16 Att.-G-en, V. Graves, and otliers Unlawful felling of timber [p. 257] King's pre rogative older than Magna Charta 5n Camfra ^tdlata, coram Consilio ibidem, Vene- ris, 16 Maij, 1606.2 The Attorney general ' informes againste 5 purueyours ore tenm ; Graues & Brennan, the 2 M''' [masters], & the other 8 there seruauntes, had a Commission to take timber boordes & poules [poles] for the Kinge's toyles, & that they did in Aprill now laste paste take & felle in M"" Backe- house' grounde in Barkeshire, vpon the sabaothe daye in the morninge, 360 saplinges of oake & ashe for poules, & gaue for them 12 ^''^'^ The Cause of hearinge between M" Gowen, plaintiff, and gawen Kennelle, defendant ; ' one side onelye was hearde & so eenneixb adiourned to the nexte daye.' ^ ' Eight Councillors and Judges were present. ' See ante, pp. 264, 279 ; and next page. 282 aes 3afporte2i tiel Ca^tss 1606 May 30 Gaweu II. KENNELtE Kiot and misde- meanour [p. 260] Gaweu a recusaut His death Burial refused Buried at night in another church In Camera ^ttllata, coram consiUo ibidem, Vene- ris, 30 Maij, 1606.' The said cause of hearing between M""' Gawen, plaintiff, against Kennelle, Willoughbie and Tines, ministers, the Constable and Tithingman, two Coroners of the County of Wilts, and one Eichard Coomes, defendants, for two riots, ' misdemeanor in takinge vp & buryinge the bodye of Thomas Gawen, the pl[ainti£f]'s husbande, now Contynewed in hearinge twooe whole dayes, & layde seuerallye for distincte offences, but in one bill. ' The offences were layde thus, that M""" Gawen' s husbande beinge a stiffe & a roughe reeusante, his lande, as it ap- peares before, was leased to one Fortescue, & so to Kennelle, for the life of M"' Gawen : in Auguste, the firste yeare of Kinge James, M"" Gawen died, as it was supposed vpon a sondaye at nighte or vpon mondaye morninge, & beinge a fatte & Corpulente man, his wyfe made haste the nexte daye to burye him : & at one parishe M'' willoughbye denyed them buryall, for that he sayde M'' Gawen was ex- communicate, & therefore was not to be buryed in churche or Churcheyarde ; therevnto they replyed that yt was pardoned, & shewed his Ma*'^'* generall pardon vnder the greate sealle. But M'' Willoughbie saide he woulde repayre to his ordinarie, & be aduysed by him ; whoe, searchinge w* the officer for that purpose, was Certifyed it was so, & therevpon were of opinion that he oughte not to be buryed in Consecrated grounde : they, goinge to another parishe, where Tynes was mynister, in the nighte time, w"* dyuerse to the number of tenne or twelue, gotte into the Churche, & buryed him in the Chauncelle of the same Churche, w'^'oute eyther Mynister, Clerke or sexton, & locked the Churche doore to them, & the nexte daye range [the bells] all daye in twooe seuerall parishes ; & in this they range so disorderlye that the Constable, Tythingman, the minister, & dyuerse of the parishe, were raysed, to the number of 30 or 40, doubtinge some fyer or other disordred assemblinge, ' Ten Councillors and Judges were present. in Camera ^ttllata 283 & repayred to the Churche, but Coulde not be permitted to enter, but gotte in at a lytle pryuie doore, & examyninge that assemblye, what they made there, or why they range in Buche a Pashyon, they began to be muche offended, & tolde them they woulde Contynewe there in so doinge, & woulde haue thruste them oute of the Churche ; the Constable & Tythingman Commaundinge them to be gone, & forcinge them oute of the Chauncelle, the woman spatte in the tythingman's face. Herevpon the Constable had [p. 26I] her to the stockes, & put all the reste out of the Churche. After this there was a brute [i.e. bruit] that M'' Gawen was Gawen not deade, but fledde beyonde sea, or hydde him ; for the tod daye before he was supposed to dye, he was seene rydinge throughe Blamforde. Now Kennelle, havinge an estate for Kenneue Gawen's lyfe, grewe suspicious of his deathe, & in the nighte bo°dy time w*'' his man wente to the Churche, & dygged vp one ende of his graue, & founde his Coffen, & so lefte, & did no more, but lefte the graue open, & filled not the earthe in againe, & wente his waye. And w'^'in Fewe dayes after repayred to S"^ James Maruin, a lyuetenaunte & a Justice of peace,' & suggested vnto him that it was bruted & muche suspected that eyther Gawen was not deade, or that he Came to some violente or vntimelye deathe, that he was strangled, or his wife had hastened his ende, & desyred that the Crowners mighte viewe the bodye ; therevpon he wrote to the Crowners theise partyculer suggestyons, & hg writes to , T , T , T , ^ . . the Coroners wyshed them to sommon a Jurye to haue visv/m corporis ; the 2 Crowners soone after sommoned a Jurye, & appeared inquest at the place at the daye, and the foreman of the Jurye suggestinge that it was very suspicious (by reason of the Fear of the Infectyon of the plauge in those partes & his sodaine deathe) ' Sir James Mervyn of Fonthill [See State Trials.] About 1750 the Gifford, CO. Wilts, knight ; aged 37 property was sold to Alderman Beck- at the death of his father in 1566 ; ford, whose son rebuilt the house will dated 1610, proved 1611. He left on a magnificent scale, and called it an only daughter, Lucy, who married Fonthill Abbey. The present owners George Tuohet, Lord Audley, created of the estate are Sir Michael Shaw- Earl of Castlehaven 1617. Their Stewart, Bart., of Fonthill Abbey, son, Mervyn Tuchet, was beheaded and Alfred Morrison, Esq., of Font- in 1631, when the manor of Fonthill hill House. See Hoare's Wiltshire, Gifford was forfeited to the Crown. iv. 12. 284 sets dSitpovttS titl €a^t& 1606 May 30 Inquest adjourned [p. 262] Verdict of natural death Parish oificers refuse to bury the body Kennelle does BO Grave made nortli and south Overthwart that it was muche to be feared that he might dye of the plague, & therefore desyred that he mighte lye in the grounde some longer time for feare of infectyon ; w* the Crowners yealded vnto, & adiourned the Jurye for 14 dayes ; at w* days they all appearinge, the Crowner Commaunded the tythingman to digge vp the graue & take out the bodye, •^ch -j^Q ytterlye refused to doe, & then Eennelle hyred one to do it. Whoe was enforced by reason of the waighte of the Corps to dragge him at the lighteste ende, whereby, his Feete being vpwarde, the whole waighte of his Corps swayed to his heade & necke (w* Kennelle himselfe was Charged to doe & to dregge him into a meadowe farre of) ; whereas the Jurye desyred, that the body hauing longe lyen in the earthe, & of very stronge sauoure, the Churehe- yarde small, & the assemblye of people greate, allmoste a 100, that he mighte be broughte into a meadowe close adioyninge, where there woulde be more & better ayre, w* was done accordinglye ; but none of the Jurye but one durste for the stronge sauoure of the Corps come nere him, but Kennelle Caused one to reape the shrowde, & gaue euydence himselfe to the Jurye that there was a suspicious Circle aboute his necke that he showlde be strangled ; but the Jurye did acquite him, & founde he dyed of a naturall deathe & a naturall disease, (& as it was generallye sus- pected, an impostume in the stomacke). So they all de- parted ; the Crowner gaue charge to the parishe & officers to burye the Corps, w* they refused to doe. Kennelle Caused it to be drawne into the Churche poarche, & hidde awaye the keye of the Churche doore, & there let him lye dyuerse dayes ; whereby all the parishe were so annoyed that they durste not Come to the Churche. & w*in Fewe dayes after, M" Kennelle gaue dyrections that he showlde be buryed in the Churcheyarde, but whereas all for the most parte are vsuallye buryed easte & weste, he Caused his graue to be made northe & southe, & some findinge faulte w* it, he sayde, "as he was an ouerthwarte neighboure while he lyued, so he shalbe buryed ouerthwartelye, & if you mislike it, I will haue him dregde at a horse taile, & layde vpon the downes.' lit Camera ^tellata 285 'Theise were the offences wherew* the defendauntes [p-263] •were charged. At the firste openinge they did sounde most barbarouselye & inhumanelye, but in the ende they were well qualifyed, albeit Kennelle, in the opinion of the Courte, was muche Condemned to haue begonne & proceeded in this busynesse w* greate malyce againste Gawen, lyuinge & deade, his goods & reputation : for Willoughbye & Tines The cj 1/ Ministera they were acquyted, & muche Commended to haue dealte acquitted well & discreatelye, & the Bishop allso ; for yf the excom- munication be pronounced, the pardon dothe not discharge it ; otherwise if it be but graunted & not denounced ; & before 16° Elizab. Eeginae, vtlaries were excepted in the pardons, & not pardoned, but to saye the Kinge Can not King can - . , .• n • • • i' 1 pardoneocle. pardon ecclesyasticall causes ys very miurious, for he ys siastioai supreame heade of the churche, & before Q. Eliz. was borne mighte haue pardoned outlaries : so were lykewise the Constable & Tythingman acquyted & Commended for constawe that they did well & as they oughte to have done, for vpon Tything- any suche outrage they oughte ex officio to Commytte the acquitted parties : ' For the Coroners, there office ys that vpon complainte Duties oj that any person ys come to an vntimelye, vnnaturall, or violente deathe, they are to haue visum corporis ; for the Kinge is so interessed in euerye subiecte that he hathe, that there must an accounte be made vnto him how he came to his deathe, whereof the lawe dothe presume the Coroner Can not haue notice but super visum corporis : & the inhabytantes oughte to giue notice to the Coroner of any person suspected to Come to suche a deathe. And it is not [p. 264] the Coroner's office to take vp the bodye, or to burye the Parish muat bodye, but the Inhabitantes of the parish oughte to doe reb^tto bothe, & yf they doe not they are to be fyned : for Kennelle, he was muche Condemned in that of himselfe, w*out any dyrection by aucthoritye, [he] tooke vpon him to breake vp hallowed grounde, & to leaue it vnreuerentlye not closed up againe. but for the Coroners to take vp the bodye, albeit yt haue lyne longe, they maye doe it by lawe, & so is the booke case of 21 E[dward] 4, adiudged in 2E[ichard] 286 %t& Etportes titl Cases 160S May 30 Coroners acquitted Kennelle much cou- demned Over thwart burial Sentence Coome's offence [p. 265] Contempt of the Council Sentence The Lord Chancellor moves that defendants, when ac- quitted, shall have their costs 3 by all the Judges of Bnglaunde after Complainte made to the Kinge.' The [coroners were] acquyted by the Courte : but Kennelle was muche Condemned by all the Courte, & thoughte in truthe to be the firste inuentor of all theise rumors, but it was not proued in the bookes,^ yf it had they woulde haue Fyned him more heauilye. The charge in the Informacyon was that he & his seruauntes, &c., w* the Judges thoughte noe suf&ciente charge, albeit the prooffesdid artyculate some of them : but the principall offence againste Kennelle wherevpon the Cowrte grounded there sentence was his inhumane vsage in the buryall of the Corps ouer- thwarte, his malicious woordes of him, for de mortuis nil nisi bonmn ; & o'' vsuall manner of buryinge ys very auntiente, as Basill notethe, & vsed by the Apostles in the primatiue churche : & so we praye to the Easte. ' For this he was fyned by some 200"*, but by the sen- tence of the Cowrte a 100''', & imprisonmente : ' Coome's offence was that this vsage beinge complayned of to the Lordes of the Councelle, & soundinge muche worse then it now appearethe to be by the proffes (a prac- tise of the popishe sorte to caste a scandale vpon o' religion) ,' whereas wee all deteste & abhorre all suche Cruell & bar- barous vsage, & Condemne it as heathenishe & inhumane, & rather leaue it to them to glorye in then wee o"" selues woulde be once blemyshed w"" it, but vpon this complainte the lordes graunted oute there warrante, & Coomes beinge tolde thereof, he made aunsweare he Cared not for the same the leaste heare [hair] of his bearde : for w* his Con- tempte to aucthoritie, he was fined 40"' in regarde of his pouertie, otherwyse it had bene greater, & adiudged to stande vpon the pillorie w* papers. ' In the Conclusyon, the Lo. Chauncellor moued the Judges to this purpose, that forasmuche here ys but one defendaunte or 2 sentenced, the reste acquyted, & no Cause of Complainte against them, albeit the bill or informacion be ioynte againste them all, yet it Chargethe them seuerallye, ' Year Books, Mich. 21 Edw. IV., no. 55 ; Mioh. 2 Bic. III., no. 5. » The ciepositionB. ' The Gawens were papists. m Camera ^tellata 287 & w*^ seuerall offences, & of sundrye natures, whether the reste that are acquyted shall haue there costes ; he Oyted a presydente where in the lyke Case Costes was awarded ; & so the Judges & Co'urte were now of opinion that those defendauntes that were now acquyted in this cause showlde haue allso there Costes. quod nota hem. The Arche- TheAroh- bishoppe delyuered a secrete practise of the papistes, that buriaiot of late dayes they vse to wrappe there deade bodyes in 2 sheepes,' & in the one of them they strawe earthe that they themselves haue hallowed, & so burye them they Care not where, for they saye they are thus buryed in Consecrated earthe.' 5n Camera .^tellata, coram conslllo ibidem, isoe . . r . . • June 3 Martis, 3 Junij, [1606], le prochein iour puis le terme, q,. ^os] adonque presente Lo. Chauncellor, Archeuesque de Can- terberie, Lo. Tresorer, Lo. Admirall, Lo. Chamberlin, Lo. Shrewsbery, Lo. worster, Lo. Northampton, Lo. Salisberie, Lo. exeter, Euesque de Londres, Lo. Zouche, Lo. Knowlles, Ch. Just., Ch. Baron, Justice wanslowe, Justice williams, S' John Fortescue & S" John Herberte. On motion it was ordered that if the parties, without compromise licence, agree in compounding a cause, pending in this tove""' Court, they shall pay the Costs. The Attorney-general informed ore tenus against the two tjj^ Ki^g Lords in the Tower for the powder treason. ' Lo. Sturton ^ lobds & Henrye, Lo. Mordante,^ standinge w*in a barre made of and™™^ purpose for them : He firste shewed them there examyna- — - cion, & they reade them, & acknowledged them to be true : then he began to shewe that when the kinge had peace infr-a et extra quatuor maria then he was in most daunger : vbi ' Query sheets, or sheep sMns ? William, Lord Monteagle, to whom ^ Edward, 9th Baron Stourton, the celebrated letter was written. succeeded his brother John in 1588 ; Burke, Extinct Baronetage, s.v. oh. 1632. He mar. Frances, dau. of Tresham. See also Bell, Buins of Sir Thomas Tresham of Eushton, TAveden. CO. Northampton; her brother, Sir ^ Henry, 4th Baron Mordaunt, Francis, was involved in the Gun- succeeded his father, Lewis, in 1601 ; powder Plot, and attainted of High ob. dr. 1608. Treason ; her sister, Elizabeth, mar. 288 %,t& mpovU& M Castsi 1606 maxima securitas,ibi maximum vericulwm, & when all showlde June 3 ' X 7 haue bene destroyed unoflatu, uno ictu, then these 2 lordes showlde haue bene saued. Whose offences he deuyded into fowre partes : — 1. the qualitie of th' offence. 2. the Circumstaunces. 8. the excuses. 4. presidentes or examples ; nam periculosum existimo quod non bonorwn virorum iudicio approhatur. Misprision is a greate offence, & punishable in another kinde, yet the kinge hathe pardoned it, & ys pleased to haue yt punished as a Contempte onelye : and so to disobeye the royall Commaundemente of the kinge. Causa legationis, epistolae regis habent vim legis. heere in this cause is dis- obeyinge the greate sealle, & for the greateste cause : & therefore let vs examyne the wrytte. the partes of the wrytte Conteine 2 causes of assemblinge the parliamente, the firste of Commaundemente toappeare for counselle, de aduisamento consilii de arduis et vrgentibus concernentibus nos, statum [p. 267] ecclesiae christianae, et regni nostri. The seconde ys iniun- gendo mandamus cessante omni et quacwnque excusatione sicut nos, honorem nostram [sic], saluationem et defensionem, nulla- tenus omittatis. In the feweste woordes the most matter ys conteygned that maye be. et dignitas personae auget culpam. Elie's faulte hindred the sacrifice & seruice of god. the philosopher saithe corruptio optimorum pessima. yf a htle corrupte bloode come to the harte, yt is either deadlye or daungerous ; & this offence is farre greater in theise greate lordes, for it is an offence againste there creation ; & there- fore he ys called nobilis ad consulendum et ad defendendum ; & twooe honorable Ceremonies are vsed ia there creation, for they are not fallen noble from heauen, but a gowne & a swoorde ys gyuen them, & they deryue all there nobiUtie & honor from the brighte beames of the kingelye dignitie ; & this there offence ys eclipsus nobilitatis, for eclipsv£ est dejectvs lune cwm sol opponitur, &c. Excuses ' 3, there excuses : & yf we obserue there affections, they are infected, & there houses peruerted, Jesuited. mors tou's excuses lit Camera ^tellata 2S9 in olla, & by the lawe it is felonie to harbor preistes. et societas habet in se quoddam attractitiiim [sic], &o. In the Lo. Mordant's howse a prouisoe ys agreede vpon by the powder traytors that theise twooe elected lordes shalbe preserued. Judicis officium, vt res, ita tempora rerum [ciuererc], Theise damnable & detestable preistes are serpentes, vipers. & saithe Senica, serpentes parimlae fallunt. An olde preiste maye easilye be founde oute, but theise younge preistes, in fethers & fashions, they doe infecte & affecte too, & ouer- throwe all w"* whome they conuerse. ' A greate prince is resembled to an elephante. et [p. 208] elephantcm propter iustas causas serpcnte percusso terra non patitur. ille tibi semper insidiari potest, but you can not allwayes finde him. ' The Lorde Sturton's excuses doe rather accuse him : he hadd no monie, & he was in dette, his wyfe delyuered but twooe monethes before, & her father deade, S'' Thomas Tresham,' the plauge increased in London, all theise were hinderaunees [so that] he Coulde not come vpon Tusedaye, yet they were no hinderaunees vpon Fridaye, for then he came. ' The Lorde Mordante's excuse that beinge in London Lora w**^ Catesbie in October he wente downe to looke vp his excuse euydence for asserte landes ; he had all the sommer before to doe it ; & kepte Contynuall Companie w"" all the greate Traytors. ' 4. presidentes. erubescere sine lege loqui. noe gouerne- Preceflents mente w^'oute lawe. quod non lego non credo, a greate Lorde heretofore sayde it. In temps E[dward] 1, roye presente al benefice en YorJee Dioces, archeuesque de Yorke refuse, for that the pope had presented to the same benefice. ' 14 B[dward] 3. Quare non adjuisit ; plac. 8°- He refused the kinge's chaplain, & made aunsweare nee ausus fuit nee potuit. For this Con- tempte he forfeited all hia goods and temporalties. ' 19 E[dward] 2 e^ 3 Phip. & Mar. in my lorde Dier & > See ante, p. 287, u. 2. 290 ^t^ Keportes bd Case^ 1606 Triuit, 19 Edward 2 in I'exchequer ; William, Earle of Eichemonde, goes ■w*''out leaue ouer in to Brittanie, & a priuie sealle ys sente to him for to retorne, & he, not Comminge, forfeited his goods & landes.' ' Bartie in Queene Marie's time maryed the Duches of Suffolke, had leaue to goe ouer into Flanders to gette in dettes, & for not retorninge, beinge sente for, he forfeited rp. 269] his landes & goods. ^ ' 4 H[enry] 3 in the Tower ; Earle Henry e de Cornewall departed from y^ parliamente w*oute leaue, he forfeyted all his landes & goodes.^ ' 3 E[dward] 8, fo. 18, 19 ; ■■ Vmbran ', 11 ; John eiiesque de Winchester, one of the parliamente, was arraigned, for that he was sommoned & Came not, & greeuouselye fyned. 'When the kinge or his lyuetenaunte goethe to the warres, the nobles and Commons, that are the strengthe of the lande, oughte to attende vpon sommons, & to departe w*oute leaue ys felonie ; for then allso ys the Counselle of y^ lande assembled. ' 6 H[enry] 8, cap. 16. a Burges can not departe w*'^oute leaue. ' Blessed be god, those are preserued that showlde have bene destroied, & all those that showlde haue bene preserued (but that the kinge extendes greate mercye) showlde haue ' Dyer's Reports, ed. 1794, fo. Sussex, in 1553. Being both zealous 128 b. The reference to Trivet sug- Protestants, they retired to the con- gests ihe Annales of Nicholas Trivet, tinent during Mary's reign, and did but I cannot find any reference to not return till her death. See the Earl of Eiohmond's case there. Burke's Extinct Peerage ; Diet, of No William, Earl of Richmond, is Nat. Biog. ; Five Generations of a mentioned by Courthope, Historic Loyal House, by Lady Georgina Peerage, or Burke, Extinct Peerage ; Bertie ; Dyer's Reports, 176 a. John de Dreux, 4th Earl of Eich- = Henry (or Eichard) Fitz Count, mond and Duke of Brittany, sue- Earl of Cornwall, natural son of ceeded his father in 1305, and died Eeginald de Dunstanville, Earl of 1334. He is probably the nobleman Cornwall, natural son of Henry I. referred to in the text. See Dugdale's Baronage and Burke's ^ Katherine, Baroness Willoughby Extinct Peerage. d'Eresby, dau. and heir of William, * Year Book. The case is not Lord Willoughby d'Eresby, mar. quite correctly cited in the text ; the 1st, Charles Brandon, Duke of Suf- Bishop came, but departed without folk. He died 1545, and his widow leave, mar. Eichard Bertie, of Bersted, co. m Camera ^tellata 291 bene destroyed. He is a blessed man therefore whome a traitor dothe not affecte: thoughe they Curse, wee will blesse. 'Then he reade the Confessions of Eoberte Winter, GuieTaux, Thomas Winter, Euerard Digbie, [Eobert] Caies, Henry Garnette, superior of y° Jesuits, non libens loquor, res ipsa loquitur. ' For theise offences by the sentence of y" Courte they sentence were fyned, the Lo. Mordante tenne thousaunde markes ' & the Lorde Sturton syxe thousaunde markes,^ & ymprison- mente in the tower from whence they Came duringe the kinge's pleasure. ' Justice Williams delyuered that yf a man departe Justice out of the Eealme w*oute leaue, he shall forfeite his departure from the goods. Realm ' 20 E[dward] 1. the kinge presentes to y" arche- deakonrye of Norwige, & the partie for that cause ys ex- communicate, the bishop was fyned 2000"' ' 25 E[dward] 3. S" Prauncis Englefeilde wente be- yonde seae, & was serued w*'' a priuye sealle to retorne. quaere le case. '5 Epchard] 2, cap. 4. to be absente from the parlia- ep-sto] mente ys a greate Contempte, & was fined & imprisoned.' ' The Lo. Ch. Justice, a Contempte ys greatlye ag- tiw Lord grauated or minished by y" Circumstaunces. the absence in progres, in warre, or embasie, ys a greate Contempte. ' The erle of Salisberye spake some thinge againste the The Ban of questionistes of this age, & called them the Antagonistes. ' conuersatio consiliorum concio. ' This Damnable plotte had broughte desperate Calamitie, & a masse of confusyon. ' The greater the offences are, the more hydden they lye : but the kinge of his grace hathe bowed the Cedar so lowe as to stoope to the iudgemente of this Courte. ' :e6,666 13s. id. belongeth, shall upon summons ^ ^4,000. come to the Parliament.' ' Stat. 2. ' Every one to whom it V 2 292 iles aReportfsi iel Cases 160S J;iiie 3 The Earl o( Northamp- The Aroh- l)ishop of OiiDterbury Lord Chan- cellor ' Northampton, cedant priuata publicis. 3 remedies (Diete in phisique jmedecine Diacatholicon to cure diseases | bloud lettinge ' Excusatio infruetunsa, aliquando inutilis, aliquando nullii. Assuerus' iudgmente for the Queene's Contempte in not Comminge to the Feaste. Ciceroe did obserue Catiline's Companie. Quorum est commune simbolum, eorv/m facilis est transitus, non infulmen, sed in sonitum. Estote in speculis ne dignitate vpstra priuemini. ' The Archebishop. in re manifesta non eget prohatione : he woulde be shorte, for that all that had gone before him had marched vnder the Atturnie's inuention. ' The Lo. Chaiincellor sayde that theise exorbitante offences are not subiecte to an ordinarye Com-se of lawe. ' Qui non corrigit peccatum, assentit. ' Nobiles, quia noscihiles, for there religion & virtues. nolilitas gentis ignobililatem mentis, &c. quod scire debfs et non vis, non pro ignorantia, sed pro contemptn, liabetiir. Saint Barnarde.' He agreed with the fines and imprisonment.' 1603 Juiir. 27 [p. 271] 5ll Camera ^tellata, coram Consilio ibidem, Veneris, 27 Junij, 1606, adonque presente, 1. Lo. Chaun- cellor, 2. areheuesque de Canterbery, 3. Lo. Tresorer, 4. Lo. Admirall, 5. Lo. Chamberlin, 6. Lo. Shrewseberie, 7. Lo. worster, 8. Lo. Northampton, 9. Lo. Salisberie, 10. Lo. Exeter, 11. Lo. Zouche, 12. Lo. Knolles, 13. Lo. wootton, 14. Lo. Stanhoppe, 15. euesque de Londres, 16. Lo. Cheife Justice, 17. Lo. Cheife Baron, 18. S'' John Fortescue, 19. S'' John Herberte. The Kino V. Earl of NORTII- UMDEJILAND Contempt A greate scaffold was erected for the courtiers and other men of great account, and the side bar with a seat for the prisoners. Tbe Attorney- general, Sir Edward Coke, informed ore ' Sen Appendix XIX. in Caimra ^tellata 293 temis against the Earle of Northumberland ' (brought from the Tower of London by Sir WiUiam Wade, Lieu- tenant of the Tower, and Sir WiUiam Lane), for the powder treason, ' & begins w*** very greate respecte, beinge of highe & emynente place, & the greateste person & Cause that euer was broughte into that Courte. ' He deuided the Cause into 4 partes : the firste for the honor & order of the kinge's Ma'*'^'' proceedinge againste him, his highe & greate offence beinge now drawne downe to a small Contempte : ' 2. the offences that he ys now charged w^'all. ' 3. the Circumstaunces, that doe aggrauate the offence wherew* he ys charged. ' 4. his greate & many misfortunes. ' In all w""*" he woulde deale succinctlye & sincerelye, w* protestacion of respecte of honor, & that truthe showlde be his Center & temperaunce his Circumference : Tullye in all his oratyons tooke pleasure in defences, but neuer in inuectiues : the Atturnie Can not defende any offender contra coronam et dignitatem regis, but dothe defende the honor, y^ dignitie, y^ Justice, & y'^ mercye of the kinge. Nunquam oppugtiaui quod nan salua conscientia impugnaui : In all the examynacyons there hathe not bene one In- terrogatorie againste him or of him, but was aUwayes [p. 272] examyned by his peeres, & herein maye Momus & Momis be satisfied. Surmna petit liuor. ' Henry Percy, K.G., 9th Earl of had been paid, Nov. 8, 11 James I, Northumberland ; born 1564, died 1613 ; but the Earl was kept a 1632. The question of his com- prisoner in the Tower until July 18, plicity in the Gunpowder Plot is 1621. See also Collin's History of gone into very fully by Mr. E. B. de the Ancient and Illustrious Fanvily Fonblanque in his Annals of the of the Percys, p. 106. House of Percy, 1887, vol. ii., chap. 1606, June 25. — John Chamberlain 12, where many letters and docu- to Dudley Carleton. ' The Lordes ments on the subject are printed. sat much in counsaile about yo' An account of the proceedings in the Lorde [Northumberland] and on Star Chamber is preserved in Cotton Monday morning were w"' him in MS., Vesp. C. XIV. 451, and a copy the towre, but what passed I cannot of the Decree, apparently Coke's learne, only the common yoyce goes rough draft, in Harleian MS. 589 the K[ing] wold haue him to the (15),fo. 111. The balance of the fine Star-cliamber.' Slate Papers, Do- of 30,000Z. was remitted after 11,0002. mestic, James I, vol. 22, no. 20. 294 iles Meportcig tiel Cases 1606 June 27 Presump- tions The Jesuits ' There are three kinde of presumptions, the first leues aut temerariae. ' 2. probabiles, aut veresiviiles. ' 3. violentae, aut necessariae, aut vehementes. ' Neruus sapientiae non temere credere. ' The leaste of all theise presumptions drawethe restrainte. ' 11° E[dward] 4. Common fame sufficethe to examyne & restrayne not to a howse but of fauoure and not of righte. ' semiprobaciones ac solae presumptiones concludunt et condemnant in causa lesae maiestatis. ' mors m olla. ' Yet his ma"'' out of his greate grace hathe fashioned them but as Contempts & misprisions. ' misericors et iustus est deus, poet condonare sine meritis, quia misericors, non condemnare sine malis operibus, quia iustus. ' This greate Earle the ninthe Earle in discente : no man makes auntiente nobilitie but god : yet [for] damnable offence the kinge hathe proportioned a punishemente ad instructionem, non ad destructionem. ' But there are some that make Cornutum argumentum, a boollheaded argumente, vt liaec ficta, non facta, videantur to posterities. ' Patienter audire, causam discernere, et recte iudicare, sapientis est iudicis. ' Theise Jesuites or Jebusites are the cause of all theise. they may be lykened to the harpies, virgineas volucres, ex- cecando, coinquinando by equiuocation, & praeripiendo. euery heretike ipso facto est excommunicate, & any man maye kille him, & it is a disabilitie to him & to his posteritie. ' Qui adheret hereticis amittit regnum et gentem. ' Quos hostis ad malum inuenit, deus ad bonum disposuit. Laddes of y^ Northe shall stande for this defence : & now substaunces are made but Circumstaunces, & bodies but shadowes. ^ in Camera ^Ullata 295 ' Garnet was the prouinciall or superior of y^ Patter T • I Garnet Jesmtes. ' Thomas Winter was the messenger ; the CathoHkes [p. 273] offer assystaunce, & prepare horses for inuasyon, & to lande them in Milforde Hauen. But the Atturnye protested he woulde delyuer nothinge to preiudieate the partye nor pre- iudge y'= Courte. ' In y^ beginninge of the kinge's Eaigne, & at the ende North- of y'^ Queene's Eaigne, y^ Lo. of Northumberlande became tiS Z^i"ot the heade of y^ Cathohkes, & a freinde to ye CathoHque Cause, & he desyred the Cathohkes mighte depende vpon him. exteriora et extrinseca demonstrant interiora. the Spaniardes showlde lande in Milforde hauen, & in the righte of his wyfe he had Car ewe Castle neere vnto it' : & at that time he increasethe his stable, so that he tolde y*' kinge his hole reuenue woulde scarcelye mainteyne it. ' There were 2 damnable & detestable bulles againste two buiis the kinge, &c. Quandocunque contigerit miseravi feminam kiuT illam Elizahetham ex hac vita excedere, excludantur omnes successores quantumcunque propinquitate sanguinis, c&c, nisi catholicam religionem non solum tolerare sed earn omni opere et studio promouere, et iureiurando, &c. 'After the Earle of Northumberlande knew of theise 2 Thepro- buUes, he sente Percie into Scotlande for a toleration, w* 2 1°^^ letters & a message pretendinge the more easye entraunce yf he woulde geue hopes of toleration : w'''' were intoUerable & not to be indured, for that an englisheman'sharte greues to see another kinde of woorshippe : vpon Percie' s retorne out of Scotlaunde, the Erie of Northumberland tolde the Catholykes that the kinge's Commaundemente was that they showlde be assured of ease of there persecutions : ' His wife was Dorothy, dau. of called Sir John by Fenton {A His- Walter Devereux, Earl of lissex, and torical Tour through Pembrokeshire, widow of Sir Thomas Perrott, knight. p. 250), and Sir Andrew by Lewis Carew Castle was forfeited to the (Topographical Diet, of Wales). This Crown on the attainder of Bhys ap lease probably descended to Sir Griffith, son of Sir Ehys ap Thomas, Thomas Perrott, the first husband K.G., for high treason. He was of the Countess of Northumberland, beheaded Deo. 4, 1531. The Castle and formed part of the dower, or and Lordship of Carew were leased jointure, assigned to his widow, to a Mr. Parrott or Perrott, who is 296 iifsi lUportrsf tJfl Cases 1606^ ■w'='^ the kinge himself'e in verho regio saythe he neuer did promise or Commaunde. ' The Lo. Windsor broughte the CathoHques' petition to the Erie of northumberlande, & he presented it to the kinge. Beinge interrogated of the Catholique parte, he aunswearethe he remembrethe not. vt res ita teinpora reram. ' Percie he sayde, " Well, I must kill the kinge." But p. 274] Catesbie aunsweared, " No, Tom ; yf thou wylte be a traytor, thou shallte doe it to some purpose. I am thinkinge," &c. " Well," sayes Percie, " wee are allwayes talkinge, but wee doe nothinge." After this they plotted this pouder treason, & were all sworne & tooke the sacramente to effecte it, & to Concealle yt : & soone after this he [Thomas Percy] was made a pentioner, a fitte man to put an axe into his hande to carrye it ouer the kinge's heade. ' veniam leso momine casus hahet. ' A man maye Justifie y^ killinge of a traytor Comminge to kille the kinge. ' 9 Julij, he was made a pencioner, & neuer tooke anye oathe : Staplie, clerke of y^ Checke, showlde haue ministred it : ' Ovine falsum dolwm in se continet. The Catholic ' Theise Traitors, assembled together, Consulte for saved sauinge the Catholique Lordes : Northumberlande, Mount- eagle, a blessed name to the worlde's ende, vicounte Mount- ague, Sturton, Mordante. Alas ! I thinke they neuer meante to make any of theise protectors. ' At eleuen of clocke, Percie sendes muche to Fauxe after he came from Northumberlande : & after the acte done, then there showlde be viceroyes & mariages. wrighte's sister nursed the Ladye Marye. Percie sayde, w*in 24 howres before the time, that yf the proiecte by powder tooke no effecte, Northumberlande woulde curse him. ' Monie flewe abroade, & the englishe regimente showlde come ouer, & Catesbie showlde haue Sir Charles Peroye's place. ' rhi non possum disceiiicrc, non teneor diuhiare. ' A Counsellor restrayned oughte not to wryte to any lit Camtra ^tdlata 297 w^out leaue, but Northumberlande wrote that his treasure showlde be in safetie, w"'* was but a wache worde to Persie that the plotte was discouered, but noe worde to apprehende Percie. ' Coalcscunt et crescunt presumptiones. ' Sion (a heape of benefittes) was gyuen to Northumber- sion houso lande, & leaue to selle. ' Qui reddit malum pro bono, non recedet malum a domo eius. iv- 276] ' Dissimulation in religion had neuer goode ende ; a fearfull thinge. ' Simeon and Leuy meante fraude in. there hartes. Dauid was a states man, & yet it is sayde he Can not gouerne that can not dissemble. Northumberlande had neyther discontente, wante, nor disgrace : but he must Calclate [sic'] the kinge's natiuitie by S'' Eoberte Carre.' & causethe him to wryte to Topperine & to Herriotte : '' par le Canon ley suche persons are excommunicate. 21 Isaiah ; 19 Job. " all ye that loue the lorde seeke the thinge that ys good." ' but for matter of religion he cares not muche. ' The Confessyon of a delinquente ys in the nature of verdicte. ' Henry Garnette broughte 2 buUes sub anido piscatoris : The bmis IT inn that bel- they neuer bellowed. loncdnot ' Tutius est ledere temporalem qiiam eternam maiestatem.' The king himself ought to appoint all pensioners. Et quae non prosunt singula multa iuuant. ' Caloulatinge occupatissima vanitas et indocta doctrina. ' Herriott is a funerall beaste. 13 Elizab. ' Inwarde essences are beste knowne by outwarde pro- perties, as greate ryuers by litle springes, trees by there rootes or braunches. ' 3. Circumstaunces w* my lorde vsed : to geue hopes North- to Catholiques by Commaundemente to be eased of there e™omugi'a theCulliuJHS ' Apparently not Sir Robert Carr, Nat. Biog. or Ker, who was afterwards created '' Probably George Heriot, the Viscount Eochester and Earl of King's Jeweller, the founder of Somerset, as he was not knighted Heriot's Hospital, Edinburgh. See until Dec. 23, 1607. See Diet. of. Diet, of Nat. Biog. 1606 Juue 27 298 aeg jRtporUsi tit} CaSfsf [p. 276] persecutions, & to holde them in hopes. 2 daungerous knowne Jesuyted recusauntes offered to kill the kinge, sworne and taken the sacramente to doe it : & an axe put into his hande to Carye ouer the kinge's heade, & yet not sworne. ' Scilicet in superis fortuna lueiida est. ' vbi dolor, ibi digitus. ' An accusation of a delinquente ys stronger then anye wytnes : it is an olde tricke of a traitor to rayle vpon his accuser. ' Fictae excusationes iustam accusationem inducunt.' Sentence : Herbert Fortescue Cliief Baron anrl Cliief Justice Lords Stan- hope, Woot- ton,and Knollys Lord Zoucbe Bishop of London Lord Exeter Lord Salis- bury 'For this his offence, Secretar. Herberte fined him 10,000"',' the losse of his Counsellor's place & Captaine of the pentioners : & imprisonm'^ duringe the kinge's pleasure.' Fortescue agreed. By the Chief Baron and the Chief Justice : every pen- sioner oughte to be sworn, ' & the Captaine of the pen- tioners oughte to be presente when he is sworne ; it is a truste reposed in him ; & by them bothe helde a greate offence to wryte when he was restrayned. they agree to the fine & imprisonm*^ & losse of offices. ' Stanhope, wootton & KnouUes agree allso. ' Zouche : 2 religions Can not stande together ; for Percie either had no feelinge of religion, or was a knowne papiste, before he was a pentioner. & agreed w* the reste in sentence. 'Euesque de Londres: nan minuit delictum dignitas per- sonae. & agrees to the reste. ' Exeter agreed allso. Amicus usque ad aras. ' Salisberie. " I haue taken paines," saydehee, " in my nowne harte to cleare my lorde's offences, w'^'' now haue leade mee from the Contemplation of his virtues ; for I knowe him vertuous, wyse, valiaunte, & of vse & ornamente to the state. The more perylous wyse men's actions be, there the more industrye they vse to gouerne them. Actions doe conteigne euidenciam operum. The Cause of this Com- ' This is a mistake of Hawarde's ; the fine was 30,000^ 293, n. 1. See ante, p. in Camera ^ttllata 299 bustion [was] the papistes seekinge to restore there religion. Non libens dico sed res ipsa loquitur." ' He agreed as to the fine with the Chief Justice, and im- prisonment for Hfe during the King's pleasure. ' Northampton : solevi e mundo non cum mmido. a kinge Lora North- most gracyous, clemente, sweete & worthye prince that euer was. many greate princes haue suffered for lesse faultes. Buckingham for a wenne in his forheade. warwicke. [p. 277] Perkin warbecke. mountsurroy. verona et placentia in Italie. He agreede w* Salisberie. ' worster, Shrewsberie, Suffolke, Admiral!, & Tresorer, others agree agree, et I'archeuesque auxy. ' Chauncellor. vt audio sic iudico, non sic vt amo aut Lord ohau- odio. rather blushe then bleede at so heynous a plotte, occulta et latens, demonis inspiratio. Theise figure flingers : a daungerous thinge to raise a pryuate man's name aboue or neere the kinge's name, my Lo[rd's] letter to the kinge gyue hopes to the Catholikes, & winde & worke himselfe in. ignorantia afectata ys naughte ; they woulde not vnder- stande because they woulde haue more lybertie to sinne : & so agrees w*"" the reste, delyueringe that perpetuall im- prisonm'' & ymprisonmente duringe lyfe was all one.' ' Jn Camera ^tellata, coram consilio ibidem, Jouis, leoe 10 Julij, 1606, adonque presente, Lo. Chauncellor, Lo. Tresorer, les Ch. Justices,^ dyuerse Judges et auters. July 10 ' The Chauncellor delyuered a charge to the Justices of The Lord peace that they showlde conserue the peace & punishe chaTg'e''"'"^ ^ peace breakers. ' 1 E[dward] 3. they are Called Conseruators of the peace. ' 18 E[dward] 3, 24 E[dward] 3, 34 E[dward] 8, 14 Epchard] 2, by theise there aucthoritie is increased, & they showlde be men learned, they showlde regarde there oathes & their Commissyon. ' See Appendix XIX. ^ Sir Edward Coke, Attorney-General, was appointed Chief Justice of the Common Pleas, June 30, 1606. 300 3les laeportes ttl Ca^esJ 1606 July 10 [p. 278] 1606 Oct. 31 Att.-Gex. V. Miles Perjury, mainten- ance, etc. Main- tenance lli^ile- meanours [p. 279] ' And especiallye he Commended to there Care & truste, the findinge out of prelates & suche perylous persons : to the poore & to all beggars : the Judges of Assise are the visitors of the Eealme, showlde fauoure none, but cherishe the good & rewarde them, & remoue the euell. ' That they showlde w**" all diligence looke to the gouernem"' of there Alehowses. ' The pretensed greeuaunces in parliamente to the kinge, he takes it to harte, & more Carefull he ys to satisfie them, and hathe Commaunded his Counselle & Judges to Consyder of them : & of all suche as abuse there pattentes. for he Can not holde his Crowne yf he showlde loose his prerogatiue. but he woulde haue it vsed tenderlye, & to the greateste ease to his people that mighte be.' ' Jtl CanXf ra ^ttllata, coram Consilio ibidem, Vene- ris, 31 Octobr., 1606.2 ' The Attornie generall, now S'' Henrie Hubbarde,' informe against one Miles, a Common informer, for periurie, mainteynaunce & other misdemeanors. 1. periurie vpon an indictemente, for w"'' the Judges did forbears to Censure him because of the Inconuenience thereof, for that all men are so slowe to gyue euydence for the kinge, & this woulde hynder them muche more : 2. for mainteynaunce in buy- inge & suinge many bondes & dettes of other men's, w"^*" the Judges resolued no man Coulde doe, excepte it were for a true & a due dette bona fide assigned ; w*"^ dothe ouer- throwe the vsuall & Common Course of making letters of atturnie to sue for another man, w"'' is Commonlye helde a good warraunte in la we : 3. his misdemeanors were, in that he was sometimes a Clothier in Suffolke, & not thryuinge in that trade, & enuyinge the prosperitie & thryfte of other Clothyers there, he turned Common ynformer, & informed againste more then threescore seuerall times, but neuer broughte any of them to any tryall, but merelye for ' Compare this with the other Charges, ante, pp. 19, 56, 101, 106, 159, 161, 186, 263 and iMst. As to the grievances, see Appendix XVIII. ^ Nine Councillors and Judges were present. ^ Sir Henry Hobart, appointed July 4, 1606. m Camera ^Ullata 30i vexatyon ; & in the examynacyons of this Cause yt appeared by one deposition that he had vsed greate blasphemye, (viz : — yf god showlde Come downe from heauen & tell him he woulde teare him into 4 quarters, he woulde not yet leaue his suites) ; a fearefull & most prophane sayinge, & for w* the Courte did most speciallye and sharpelye Censure him, not as a thinge Complaynable or examynahle properlye in this Courte, but now appearinge vnto them in Judgemente, they Coulde not let so greate prophanation & blasphemie go w^oute exemplarye punishemente : & there- fore for all these offences they founde him guyltie, but for sentence the periurye they woulde not sentence, but for the reste 'iheiorae they adiudged him to a fine of a lOO"', three yeares ym- Popham' . . . delyuered prisonmente, to stande vpon the pillorie at Westminster & muoiie o( lus ^ ^ , owiie know- in Suffolke at the Assises, & to weare papers declaringe his i^ge exteim- ' ^ ^ ^ ^ atmge th' mainteynaunce, misdemeanor & blasphemie, & to make 5J^^'5Jj°t{;'3™'"' his submission by humble confessyon, & neuer after to be admytted an ynformer. M"" Eichardson, a Counsellor at the barre, of Counsell w*** Miles, moued to the Jurisdiction of the Courte, yf they Coulde determine periurie not de- clared by 6 E. 6 : ' to w'='' Koke, Ch. Justice del Commonplace, coke, c. ,t., replyed bitterlye, marueyhnge to heare suche grosse ments ignoraunce, fruites of abridgemente men that neuer reade the bookes at large : for it was resolued by all the Courte, that this Courte maye determyne all periuries at the Common lawe, & that it was an aunciente Courte longe The star ° Chamber before H[enry] 7,^ & determyned Causes, & Epchard] 3 ^°™°^'5j"j' sate iudiciallye in this Courte : ^ & the Lo. Chauncellor sayde "''" ''*■ ■'■" sentence more milde.' perjuries ' This appears to be a mistake 4, Michaelmas Term, 2 Eio. II, com- for 5 Eliz. cap. ix. ; An Act for mences, Coram Rege & Gonsilio in punishment of such as shall procure Camera Stellarum ; but this does or commit any wilful Perjury. not necessarily imply that the ' This refers to the statute 3 King himself was actually present. Hen. VII. cap. i., which has been Case 22 of the same Term com- considered by many as first creating mences, Dominus Rex interiori the Court of Star Chamber. It Camera stellata appellavit coram, se certainly did not do so, and Coke is omnes Justiciarios suos; but this perfectly correct in what he says was to get from the Judges a decla- about the ancient jurisdiction of the ration on certain points of law, and Court. See Introduction. was not a judicial proceeding. Still ' The authority for this statement it is quite possible that Coke's state- seems to be the Year Books. Case ment is true. 302 Ees aaeportes titl Casts 1606 Oct. 31 [p. 280] Coram Rege that in Chauncellor Bromlie's time,' Serg*^ Louelace & Ployden had set there handes to a demurrer for suche a bille of periurye, & were Conuented & bitterlye reprehended in this Courte, to w* Louelace made his excuse that he was a younge man, & when he sawe S' Austine goe before he thoughte he mighte safehe followe. ' There [are] but 3 Coram Domino rege. ' 1. Coram Domino Rege in Cancellaria. ' 2. Coram Domino Rege in Camera stellata coram consilio ibidem. ' 3. Coram Domino Rege iw Banco vhicunque fuerit.' ' Ebjietas dissipat sensum, confundit intellectum, et destruit vitam.' 1606 [? Not. 6] Jfn Camera stellata, coram consiho ibidem, Mer- curij, 1606, [sic, ? 5 November], Jacob. Eegis Britanniae 4°.^ GrLOVER and others Pre-emption olTin The Attorney-general informed on the patent of the Stanneries of emption and pre-emption, made by Queen Elizabeth to Bridgeman and another named Wenne,^ of London, against one [Eichard] Glouer, and others ' of the Pewterers' Company, for practises and misdemeanours to defraud and deceive the King in his prerogative in the pre- emption of tin, and conveying this without custom, and calling court at their Hall without the Master, in deposing the Master (not warranted by their charter), and in assem- bling tumultuously and riotously at their Hall, and entering with violence on the treasure without keys, and other like acts. ' Fuller, of Counselle w* the Defendauntes, did confy- dentelye alleage that pre-emption was newe starte vp, & neuer hearde of before the latter ende of the late Queene's Eaigne ; but the Lo. Chauncellor did reprehende him bitterlye for it, & wished him to learne better wordes, & seeke to knowe more; for the kinge's Counselle did ap- ' 1579 to 1587. phrey Wemmes. ^ Eight Councillors and Judges ' The others were Roger Glover, were present. John Hethe, and Habbakuk Ourtes. = Thomas Brigham and Hum- eraption of tin, etc. I'll Camera ^tfllata 303 proue by many presydentes [precedents] that the kinge & all his predecessors & the princes, Dukes of Cornewall, haue allwayes had bothe emption & pre-emption of all the tinne mines in Deuonshire & Cornewell in whose groundes soeuer they were, as a flower of the Crowne of Englaunde.' 4 Johannis regis Angliae ; the king grants to the [p-28i] Bishop of Exeter the tithes of the pre-emption of tin in as'^to^iTepre- Deuonshire & Cornewell. 1 Henry III. ; a grant to ' Jhone,' the King's mother, of all the Stannaries. 10 Henry III. ; the king grants to his brother Kichard the Stannary by the name of stagnarmm. 15 Henry III. ; prohibition for merchants not to inter- meddle if it be not signed. 33 Edward I. ; report in the Commentaries. Quere. For it was read and commended for an excellent precedent. ' 12 E[dward] III. ; a Commission par graunte to take tinne, & Carriage for the same, & all w'^'standers to be rebelles ; & there bothe pre-emption & sole emption are graunted.' 31 Edward HI. ; a grant of the coinage of the stannary [cunagiu'jii stannariae] by the Prince for three years, and the emption of all the tin, for 3000 marks fine and 600 marks rent. 7 Edward VI. ; lease for 21 years for 3000 marks yearly rent, emption of all the white tin. 18 June, 43 Elizabeth; Patent to Bridgeman and another, named Wenne.^ And upon the opening of this part only it was ad- journed to the Wednesday next following. On which day, &c., all the evidence was heard for the leos plaintiff, and Puller replied to the first part as to the right of the King. As to the precedents, he affirmed that it was never used in [time of] peace, but in time of trouble it was used to raise money to maintain wars ; et necessitas est lex temporis ; and the King shall [then] have pre-emption [of tin] as he shall have pre-emption in victualls and other ' otherwise called Brigham and Wemes or Wemmes. [Nov. 12 (?)] 304 Stsf lUportesi bel Casts 1606 [? Nov. 12] [p. 282] The JutlgeB* opinions Coke, 0. J. provisions by his prerogative, viz : — ' he shall buye before euerye man, & no man shall buye before the kinge be fnrnyshed.' But all the Court reprehended M'' Fuller sharply for such a construction. And the King's Solicitor, Dodrige, proved that all the Kings of this realm at all times had this, and it is the custom also in foreign countries : in France : and the Dukes in Germanie have it. Aad the Court moved that the ' Judges showlde geue there resolution in this pointe : wherevpon firste the Lo. Ch. Justice Koke sayde that M'' Fuller woulde yealde the kinge no more in one kinde than the Maior of London, the Duke of Cornewall, & the Archebishop of Yorke had for the buyinge of vittailles : & in the other kinde he yealdes to more then euer the kinges of Englaunde had or euer he hoped any kinge of Englaunde woulde desyre to haue, by his rule of necessitas lex teinporls ; for in the time of troubles or warres, god forbidde it showlde be lawfuil that the kinge mighte take any man's goods, albeit euery man showlde be wyllinge to Contribute reasonablye to suche times : but for the matter it selfe bothe the Judges did cleerelye resolue that all the stannaries & tinne w*''in Cornewall & Deuon- shire did 1700 yeres sythence belonge to the kinges of this lande, w°'' he proued out of Diodorus Siculus, & that now in whose groundes soeuer they are, they belonge to the kinge, not in pointe of prerogatiue, but in pointe of intereste, or otherwyse the kinge Coulde not graunte them ouer : & proued farther that all those presidentes were soughte by petition to be Confyrmedas, 4 E. 1, 1 E. 3, 12 E. 3, 8 E. 2, 1 E. 4, 3 H. 7, 11 H. 7, cap. 4, 23 H. 7. Bene docet qui pnulenter interrogat.' And so it was adjourned to the next [Court] day. 160S At which day being Friday, November 14th, 1606, ^°^''* the Counsel for the defendants was heard and all their witnesses, [p. 283] ' And the wytnesses that were produced one the De- dilit^ca^ fendauntes' behalfe did sweare lyberallye that the wardens, & the reste of the assystauntes & Companie, did preferre a the King are m Camera ^tfllata 305 petition to the Lordes of y^ Counselle, whereas the petition yt selfe was that one warden & some fewe of the Companie did preferre the petition ; but the 2 Glouers did seeks to gette handes to the petition, & were the principall actors in this busynes ; & the scope of all was to ouerthrowe the pattente & breake the backes of the pattentees ; & the Lo. Cheife Justices did bothe delyuer that it was lawfull for any man to sue to the kinge by petition, but in a iuste & euen {fj^'"/' j^, course, not by gatheringe of handes, for that ys a greate noj^be™"^' offence, & of late hathe Caused muehe trouble, & bene 's^^*^^^^^' punished in this Courte : & for th'offenee layde to the defendauntes' Charge in transportinge goods w*''oute Custome, it is an offence not inquirable nor to be punished in this Courte, neyther ys the refusinge to enter into bonde, Aff^ctmin,- but yf any of them be accompanyed w* an vndue practise "in seqm- thereby to deceaue the kings, to hinder his rights or pattente, it ys punishsabls heere : yf any twooe will Con- spire together to enhauncs ths prices of any Commodity w*in the kingedome, it is punisheabls hssrs, for it is the worsts kinds of engrossinge : & this beinge an inheritaunce annexed to the Crowne of Englaunde, the subiecte allso hathe an inherytaunce in it, & may haus a scire facias, & if it bs a prsrogatius, he mays haus a Quo luarranto. 'Euerye Companie by there Charter maye electe a M"', &e., but it is pro bono regimine societatis. ' 20 Ass. and 43 Ass. plac. 38.' twooe Conspire together [p.sai] to abate the prises, or rase the prises, of woolle, the to'SJo? greatests Commoditie of the kingedome, & nexte vnto it ys Tinne, par Kneuette, then Cheife Justice & Chauncellor, they were put to there fine & ransome : for Ingrossers of any Commoditie wers punishsabls by ths Common laws before any statuts was suer mads : & it is allwayes beste for the Common wealths when the home Commodities are Cheape, & forreine deere, & that ys the reason that the greats Custome ys for out-Cariage ^ of home Commodities, ' Le Liver des Assises & plees del Gorone, 1580. The first of these references seems to be incorrect ; the second will be found on fo. 276. ^ Exportation. 306 %t& mpovU& titl Casfcs 1606 Nov. 14 ropliam, C.J. [p. 285] Lord Chan- cellor aud Coke, C.J. City of London commended & the litle Custome for forrein Commodities that are broughte [in], thereby to incourage Porreiners to bringe there trade into C Cuntrie. ' ege7- animus semper errat. 'And the not punishinge of offences is the Cause at this daye of the Contempte of honor & order in all places. ' For the displacinge of the M'' of the Companie, or the disfraunchisinge of men or officers, ys not properlie to be examyned in this Courte, vnles it be accompanyed w* a ryote, a misdemeanor & a practise, as it was in this Cause. ' By the Lo. Cheife Justice Popham : the Commoditie of tinne had bene vtterlye ouerthrowne yf the pattente in 43 elizab. had not bene graunted, & occasioned prinei- pallye by some particular Merchauntes that woulde at some times forbeare to buye any tinne of a longe time vntill they mighte make there owne prise, leauinge in the Tinners' handes threescore thousande poundes of tinne ; whereas, synce the pattente, it is ordered that the Tinners shall allwayes haue tenne thousande poundes in monie beforehande. And the Condicion of a bonde deuysed by the lordes of the Counselle, & by them ordered, was to haue & take Tinne as the kinge payde for it, so as they wroughte & vttered the same to the subiectes w'^in the lande, & yf they woulde transporte it, then they payde a greater rate for it. w°^ to yealde vnto, the 2 Glouers not onelye refused them selues, but disswaded others, terminge it slauerye to be so bounde, & therevpon remoued the M"' & chose another : whereas, by the opinion of the Lo. Cheife Justice Popham, no Companie or fraternatie Can by there Charter remoue any officer w^'oute iuste Cause ; yf they doe, he hatha his remedye in Chauncerye or kinge's benche, where he shall haue a wrytte to settle him in his office againe. ' And by the Lo. Chauncellor & Lo. Ch. Justice Koke, the gouernemente of the Citie of London was muche Com- mended, as it was ejntome totius regni, & by the good gouernem"' thereof the whole kingedome receaued muche good, & as it was allwayes true & neuer false to the Crowne m Camera ^tellata 307 of Englaunde, so at this time there are as grave and wyse a Counselle & senate in the same aa eiier was, whoe haue gyuen an exoellente testimonie to all the worlde of there religious & peaceable gouernemente in these greate times of alteration & of infection longe lingringe amongste them. & it was the rather spoken at this time bothe to encourage [p. 280] them in there well doinge, & allso to Commende them in that they endeauoured to order & dispose of theise thinges peaceablye amongste themselues, & to staye any Farther proceedinge in them, vpon a petition delyuered vnto them ^'''^*'°" by theise defendauntes ; w*, for that it did Conteigne in it a«feaaant3 some false matter wherein they were abused, it was ordered by the sentence of the Cowrte that the Defendauntes showlde, at a publike Cowrte at the Guylde halle, make recognition & acknowledgemente of there faultes & fauxitie to the Lo. Maior & his bretheren : for it was noted by the Lo. Chauncellor, that in the hearinge of this Cause there hathe bene now spente three whole dayes, & neither at the iirste nor seconde did any of the Defendauntes submitte themselues, but defended all they Coulde eyther by witte or arte of there Counselle, & opposed againste the pattente & kinge's righte all they Coulde deuise, euen after the opinion of the Judges, & therefore vnworthye of any fauoure, for the iudgemente belongethe to the Courte, & mercye to the kinge. ' But for the opinions of the Courte in sentence, they sentence were somethinge differente. Herberte, Koke, euesque de Londres, & Exeter, fined the twooe Glouers onelye 200"- a peece : but the opinion of the reste, w* seemethe was the sentence of the Courte, viz : — Popham, Zouche, North- [p. saz] ampton, Tresorer, Archeuesque, & the Chauncellor, were all of opinion that the twooe Glouers showlde be Fyned a thousaunde markes ' a peece ; Curtes & Dunninge, three hundrede poundes a peece ; Hethe 200"- ; & that the twooe Glouers showlde paye 200"' Dammage to the 4 plaintifes ; & the other 4 defendauntes showlde be fyned lOO"' a peece ; to make recognition of there Faultes as ■ £666 13s. U. X 2 308 ^esJ mepoi-tesi liel Cases; 1606 Nov. 14 The Lord Chancellor moves that Coke's anti- quarian information be put in the Order before to the Lo. Maior & Courte of Aldermen ; to haue all ymprisonm*'= accordinge to the Course of the Courte duringe the kinge's pleasure. ' And the Lo. Chauncellor moued that forasmuche as the Lo. Cheife Justice of the Common place had taken greate paines & delyuered manye excellente thinges touchinge the kmge's intereste in matters of tinne, & those of greate antiquitie, whereof the worlde neuer tooke knowledge before, that one of the kinge's Counselle showlde attende his beste leysure for the settinge them Downs, to the ende they may be inserted in the Order ; w* the whole Cowrte lyked verye well of. '- Par Lo. Northampton, nummus non gignit nummum, neque metallus metallum. Par Lo. Chauncellor. pater [sic] familias venda''em non emacem esse oportet; otherwyse let him looke well to his stocke, for it will soone decaye.' ' [p. 288] Counsel punished for a scandalous Answer The Lord Chancellor advises counsel not to act for themselves ' The same daye vpon motion made of a reference of a bille wherein Farrwelle, an Atturnie at the lawe, was pi. againste John Farrwelle, his sonne, of the Inner Temple, outer barrister.^ The Lo. Ch. Justice Popham had certified that the Defendaunte had firste in the begynninge of his aunsweare pleaded not guyltie, & afterwardes layes downe much impertinente matter, very scandalouse to his Father, & in no sorte materiall to the Causes Complayned of in the bille, & to this aunsweare he had sette to his owne hande : & for this, by order of Courte, he was to be imprisoned, & not to be delyuered vntill he were bounde to his good behauyoure, & had payde suche Fyne as the Cowrte showlde ympose vpon him. And by waye of aduyse, the Lor. Chauncellor did admonishe all men to beware how there practise began vpon themselues, & that it is not fytte in good dyscretyon to be of Counselle w*-*" himself e & in his owne Cause ; men of iudgemente & discretion haue all- wayes refrayned so to doe, for a man Can not looke into himselfe w*'^ indifferente eies. Euerye man naturallye ' See Appendix XX. 2 John Farwell of Holbrook, Somerset. Admitted Nov. 1594 ; called to the Bar 1603 : 1620. Bencher Nov. r lit (Kamera ^Wlata 309 ys a louer of himselfe, & partiall in the iudgemente of himselfe.' 5n Camera ^Ullata, Coram ConsiUo ibidem, Vene- [p-289] ris, 7 Nouembr. 1606, adonque presente, Ellsemere, Lo. leos Chauncellor ; Bankrupt,' archeuesque de Canterberie ; Dorset, Lo. Tresorer ; H. Hawarde, Lo. Northampton ; Burleighe, Lo. Exeter ; Zouche, Lo. Zouche ; Vaughan, euesque de Londres ; Popham, Ch. Justice ; Koke, Ch. Justice ; et Flemminge, Ch. Baron. ' The Former Cause betwene the Ladie Eusselle, pi., & the Earle of nottingham, formerlye referred to the Judges, was now this daye hearde one bothe sides againe.' Lady Russell Earl of 2 NOTTLNG- HAM and others Riot, etc. 'And the Judges did all w* Consente delyuer there opinions vpon the reference in there sentence, & woulde not before. ' The Lord Cheife Baron Cleared the Lo. Admirall from doming, C. B. procuringe any Eiote, for his Commaundemente was law- ful!, & therefore he was Cleere, albeit the riote was sub- sequente. Sugden was onelye presente at the iirste, & this vsage was no ryote, for the Lorde Admyrall had th'enheri- taunce of the Castle, & the Ladie had onelye the Custodie to the vse of the Lo. Admirall, & her possessyon was my Lorde's possessyon ; & therefore yf a seruaunte that keepes a howse will keepe his M"' out of possession, the M'' maye breake the howse, for he dothe not eiecte another out of possession. But the 2'^ riote ys of greater diificultie, for the ladye hatha the Custodie of the parke, & yf the lodge were an auntiente lodge at the time of the pattente made, then it dothe apperteigne to the keper, as proper to the keper to haue a lodge, yf it apperteigne to the keper in pointe of intereste, then the 2* was a ryote ; but as the Case stoode, no restitution Coulde be graunted. And the Justice of peace ' did very discreatelye, for there was no fp- ^^"^ ' A curious misspelling of Bancroft. ^ See ante, p. 271. ' Thomas Dolman. 310 iLesf ^Reportes! Uel Case^ 1606 breache of the peace, therefore no Cause to binde any to the peace. He acquytted the Lo. Admirall, & that he had done honorablye & discreatelye. & he acquytted all the reste for the fiirste ryote, but he Coulde not acquite nor condemne them for the seconde ryote, because it coulde not appeare ynto them in iudgemente whether it were an aunoyente lodge or no, nothinge beinge mencyoned w*''in the bookes [depositions], (wherevpon they must onelye iudge), Concerninge the same. Coke, c. J. t [f ije Lo. Ch. Justice Koke agreede that the Lo. Admirall was not to be touchte w* any procuremente, nor any other, for the firste ryot : for the Lo. Admirall gaue a lawful! Commaundmente, & yf his seruaunte execute vnlawfuUie, that shall not Charge him : but otherwyse it is of an vnlaw- fuU Commaundemente, as I Commaunde my seruaunte to beate one, & he beatethe him vntill he kill him, this ys my faulte. The Ladye Eusselle ys the Lo. Admirall's seruaunte, & keper of his howse ; yf he or his seruauntes breake the lockes or doores, it is noe wronge, for she hathe but the bare Custodie, for him & not againste him ; & she hathe noe mtereste, yf there be not an auntiente keper- shippe & lodginge appurteigninge to that ; for a Freeholde maye appurteigne to an office, as to the Fleete : but she hathe her salarie for her keepinge, 2*^ ob. [2^cJ.] j^er diem, & shee ys serrus servi.' A man grants the keepership of a house or park, and the grantor destroys the house, or destroys the park, or disparks it, where is the keepership ? Eruhescivius sine lege loqtd. 7 Edward VI., in Dier.' ' He Commended Dolman, the Justice of peace, & he did very discreatelye, for he had done iniustice yf he had graunted restitucyon. A Justice of peace ys not bounde to gyue restitucion, but he maye yf he will : & so he freede him w"' Commendacion a poena et cidpa. [p. 291] ' For the 2'^ ryote. for there number, there were 17 ; for there weapons, they had swordes & other weapons of offence ; they vsed ill wordes, " kill them & hocke them " ; ' Ajiparently the case of Lord Hil., 6 & 7 Edw. YI. ; Dyer's Beporis, Willouyliby v. Foster is referred lo, i. fo. 80 b. in Camtra ^tdlata 3H for the time, they kepte there three dayes & three nightes, & the time onelye may make a ryote greate. yf a man haue had a possession for three yeares, he maye keepe it w'^ force, but he Can not enter vpon his possession, nee manu forti nee multitudine gentium.' 22 Henry VI., 14 Henry VII. a disseisee may not enter on the disseisor by force, notwithstanding he had 60 years possession. Nihil vi faciendum, for the law abhors force ; nihil magis con- trarimn legi quam vis. ' But he Coulde neyther acquit nor Condemne them by Judgemente, for a Judge showlde not, neyther Can he, iudge accordinge to his owne pryuate knowledge, mes secundum allegata et probata. And the dryuinge of the Cattelle ys lawfull, for the keeper shall haue but the surplusage onelye, & it dothe not appeare that there was anye ; & for this laste, he referred to the Common lawe to receyue a tryall there. ' Cheife- Justice Popham agreede that the firste was no Popham, riote, neyther the seconde, that he Coulde Judge of : for a man may resiste w*'^ force beinge in possession, but not enter w* force.' The keeper who has no grant of herbage and pannage shall have only the surplusage, and if he take agistment \_gisemente'\ or destroy the wood, it is a forfeiture. Without inquiry, a Justice of the Peace cannot grant restitution, if he did not see the force ; and the Sheriff ought to restore to possession. Zouche and London agreed with the two Chief Jus- Lordzouch, Bishop of tlCeS. London Exeter censured the second as a riot, and fined [them] Lord Exeter £4.0 pro exemplo. [p. 292] ' Northampton, the kinge by his prerogatiue maye take ampton"^"^" vp any howse in his progres. By the Ciuill lawe the wyues are fauoured in Cases of treason, propter imlecillitatem sexus. ' Lo. Tresorer acquites them all, & referres them to the Lord lawe ; for in iudgemente quod dubites refeceris.' The Archbishop acquits them all. AroiiMsbop ' Lo. Chauncellor acquites the Lo. Admirall, & that he Lord ouan- hathe Carryed himselfe honorable, & greate temper, & good respectes. But for the 2'' ryote, he woulde sentence it yf 1606 Nov. 7 312 Ees! Eeportes liel Casesf the wylnesses did agree vi^Hn the bookes [depositions]. Idea Uberavi animam meam. euerye man ys to delyuer his Con- seyence: "I Cannot Cleere nor Commende Dolman, the Jus- tice of peace, for yf he had done [well], vpon the sighte of Buche an assemblye, suche weapons, suche an occasyon, suche woordes, yf he had done well he showlde haue bounde them all to the peace for most safe tie." ' 1606 Not. 19, 21 $n Camera ^ttllata, coram Consllio ibidem, Mer- curij, 19 Nouembr., et Veneris, 21 Nouembr., 1606.' SluRflAN Morgan and others 170 (lefeud- aiits 20 to be chosen [p. 203] ' A greate Cause of hearinge betwene Edwarde Morgan, pi., againste S"' William Morgan,^ & 170 other Defendauntes, a welche Cause : there ys a Crosse bille dependinge allso, that is to be hearde the nexte daye, againste as many defendauntes ; & therefore it was formerlye ordered by the Courte that one bothe sydes they showlde ey'ther make Choyce of 20 defendauntes a peece, & they showlde onelye proceede againste them, to auoyde the drawinge vp so many dwellers so farre of from this towne. 'The Charge in the bille was that Sir W™ Morgan, beinge a Justice of peace & a greate man in his Cuntrye, vpon former malice & quarrelle w* Edwarde Morgan, had Caused a Challenge to be sente to the pi. & his sonnes, & againste a quarter Cessyons at Chrystemas, had sente & spoken to dyuerse of his Preindes & kinsemen to Come stronge to meete him at the Cessions ; & therevpon he himselfe Came accompanyed w* 40 men, some w* swordes, rapyers & daggers, steele Cappes, priuie Coates, Jauelins, & swordes & buckelers, & billes, & longe staues, in so muehe as the towne was full of weapons, & there Came 140 to assyste Sir Wylliam Morgan : The Defendaunte he alleaged that he, hearinge how the plaintifes meante to dysgrace him. Came thus prepared to defende himselfe, & that there was nothinge done, not a blowe gyuen : & that the pi., ' Eight Councillors and Judges were present. Sir William Worgim was knighted by James I. at Whitehall, July 23, 1603. m Camera ^trllata 313 beinge a recusaunte,' did the nexte Sondaye after the Queene's Deathe, take the Cuntrye armoure, from the place where yt did vsnallye lye, home to his owne howse ; w"'' the Defend*^, muche mislykinge, did labor to -w^stande; w"^ was the Cause of the fyrste mallice : so vpon the whole matter, 2 entier dayes beinge spente in the hearinge of the Cause, the Courte seemed to be doubtefuU what sentence to gyue, & differed in there sentence the one from the other. The 2 Ch. Justices, y" Lo. Zouche, the twooe bishops & the sentence Lo. of Northampton, iudginge but a small faulte, rather an error onelye, & wante of a litle good discretion ; for his Comminge to y" Cessyons he was bounde by his oathe, & for y^ wearinge of weapons by 4 H[enry] 7 & 24 H[enry] 8, they are all forfeyted to the Kinge, beinge w*in Wales, w'='', as they thoughte, was punishemente inoughe ; & the Defend- aunte a gentleman that had done good seruice in the Cuntrye, & the pi. a recusaunte, but otherwyse a man of honeste & Ciuill Conuersatyon ; yet the sturringe of armor at suche a time was very ill, & mighte haue proued very daungerous, & the defend"' did well in seekinge to staye it as he did ; yet because suche are the dispositions of the people in those partes that to gyue waye to theise thinges were vesji. daungerous, & for example sake therefore, they fined the Defend*^ 40"-, & many of the reste 20"- & 10"- a peece, & imprisonmente of course.^ ' But the Lo. Chauncellor, the Lo. Tresorer & Secretarie [p- 2m] Herberte were of an other opinion, & blamed the defend'^ very muche, for that he was sworne to preserue & keepe the peace, & this sekinge to be greate & beare a side, in those Cuntryes especiallye, ys very daungerous ; & for his offence they fyned him 300"- markes [sic] & the reste of the defendauntes 20"- & 40"' apeece.' ^ ' 1605 ? Undated. Grant to Carae, Page of the Bedchamber, of Robert Hales of the recusancy of £300, debts due to Edward Morgan, Edward Morgan of Swinnerton, co. recusant, which ought to come to Stafford. State Papers, Domestic, the King. Docquet. James I., vol. 17, No. 82. ' This, being the sentence of the 1607, March 19. Licence to Ed- majority, would be the sentence of ward Morgan to exercise his religion, the Court. paying £20 a month to the King. ' See a cross bill between the Grant Book, p. 25. same parties, post, p. 314. 1610, March i. Grant to John U4 aeg SEeportesf tiel Cases! 1606 Nov. ; Morgan II, Morgan Kiot, etc. Seizing the comity armour [p. 205] hX Camera ^tellata> coram ConsUio ibidem, Mer- curij, 26 Nouembr., 1606.' ' Cause of hearinge betwene S"' W" Morgan, pi., againste Edwarde Morgan, his twooe sonnes, & dyuerse other De- fendauntes, vpon a Crosse bille for the Former Cause : but the bille did allso Conteigne the riotous takinge awaye the armoure w*'' multitudes, w*, upon a reference to the Judges, was thoughte, for some pryuate reasons, not fytte to be opened nor dealte w^^'all ; but vpon the latter parte of the bille, for that W" Morgan & George Morgan, the Defend- auntes 2 sonnes, & dyuerse other defendauntes. Came w'*" multitudes to the sayd Quarter Cessions at Vske, (hauinge no occasyon of busynes there), some armed w* priuie Coates, quylted Cappes, swordes & bucklers, holbertes, iauelinge & pike staues, & troupte vp & downe the towne w*"* there weapons after proclamacyon made by the sheriffe for keepinge of the peace, & one George Morgan, a defend- aunte, strake one of S'' W" Morgan's kinsemen a greate blowe in the face standinge neere to the Courte, for w* he was endyted & Fyned 10'' ; whereas by the opinion of the Courte yf any man kille the Lo. Chauncellor, or any Judge syttinge in iudgemente, it is treason ; & yf any stryke in the Face of the Courte, he shall loose his hande for yt, and be put to Fyne & Eaunsome, & imprysoned duringe his lyfe. & by the Judges, this small Fine imposed by the Justices of the peace ys a greate faulte, the offence beinge so greate, & theise lighte punishementes of offences w'", when they are Complayned of heere, are fined at 200''- or 800''' or 500"' fine, are the Causes of many more offences & Complaintes thereof heere ; for vt res, ita tempora rerum, & therefore wyshed them to haue Care to redresse the same : & for theise defendauntes, the Father was acquyted, for that he was not presente at that Eyote, nor he was not Charged in the bille as a procurer (in that parte of the bille that Came now to hearinge) ; but his twooe sonnes were Fyned 200'^' a peece, & he that stroke the blowe was ' Nine Councillors and Judges were present. Nov. 29 in Canura ^tellata 315 fyned 200 markes, those 4 that ware priuye Coates 40''- a peece, the reste 20"- a peace.' ' $n Camera ^tellata, coram ConsUio ibidem, Sa- leoe turni, 29 Nouembr. 1606, le prochein iour puis le fine del terme, adonque presente, Lo. Chauncellor, euesque de Canterberie, Lo. Tresorer, euesque de Londres, ambideux Cheife Justices, Baron Sauelle, Justice Yeluerton et Justice wiUiams. ' After dyuerse motions made, the Atturnie generall a^.-gbn. informes ore terms, vpon the Confessyon of the parties, wblby againste 5 younge gentlemen, 1. welbye of graies Inne,^ , — 2. Vauxe of the middle temple, a Citizen's sonne, & lefte 50"' lande by the yeare, beinge a younger brother, 3. Gosnall, the sonne of a Counsellor at the lawe of the Middle temple, 4. Fitche of Clifforde's Inne, & a Gierke, 5. Losse, a Gierke. There offences were that they, w*'' 3 others that were escaped, beinge at supper together the 7* of this nouember in Holborne, did resolue to doe some- thinge that they maye be spoken of when they were deade. And therevpon late in the nighte after supper tooke a boate [p. 296] & wente ouer to Lambethe Marshe to the Swanne, where one Dauis dwelte, a lewde Fellowe & a very lewde howse, & there Called for drinke & a wenche, & beinge denyed, brake the windowes of the howse & of tenne or twelue bowses more there, in somuche as the Constable w* the wache sette ypon them & tooke them, but beate some downe to the grounde before they Goulde take them, & the nexte morninge Caryed them to the Lo. Gh. Justice, whoe vpon examynacyon Commytted them to the kinge's benche prison, where they haue lyen euer sythence : & all this they Confessed vpon there examynacyons, & it was Con- fyrmed allso by the examynacion of the Constable & the other wachemen. ' See a orosa bill between the same Gedney, co. Lincoln, gent., admitted parties, ante, p. 312. Nov. 10, 1(504. 2 Probably William Welby of 316 iC^gf jKeportesf trti €a&t& 160S Nov. 29 ' It was generallye Condemned for a greate & a base offence, ill beseeminge gentlemen, as the moste of them were reputed to be, bothe in name & blonde : & they are now to punishe it, not so muche an offence in them, as to prouyde that by the example of this punishem'^ others maye be kepte from offendinge in the like kinde ; yet wee see they haue Confessed it, there ys Confession, Contrition, & some parte of satisfaction, in that they gaue the nexte daye 16' recompence to the parties whose windowes they brake : et come le Lo. Cooke dit, Cum sponte confitente mitius est agendum, ad reformacionem, non ad ruinam, ad emenda- tionem, non ad destructionem. iter iuuentutis lubricum. "this dronkennes," sayd the Lorde Chauncellor, "ys voluntarius Demon, it Caries a legion w* him." Welbie, Vauxe & Gosnall were fyned 50"- a peece ; Fitche & Losse 20"' a peece ; & imprisonm**.' [p. 297] 1606-7 Jan. 28 KiNGE V. LUDLOWE Riot, aud misde- meanour 5tt Camera ^tellata, coram Consilio ibidem, Mer- curij, 28 Januarij, 1606, Termino Hillarij.^ ' A Cause of hearinge betwene Kinge, a minister, & Joel Kinge his sonne, pi., againste Henry Ludlowe, esq"', the Sonne & heire apparaunte of Sir Edwarde Ludlowe,^ John Younge, a minister, Lancaster, Hockenet, & others, the seruauntes of S'' Edwarde & Henrye Ludlowe, de- fend'^^ for 2 ryots & a barbarouse misdemeanor. This Joel Kinge, the pi., heretofore seruaunte to S'' Edwarde Ludlowe, very lewdlye & wiekedlye betrayed his M"', & stoale awaye his daughter & maryed her, he beiage a very meane & base fellowe ; for this base indignitie the defend- auntes maliced him, & manye times attempted his ouer- throwe ; & in December in the 45* yeare of the late Queene, the sayde Joel Kinge in rydinge to Eeadinge was assaulted in Bishops roade, & there taken from his horse, & w**" the raines of his horse bridle he was hanged vp in a tree vntill he was allmoste deade, & then lette downe, & his handes & legges bounde very harde together behinde him, & they ' Nine Councillors and Judges were present. '^Knighted 1601. in Camera ^tdlata 317 tooke one of his girtes & strangled him harde w* the same, & w* a sticke thruste downe dyuerse pinnes into hia throate, & so lefte him, this beinge done in the morninge very earelye : he laye there vntill the eueninge, & then was founde, his handes [and] his other limmes were growne very blacke & muche swollen, his tounge hanginge oute of his mouthe as blacke as a shooe, & to all men's thinkinge deade, & w^'oute sense, & so disfigured that none knewe him but by a marke in his hande. And then Caryinge [p-sss] him to a howse, & rubbinge him w*'' warme Cloathes, & powringe aquavite into his eares & mouthe, they perceaued he had lyfe, but laye in greate paine & extremitie, & three dayes speecheles ; & despayringe of his recouerye, they broughte him penne and inke, & he wrote the description of John younge, his apparelle, the horse that he roade vpon, w"*^ was Henrye Ludlowe's, & descrybed three other of M'' Ludlowe's men, & all there names, w"*", vpon other prooffes & there owne Confessyons, were prooued to be all there the same morninge & verye neere to the place where Joel laye bounde ; but [they] pleaded not guyltie to the Facte : Joel laye in greate extremitie for dyuerse dayes, & w^Mn 8 or 10 dayes, after takinge honie, butter & oyle, & vsinge a wyer made Crooked, & a feather put downe into his throate, after greate strayninge by vomitinge, he Caste vp dyuerse pinnes, & some water & flegme therew"' : & then had one of H. Ludlowe's men sworne the peace againste Joel, & gotte a warraunte from a J. of peace for him, & H. Ludlowe sayde, " yf yo'' Conscience will sweare safelye, you may take the peace of him ; " & S"" Edwarde Ludlowe sayde, " yf he Can not Come, you maye bringe him vpon a horse or in a Carte ; " & sente 2 of his men w* them for the bringinge of him, a very Scithian & barbarous prac- tise, & more Cruell then either Lion or beare, whoe will not destroye there owne kinde : & moste of all Condemned in the parson, & as the Lo. Kooke sayde, " Clericus in oppido, piscis in arido." & they all wyshed S" Edwarde Ludlowe had bene made a partie, they would haue sentenced him ; they vpon the presumptions & Circumstaunces con- sentence 318 iCesf aat})orte£i tiel Ca5t£( 1606-7 Jan. 28 [p. 200] Slander in the King's Indictment Written evidence, when good demned Henry Ludlowe in 500"', John younge the parson in a 1000"-,' the other 2 in 100"- a peece, & the other thirde in 50"', to be bounde to there good behauyoure, & im- prisonm"^ ; & referred [Younge] to the Lo. Archebishop for his remoouinge oute of the ministrye. ' Condemnare innocentem et iustificare nocentem, vterque abomi7iahilis apucl deum. ' Henry Ludlowe broughte an Action of the Case againste Joel Kinge for woordes, whereby he Charged him w'** this facte, & recouered againste him a 100'"' for dam- mages ; but Joel preferred an inditemente vpon this facte & it Coulde not be founde, so that it seemes M"' Ludlowe's strengthe ys greate in the Cuntrye; & therefore the Courte gaue him a lOO^'' dammages. & the Lo. Ch. Justice of Englaunde sayde that yf a man be robbed or wounded, & he wrytes downe a perfecte description of the men, wherebye they are knowne, & so dyes, this wilbe good euydence to Conuycte them : the Defendaunte in this Cause had examyned no one wytnes, but had iirste pre- ferred a Crosse bille againste the plaintiffs, pretendinge that this was a practise & a iuglinge tricke, & in that bille, as they suggested, they had examyned many wytnesses, whereof they prayde to haue now the benefitte to reade them in this Cause, & the rather for that it was broughte firste into the Cowrte ; but it was resolued by the Cowrte it was againste the Course of the Cowrte, & was not allowed not one to be reade ad informandam conscientiam. Quod nota. ' Judicandum est de manifestis, non de occidtis.' 1606-7 Feb. 13 Savagb, Nir,'['lII';usiE, Mar'j'ix, GENNtNGS, and JullN- SON In Camera ^tdlata, is Febr., leoe.^ John Sauage, £100, John Nethersie, 100 marks, Thomas Martin, £100, George Genninges, £30, and William John- son, £30, were sentenced for building contrary to the pro- clamation of ^ Elizabeth and 4 James,"* causing by this ' See Appendix VII. ^ No names given. » Blanli in MS. •■ The Booke of Proclamations before referred to, ante, p. 179, n. 1, does not include any proclamation as m Camera ^tellata 319 death, dearth, depopulation, disorder and waste of timber, fined for ' J. 1 ' builfling The tenements to be pulled down. contrary to ■^ the pro- There are 6,000,000 [sic], six hundred souls m the ciamations suburbs. London beinge Camera regni by the residence of the King. ' the Maior, y" Eecorder, & those that haue bene Maiors are [the] onelye Justices of p. in London.' ' $lt Camera ^tdlata, coram consiUo ibidem, Vene- [p. son ris, 24 April. 1607, termino Pasche.^ Aprii24 case Practice and misde- meanour Cause of hearing against Gallette and others for riot '^^^'^ and other practises and misdemeanours in receiving a blank warrant of the Under- Sheriff and putting a name in it, a usual fault and common with Sheriffs. And for this offence only as for a misdemeanour they fined Gallette £20, with sentence imprisonment, and they acquitted him of the other offences, also the other defendants. ' And wished that the sherife had bene made a partie, vpon whome they woulde haue layed a heauyer Fyne for example sake.' $n Camera ^tellata, 29 April. 1607.=' iso? ' '- April 29 Cause of hearing between Eobinson, plaintiff, against eobinson Nethersall, formerly Mayor of Canterberrye, ' for forgerie nktheii- and periurie, & againste twooe others ; & did shewe forthe and others that Nethersall, Comminge to olde Leuette, a Clerke in Forgery and y ^ ' perjury Canterberye, & findinge him full of greife & sorrowinge for the deathe of his sonne, he shewed him a bonde of his Sonne's of 200"- to be paid to y*' father yf the sonne dyed vnmaryed, & Nethersall Copyed oute this in parchemente : to buildings in tlie fourth year of any former building was, within the James. On p. 101, however, is same Citie of London, or the Suburbs printed A Proclamation for Build- thereof, or within one mile of the ings in and about London, which is sayd Suburbs, except all the vtter probably!; he one referred to in the wals and windowes thereof, and the text, dated at Thetford, March 1, forefront of the same be wholly made 2 James, 1604. No timber trees of Bricke, or Bricke and stone,' etc. were to be used for charcoal or fire- ' Page 300 is blank, wood ; after Michaelmas then next ' Five Councillors and Judges ' no person shall build or erect any were present. new house, or the forefront of any " Seven Councillors and Judges house in any new building, where were present. 320 iCe£j aaeportes trel Cases 1607 April 29 p. 302] & afterwardes nethersall, vpon a triall for the sayde dette vpon the sayde bonde, deposethe that he did see a true bonde out of w* he made that Copie ; but it Goulde not appeare by any mann"' of proofs that euer there was any true bonde ; and this bonde was therefore sentenced in this Cowrte to be a Forged bonde, but no Forger then found ; yet now it was proued that nicholas Leuette, one of the defendauntes, did sealle & delyuer this bonde in his brother's name after his brother was deade ; & so was the sentence of the whole Courte that he was the Forger, & had his sen- 6BHz.oap.u tence for his punishemente vpon the statute of 5 Eliz., cap. 14.' Nethersall & the other defendaunte, Henry Leuette, were condempned of periurye & forgerye by bothe the cheife Justices, the Lo. Knolles & Lo. of Northampton, & were acquyted by the Lo. Tresorer, lo. Arehebishop & the Lo. Chauncellor as a case non liquet. 4 againste three : but I haue hearde y" Lo. Chancellor bathe a Castinge voyce yf Jj^sa casting there be 4 agamste 4 or three againste three, but what this Judgemente will prooue to be Quere ; for it was well sayde by them that it were better to acquite 20 that are guyltie then Condempne one Innocente.' Sentence Qy, if Lord Chancellor 1607 $11 Camera ^tellata, coram Consillo ibidem. Vene- ris, 1° Maij, 1607.^ M.VRGERY Drue Forgery [p. 303] Forgery of a will Cause of hearing between Margerie, plaintiff, and Henry Drue, brewer and Mayor of Boston,^ defendant, for the forgery of the will of Eichard Margerie, deceased. ' The defend"', as he Confessed by his aunsweare, Comminge to Kicharde Margerie when he was sycke, he gaue him instructions by worde onelye to make his will ; w* the defend"' did not then wryte any thinge ; & the sayde Eych*^ Margerie, w*''in 2 howers after suche instructions gyuen, dyed, & the defendaunte, w*in 14 dayes after, wrote downe a formall wille as any Lawyer Coulde make, & sette ' For the punishment see Appen- were present, dix X. ' He was Mayor of Boston in - Eight Councillors and Judges 1595. in Camera ^tellata 321 downe the perfecte disposition of all his landes & goodes, w"^ many legacyes, so speciallye & so artificiallye, as it was altogether impossible for any man to doe, no, not any lawyer whatsoeuer ; neither coulde the memorye of man Carye awaye so muche ; w**' a Clause of reuooation of all former willes, & a solemne witnessinge by the partie him- selfe, as thoughe it had bene done in his lyfe time, & not as a declaracion of the intente & meaninge of his laste will ; w""^ had bene good for goods yf aftewardes prooued as the declaracion of his intente by parolle onelye : & so bothe the eheife Justices delyuered there opinions : ' In this will the Defend''^ had for better Collor to the Ti'e defendant's same deuysed parte of the sayde Rich*'= Margerie's estate cnnning to y'= Maior & Aldermen of Boston for the vse of y"" poore, & other parte of it to y" Churche, to one Docf wright, but y" pi. beinge a simple, weake, younge Pellowe, & an appren- tice, he woulde haue boughte his yeares ; & as soone as he Came to full age he [the defendant], pretendinge to prooue ani^aua a Father vnto him & to protecte him, gotte a Feffemente of his lande, vpon truste as he supposed, but then he tolde him there was a will w°'^ tooke y'' lande from him, & yet allwayes after that, & now allso, denyed that there was any will ; & yet, not longe before this suite began, he gotte a [p- so*] relleasse from him, so deuysed & penned as the lyke hathe bene seldome seene, et clausidae inconsuetae inducunt stis- pitionem. & in that was all questions, suites and contro- uersies touchinge y^ will relleased ; whereas there was then no question or suite eoncerninge y^ same. ' For this offence he had a very sharpe sentence by y'' sentence generall Consente of all y*" Courte, aeeordinge to y*" statute of 5 Eliz., cap. 14: — He shall paye doble Costes & dam- seuz. mages to y'' partie greiued, shalbe sette one the pillorie & haue bothe his eares cutt of, his nosthrilles to be slitte & cutte & seared w"' a hotte iron, & shall forfeite to the kipge J' profQttes of all his landes duringe his lyfe, & haue per- petuall imprisonm'^ duringe life.' ' ' This is the punishment imposed by the statute. Y 322 ilt^ 3afpoiie£{ Del Casies h\ Camfra ^tellata, coram ConsiUo ibidem, Mer- curij, 6 Maij, 1607.' Earl of Lincoln DiMilOCK Eiot, etc. Breaking a pound Breaking down a pale at niglit [p. 305] * Cause of hearinge enter Th'erle of Lineolne, pi., againste S"^ Edwarde Dimmocke, & other, his seruauntes, Defendauntes,^ for 2 ryottes & a practise or misdemeanor in ioyninge together to delyuer a petition to y' kinge againste the pi. the firsts riot was in breakinge a pounde & takinge forceablye Cattelle from thence, (w* are sayde to be in Custodia iegis, & therefore to be repleuid) ; th'other riote was in breakinge downe 20 rodde of sawed pale in y'' nighte time, diggings vp the postes, & Carryings them into y'^ defendaunte's yards. S'' Edwarde Dimmocke denieth all vpon his oathe. the wytnesses proue that th'other defendauntes did saye that they did it by y^ Commaunde- jj^te Qj, procuremente of S"" Edwarde Dimmocks, or else they thinks they dursts not haue bene so bolde : ' For the practise, one Dethicks, one of the Defen- dauntes, was sentenced for y" author of it & y^ agente in it, & he & th'othsr dsfendauntes wers fynsd 40"-, soms 50''', soms 60"', & imprisonm*'' : but S'' Edwarde Dimmocke it seemethe was acquyted by most voyces, albeit Condempned by some.' 1607 June 10 5n Camera ^ellata, coram Consilio ibidem, Mer- curij, 10 Junij, 1607.' Death of Sir Jol)n Pop- ham, Lord Chief Jus- tice of the King's Bench While ths Courts was sitting, ' Newss was broughte that S'' John Popham,* the Lo. Cheifs Justice of Englaunds, ' Nine Councillors and Judges were present. ^ See a cross bill between the same parties, ante, p. 233. ' Eight Councillors and Judges were present. ' Sir John Popham was born about 1531 ; educated at Baliol Coll., Ox- ford ; called to the Bar at the Middle Temple ; Autumn Header, 1668 ; Serjeant at Law, 1578 ; Solicitor- gen., 1579 ; Attorney-gen. and Trea- surer of his Inn, 1581 ; Speaker of the House of Commons, 1581 ; Lord Chief Justice of the King's Bench, 1592 ; he died June 10, 1607 (aged 76), as stated in the text, and was buried at Wellington, co. Somerset, where he had built himself a house, and where he founded a hospital for the maintenance of 12 poor men and women and the educatien i two poor children. See Foss's Jud- ges, Chalmers' Biog. Diet., Collin- son's Hist, of Somerset, ii. 488 ; etc. Eiotous entry, etc. m Camera ^tellata 323 was deade, some sayde of an vlcer in his bladder, others that he had taken pilles & the phisique neuer wroughte vpon liim, others that he dyed of greife for sharpe wordes from the kinge's Ma"^ ; but liowsoeuer, he was a moste worthye man, & the state & Common wealthe receaued the greateste losse of him that euer felle since Queene BKza- bethe's deathe ; he was a Father of the Common wealthe, a maine piller of the gospelle and true religion, a seuere & an vprighte Justicer, & the onelye supporter of the Common lawes of Englaunde ; an infinite losse the lawe & professors thereof haue of him, the gouernemente & gouernors will haue a greate misse of him, the lewder & looser sorte of people will reioyce, the godlye and vertuous doe lamente and mourne, & not w*oute iuste Cause.' ' Cause of hearinge by wydowe, pi., and Longe & others, fP-J°^^]j,.^ defendauntes, for a ryotous entrye into a howse, & lockinge °^^* vp the pi., a wydowe of 80 yeares of age, & keepinge her lockte vp for 3 weekes, destroyinge her goodes, & eatinge her prouision, a very barbarous & Cruell matter : & for w"*" offence the principall defendaunte was Fyned lOO"', the sentence reste 20"' a peece, beinge seruauntes, & ymprisonmente of Course, & the pi. had 50"' for her dammages, & was restored to her possessyon : but vpon this difference by the Lo. Chauncellor, for that he woulde not haue it Conceaued that this [Court] medlethe w"* takinge or gyuinge possession by Iniunction or otherwyse, but yf vpon hearinge & sentence it appearethe a possessyon was gayned or taken by force, forgerye or Fraude, or the lyke, then by sentence this Cowrte will settle the pi. or defendaunte for the possessyon, as he was at the time of the forgerye, Fraude or Force.' ' Another Cause of hearinge betweene wydowe Eape & bapk ,' plaintiffs, & Girlin & others, defendauntes, Gmux and others for a ryote, lykewyse in seruinge of proces & arrestmge a — - womUn : the baillyes of the jibertye of Blythinge ^ in Suffolke laye all nighte at Girlin's howse, & the nexte ' Blank in MS. ^ Blything is one of the Hundreds of Suffolk. V 3 324 teei EfpoitfS "ad CasesJ 1607 morninge, an howre before daye, w* swordes & staues & June 10 1- 1 , u lightes, wente, w* some of Girlin's seruauntes w*** them, to the wydowe's howse, whoe kepte very secrete & hydde herselfe, & beinge let in at the iirste doore by a mayde seruaunte of the howse, Came to the doore of the roome ■where the pi. laye, & entreated her to open the Doore, for they were to arreste her vpon an execucion as one sayde ; & she refusings, they broke open the Doore & wyshte her [p. 307] to make her readye to goe w"^ them, & so tooke her & Caryed her to pryson, where shee laye 30 weekes. ' But by the defendauntes shewinge, the truthe of the Case appeares to be that Girlin, the defendaunte, (by whose procurem** all this ys intended to be done), was bounde w*'' the wydowe Rape, & for her dette payde 60"" vpon an execucyon vpon that bonde, & the wydowe hydinge her selfe, & refusinge to discharge him, he sued oute a latitat oute of the kinge's benche, & had a warraunte from the highe sherife to a knowne baillye, whoe wente earlye in the morninge accompanyed w**" twooe other his inferior bayllies, & one seruaunte of the Defendauntes, & beinge let in at the firste doore by a mayde seruaunte, they wente to the doore of the Chamber where the pi. laye, & desyred her to open the Doore for they had a warraunte to arreste her at suche a man's suite, naminge Girlin, but shee refused. And therevpon they peaceably & w^oute any other force or terror thruste open the Doore, & beinge entred into the Chamber, they wyshed her to make her readye, & eyther procure them suf&ciente baylle, or else she must goe to pryson, w* she refusinge to doe, they Carryed her to the defendaunte's Girlin's howse, & from thence to the prison. Riot or not ? ' And whether vpon all this matter the Defendauntes showlde be Condemned or no, the Cowrte muche doubted, & in sentence was dyuyded, & by the greateste number (w* I ' take to be the sentence of the Cowrte) they were acquyted, & dismissed to the Common lawe to trye it there. [p. 308] ' The Lo. Cheife Baron, the Lo. Ch. Justice, the Lo. Sentence Zoucho, the bishop of London & the Lo. of Northampton ' John Hawarde. in Camera ^tfllata 325 did acquyte them, but the Lo. Chauncellor, the Archebishop & Secretarye Herberte did Condemne them, & fine them 20"- & 30"- a peace. ' And by occasyon of the sentence, the Lo. Ch. Justice Lord chief delyuered good & necessary matter of learninge for seruinge the serving & executinge of proces, whether the sheriffe or bayUfe mighte breake & enter a howse, or no, to serue proces. One booke saythe he maye, another saythe he maye not, so it seemethe vexata questio & that the bookes showlde differ : but of late vpon resolution it is adiudged & pub- lished in Lo. Coke's reportes p. [V], fol. [91], Seman's seman's Case,' that where the kinge is partie either in originall or iudiciall proces, he maye breake & enter a howse, & so in a Capias vtlagatum, for there the kinge hath an intereste : but in an originall or Latitat where the subiecte ys onelye partie, there he Can not enter & breake the howse, for it is euerye man's Castle ; but, yf the doore be shutte or lachte, he maye lifte the lache & open it & goe in, but not vnlocke or vnbolte it ; but yf he doe breake open the doore, as in this case, the arreste notw*''standinge ys law- full, but the partie shall haue an action of trespass for breakinge the doore, but th'arreste ys lawfull notw*stand- inge : & so the bookes vpon this difference doe not contrarye one th'other as hathe bene conceaued, for this iudgemente & difference reconcylethe them, quod nota. And touchinge th'arreste by nighte, he helde it no offence by lawe, for Arrest otherwyse Fewe dettes woulde be payde; but a man can not Sia'St^ distreine for a rente seruice by nighte, & the reason ys for dLralnt that the lawe intendethe that the tenaunte woulde paye it yf it were by daye, or repleue [replevy] the distres. ' But the Lo. Chauncellor seemed to dislyke muche [p. aos] theise arrestes by nighte, & helde opinion there was no Ji^roi^^""' aucthoritie to proue them, for where the bookes are that a man maye distreigne in the nighte for dammage fesante, the reason ys because otherwyse the Cattelle maye destroye the Corne or pasture before the morninge, & when they are in the pounde they are in gremio legls. Theise new writtes, ' Semayue's case ; Peter Semayne v. Bichard Gresham, Mich. 2 Jao. I. arrests at night ]2Q iLes 3^ei)orU£i titl Cages! 1607 June 10 theise latitats, of late muche in vse, but in auntiente time neuer knowne nor hearde of, haue done muche hurte and tie good ; but the originall wrytte is the true, auntiente & beste course, & safeste for euerye man to vse : but yet he experyence in London approouethe that it were very daungerous & miseheiuous to haue noe wryttes or proces serued in y'^ nighte, for then woulde Fewe dettes be payde & manye deceites vsed.' The Lord Chancellor's charge to the Jndges and Justices of the Peace p. 310] ' The Lorde Chauncellor, the daye after th'endinge of this terme, in his speache delyuered to the Judges & Jus- ices of peace,' did shewe how the kinge had an incessante Care for the good of his people & quyetnes of the Cuntrye : & that he hathe gyuen Commaundmente that all persons showlde departe into there Cuntryes,^ not for there idle pleasures, but to haue speeiall care to the peace of the Cuntrye at this time : for the same is disturbed either by popishe or sectaries : theise vsurpacions & anarchies are daungerous ; & the magistrates must haue Care that the people be not idle nor stirre vp discontente by prophecyes or pamphelets, & there be order in ecclesiasticall gouernors, & that there be not a pope in euerye parishe : it is the parte of a J. of peace to foresee & prouide againste theise thinges, & not to vse the laste parte, w* ys the worste and the hangman's parte, punishemente, but to w*stande the beginninges : as now in theise late depopulations, a greate & wicked offence, a faulte in J. de peace & Sheriffes, that showlde haue preuented & foreseene theise thinges. You must therefore looke carefullye to all seminaries & there Followers, & to there Conuenticles, to all vagrauntes stronge to labor, yet idle & like gentlemen in apparrelle & diete, yet w*''out meanes, lybellers & deuysers of plottes. ' Iniquum est iusticiam inire -per graclus. ' This nescientia, grosse ignoraunce, in some was a greate faulte. erudinrini indices tcrrae. ' 17 E[ichard] 2, cap. 8, Eiot. ' Compare this with the other charges, ante, pp. 19, 56, 101, 100, 159, 161, 186, 263, 299, mdpost. '' Counties. in Camera iSttellata 327 ' 13 H[enry] 4, cap. 7. ' Looke to the Justices of peace that are turbulent or neglecte there dutyes : for you that are Judges of Assise, the kinge hathe made Choyse of you for men of learninge & integritie, & hathe made you the visitors of his kinge- dome principallye & speciallye for the preseruation of the peace of the lande. & to punishe depopulators w**" all seueritie : to looke CarefuUye to sherifes and yndersheriffes & there officers, whoe buye & selle the people, & retorne base & simple iurors : & yo"" Constables for the moste parte are the simpleste & meaneste of the people, a greate Faulte.' hi Camera ^ttllata, coram Consilio ibidem, Mer- leo? Oct. 14 curij, 14 Octobr. 1607, adonque presente, Ellsmere, Lo. Chauncellor ; Dorsette, Lo. Tresorer ; Northampton ; euesque de Londres, Eains ; Lo. Zouche ; Flemminge, Ch. Justice ' ; Coke, Ch. Justice del Common place ; S"" Julius Cesar, Chauncellor del exchequer, le primer temps que il seie en ceo Courte.^ Cause of hearing between Baron Snegge,^ plaintiff, Sherston,'' Mayor of Bath and Justice of the Peace, and others, defendants, in the matter of a riot. Sherston, being a lessee for years, and having paid his rent for fifteen years to Baron Snegge, at the end of his term, when the Baron was in the King's service on the Northern Circuit, Shekston and others ' Sir John Popham, Chief Justice of the King's Bench, died on June 10th, 1607; Sir Thomas Fleming, Chief Baron of the Exchequer, was appointed Chief Justice on June 25th following. 2 See^osi!, p. 336, u. 3. " Sir George Snigge was born at Bristol dr. 1545 ; admitted to the Middle Temple, 1567 ; called to the Bar, 157-5 ; Treasurer, 1602 ; Eecor- der of Bristol, 1592 to 1604; ap- pointed Baron of the Exchequer, 14 Oct. 1604 ; ob. 11 Nov. 1617 ; buried in S. Stephen's church, Bris- tol. See Evans, Hist, of Bristol, ii. 181 ; Barrett, Hist, and Ant. of Bristol, 514. * William Sherstone was the first Mayor of Bath under the Charter granted by Queen Elizabeth in 1590. The rent mentioned in the text was in respect of Berton farm in the parish of Waldcot, which had been purchased by Sir George Snigge from Edmund Colthurste. The citizens claimed certain rights of common in this property, which led to a further dispute with William Snigge after the Baron's death. The matter was eventually settled by arbitration in 1619. SeeWai-nei'sHist.of Bath,186. 328 ilfsi iRfportfS tfl €n^t& 1607 kept possession by force, and he had in the house a ' drumme, caliuer, erossbowe, powder & shotte, 2 holberds, 6 prongs & diuerse staues,' but he did nothing but keep possession for five months. And he practised, by the advice of Chambers, another defendant, to ' stirre auncient title.' Sentence And for these offences he was fined £100 and Chambers [p. 311] £200, for plus peccat autor [sic] qua77i actor. The other defendants, being servants of Sherston's, were fined £20 apiece, the Master to pay this by the course of the Court. And imprisonment [for them all] as of course. 1607 Oct. 16 in Camera ^tellata, coram ConsiUo ibidem. Vene- ris, 16 Octobr. 1607.' proclama- tion SOL..GKN. Sir Francis Bacon, now the King's Solicitor,^ informed LoT-riiE and Ore tenus against one Louche, ' a kooke, & Eoberte Hollande, ■^ a scryuener at temple barre,' on their confession, for Bmlrling , contrary to Brectmg new buildings contrary to two several proclama- tions and in contempt of them ; the one 22 Elizabeth, the other 4 James, and another published this day. (Coke, Chief Justice : Vbi non est lex ibi nan est transgressio.) 'theise buyldinges are againste the common lawe & the kinge's prerogatiue. Quaere the proclamation before in this book, where the particular mischiefs are set down.' ' ' We had neede of a lawe againste Inmates in London & outmates in the Cuntrye ; for depopulations haue destroyed & decayed all other good townes, & seruauntes for hus- bandrye are not now to be gotten. ' In buyldinge 3 thinges considerable, 1. necessitas, 2. saliihritas, 3, ornatus. ' Freque7is et generalis contemptus est rebellionis pro- droinus. In C punishemente therefore wee must not looke backewarde. Lameche's punishem*® was tenne times to Cain's. Interest reipuhlicae ne quis re sua male vtatur; & as it is the kinge's prerogatiue, so it is the auntient lawe ' Eight Councillors and Judges ' This seems to refer to the ease were present. of Savage and others, ante, p. 318 ; - He was appointed Solicitor- in the MS. there is a blank page left, General June ii5th, 1G07. apparently for the Proclamation. Sentence in Camera ^Ullata 329 that no noble man or subiecte whatsoeuer maye buylde any forte or ho wee w* battlem*^" : 5 E. 2 ; Britton & Brac- ton ; quaere. ' Nihil est illicitum quod est necessarium. Necessitas lex tem.poris ; but the Lo. Chauncellor said he had learned a rule that the prerogatiue meddles not w* meu7n et tuum ; the kinge Can not take my lande or goods & giue it to another, but where the Common state or wealthe of the people or kingedome require it, the kinge's proclamacion bindes as a lawe, & neede not staye a parliam"* ; & as a father saythe, when lawes are in making euery man may speake, but being made iudicandum est secundum leges. 'Louche was fined 200"'/ imprisonm*% & his howse to iv-^w be plucked downe, & for contemptuous wordes againste a J. of p., S'' John Granger, he was to be bounde to his good behauioure. ' Hollande, in respecte of his milde & modeste caryage, w* was much Commended by the Courte, he was fyned 100"-, imprisoum*", & the forefronte of his howse to be newe buylte w* bricke before whitsontide nexte, or else to be plucked downe.' Sir Henry Mountague,^ Recorder of London, and now the King's Counsel at large, the place that Sir Francis Bacon had, informed, that these Causes being infinite, this Court two years ago appointed a Commission, and by it they found three hundred faulty in this, and in four large houses they found now 8,000 inhabitants, & the last great plague 800 out of one of them died of the pest ; and if it be not reformed the people cannot have food, nor can they be governed. ' See Appendix VII. King's Beneli, 1616 ; Lord Treasurer, ' Third son of Edward, eldest son 1620, when he was created Baron of Sir Edward Montagu, Chief Jus- Montagu of Kimbolton and Viscount tice of the King's Bench and Com- Mandevil ; Lord President of the mon Pleas in the reigns of Hen- Council, 1621 ; created Earl of Man- ry VIII. and Edward VI. Elected Chester, 1626 ; Lord Privv Seal, Eecorder of London, 1603 ; M.P. 1628 ; ob. 7 Nov. 1642. See Eoss's for the City of London, 1604 ; King's Judges ; Comj)lete Peerage by Serjeant, 1611 ; Chief Justice of the G.E.C. 330 ?Cesi Meportesi M Cages 1607 Oct. 16 (Ire fetius on oont'es- sion ou]y Cooke [Coke] said that on ore tenus they ought only to proceed on confession, and nut otherwise, notwithstanding it appear plainly to be true. This last vacation John Kennols, Utter Barrister of the Inner Temple,' Johnson, a Bencher of the Middle Temple, Atkinson of Lincoln's Inne,^ and Ellis of Graie's Inne,^ died. 1607 Oct. 21 h\ Camera ^tellata, coram Consillo ibidem, Mer- curij, 21° Octobr. 1607.* Standishe V. WOOLNER Biot [p. 313] ' Woolner, knighte, a Justice of peace, defend'% & Stan- dishe,' plaintiff, for a riot. Standishe had a lease for yeares from the late Queene, & Woolner gotte a leasse in reuersion, bothe w*** a Clause of re-entrie for non paiemente of rente, Standishe makes defalte of j)aiem"', & Woolner not knowinge thereof, he makes no tender neyther ; so bothe leasses were forfeited : & Standishe he takes a newe leasse in possession, & wooiner, supposinge that Standishes first lease was in beinge, & that vpon the determinacion thereof his leasse in reuercion showlde Commence, sendes at seuerall times seuerall persons, & but 2 at any one time together, to enter & take the possession, & to dryue off Standishe's Cattelle ; & woolner's men wente & draue of the Cattelle, & beinge put in agayne by Standishe, they resyste them, beate & wounde them, & kille some of the Cattelle. & for this woolner was fyned 1000"', his men, some 30"', some 40'^" a peece, imprisonm*'', woolner to be thruste oute of the Commission, & he & all his people to be bounde to there good behauyoure.' ' Jolin Reynolds of Chesterford, CO. Essex ; admitted, Nov. 1586 ; called to the Bar, 1695. ^ No one of this name appears in the books of the Inn for this period ; there were several ' Atkins.' ' There were several EUises of Gray's Inn at this time. ' Eight Councillors and Judges were present. ^ The Standishes are a well-known Lancashire family, whose principal seat is at Duxbury. In the absence of any Christian name it seems im- possible to identify the plaintiff in this case. I cannot identify the de- fendant either. in Camera ^tellata 33] $11 Camera ^tellata, coram Consilio ibidem, Vene- isoj ris, 23 Octobr. 1607.' Oct. 23 ' S'" John Stafforde,^ relator versus Parmeter, an Atturnie Stafford of the Common place, for mainteynaunce & buyinge of a farmetek bonde ; but the Defendaunte was acquyted by the Cowrte, Maintenance yet blamed for that he woulde intermeddle in sollicitinge -^"iii"^! or foUowinge any Cause in any Cowrte but where he ys an attornie, for no man Can be a senerall sollicitor, & the Neman can *^ ' be a general lawe takes knowledge of none to intermeddle w* lawe souoitor busynesses but homo consiliariiis et in lege peritus, et Attor- natus sine procurator ; & they must doe it for there Fees ; neyther can they disburse monie for Pees or Copies, but in there owne Cawses : & therefore that Atturnie sayd well, w* was olde Crowe, when his Clyentes woulde haue him paye Fees & disburse monie for them, "I doe not loue," cp- 3i4] quothe he, " that any man showlde goe to lawe w* my monie." Which was Commended for a good & an honeste aunsweare, & the man ys yet lyuinge, & hathe 500"- lande by the yeare. Yet yf .a man wryte vnto an attornie to instructe or reteyne counselle, or take out proces for him, it is so Common & necessary for the poore of y^ Cuntrye that, albeit yt be an offence againste the lawe, yet this Cowrte will not sentence yt : ' For a man to buye a dette or a bonde, it is aeainste a Buying . ■' . debts or rule m lawe, that noe man Can graunte a thmge in action, bo"ds excepte it be for the satisfaction of a trewe dette, bona fide, sine fraude et dolo, as it is 24 11. 6, 5 H. 7, 5 E. 4, & so did this defend'^ ; but he was blamed allso for Compoundinge a Cause w^'^out lycense of the Cowrte, for no man oughte to doe it. ' S"" John Stafforde was greatelye blamed by the Cowrte sir joim *= ■' •' Staflord that beinge so worthye a gentleman, so honorably e discended, wamed tor & otherwyse so well deseruinge in himselfe, that he woulde an informer stoope to so base an office as to be an ynformer, whoe ' Nine Councillors and Judges and the Earl of Essex at Calais, were present. 1596. Metcalfe, A Book of Knights, Knighted by he Lord Admiral 137. 332 %t& meporUS titl Cases 1607 Oct. 23 Not main- teuance to inform iu the Star Chamber [p. 316] Outlaw cannot b' wituess albeit they be necessarye in euerye well gouerned state, yet for the moste parte they are of the meaner & worste kinde of people ; but for feare of danger & discourage to others to doe the lyke, they spared to fyne him pro falso daviorc, & the Lo. Chauncellor he sayd he would be sparinge in his bille of Costes : for it is not mayntenaunce for any man to ynforme in this Cowrte or in an indite- mente, for all is for the kings, & 1 E. 2, cap. 4, & 4 H. 4,' doe not extende to this kinde of Eelators ; but the Cowrte founde greateste faulte for that, vnder CoUor of relation, he vsed the parties greened for wytnesses, whose testimonie was disallowed by the Cowrte, & ordered now that none showlde vse it hereafter : & that a man vtlawed Can not be a wytnesse nor receaued to wage his lawe. It was allso muche mislyked by the Cowrte that Commissioners vse to take depositions affirmatiue aut negatiue, a greate trouble to the Cowrte & not to be receaued, neyther any discreete Commissioner to vse it or admitte of them,' EoGims ' Another Cawse of hearinge betwene Eogers & Machin, MAciiiN for 5^*- fine for a Copieholde, was dismissed as vnworthie of the Cowrte.' 1607 ^ 5n Camfra ^tellata, coram Consilio ibidem, Mer- Oct. 28 ^ curij, 28 Octobr. 1607.' Badcock and others Coke quotes Plutarch ' Cause of hearinge, Gosse, plaintiff, Badcocke, defend'^, for a riot in entringe to a howse forciblye & keepinge the possession ; but the ryote was suche that they thoughte it vnfytte to trouble the Cowrte therew*'' ; yet beinge now posseste w* the same, they sentenced yt, & fyned the defend'" 60"' & his 2 seruauntes lO"- a peece, & imprisonm'^ of course. The Lo. Kooke sayde he remembred a prettie storie in Plutarche : an ill painter had painted a Cocke, & ' 1 Eic. II., cap. 4. ' The several Penalties of several Persons that do maintain Quarrels.' I cannot iden- tify the statute of 4 Hen. IV., if indeed the reference is to a statute. 2 Eight Councillors and Judges were present. m Camera ^tellata 333 one asked wliat yt was, & he sayde, " a Cocke ; " then quothe he, " yt is a very Bad cocke, you are beste wryte ouer his heade ' this ys a Cooke,' or else they will saye it is a goose." The Lo. Northampton [said] that the pro- Loraworth- pertie of a good Cocke ys to be vocalis to Calle men to j*« there woorke, viz. to there lawful! vocation, but heere was a Badcocke indeede that Called them to this vnlawfuU woorke.' ' Another Cause of hearinge, Eusse, plaintiff, and Et^ssB Fraunklin, defend*^, for Forgerye of a deede of Feoffem*^ ; fban-klw but yt was proued by 5 wytnesses that the partye did sealle I'orgery & delyuer the Deede, & that the same was reade vnto him, te- sis] so yt Coulde be noe Forgerye, albeit the Clerke had in- serted other matter in the Deede then the partye gaue him instructions for, he seallinge & delyueringe the same as his Deede. & so he was acquyted & dysmissed.' Acquittal $n Camera ^tellata, coram Consilio ibidem, Vene- ipoj ris, 30 Octobr. 1607.' Oct. 30 ' Cause of hearinge betwene Eowlie, plaintiff, & Penkethe, bowlie defend'", for matter of Eiote vpon the sabaothe daye in the ^™™''"'' time of diuine seruice, comminge w* a Carte w**" vittaile ^'°' & other prouision, w* men & women, & entringe into a barne, & holdinge possession againste Irelande, a Justice of peace, but the proces was not dulye serued vpon the principal! defendaunte, but vpon one of the Defendauntes onely, w* albeit it be sufficiente for an apparaunce or to make aunsweare, yet ai audiendum iudicium it is not suffi- ciente ; & therefore althoughe they were guyltie yet the Courte woulde not sentence them : & the Lo. Ch. Justice Coke sayde that albeit the Common lawe did not punishe the breache of the Sabbaothe daye, yet for his parte he woulde binde them to there good behauyoure that vsed prophanation of that Daye, & he had good warraunte so to doe.' ' Seven Councillors and Judges were present. 334 iCes! ^^eporttsi Uel Casts 1607 Oct. 30 Jaokson and others Stepney V. ■WAItREN Misdemea- nours ' Another Cause of hearinge enter Moore, widow, plaintiff, & Jackson & others, defend**', but no affidauit was made that any proces was serued, & the Defend'"' did not appeare : & so it was dysmissed.' ' Another Cause of hearinge, Steptney, plaintiff, againste Warren, defend'% a Justice of peace in Breaknokshire, for many vilde misdemeanors : & referred to the nexte daye to be sentenced.' [p. 317] 1607 Nov. 4 Stepxey V. Wajiren Misdemea- nour 5n Camera ^ttllata, coram Consilio ibidem, Mer- curij, 4° Nouembr. 1607.' ' The same Cause of hearinge betwene Stepnie, plaintiff, againste Warren, defend'", a Justice of peace in wales, who had Committed many vilde, lewde & odious misdemeanors, & hauing no Counselle nor any matter of excuse or defence, pleaded in generall wordes the generall pardon, w"'' by th'opinion of the Judges was nothinge, for that he oughte to haue pleaded it speciallye, w"^ all the exceptions : his offences were either suche as Concerned his priuate person, as multiplicitie of causeles suites againste dyuerse in moste Cowrtes, stirred oute of malice, & causeles, for vexatyon & reuenge, & to raise & drawe matter of benefytte to him- selfe, keepinge twooe of his owne seruauntes to be Common ynformers, & takinge very baselye of some 10' & 20* for composition ; or his publike offices that he bare, either as a Justice of peace takinge a Cople of oxen & other bribes, Countenauncinge offenders, baillinge & suffringe to escape Felons, persons suspected of murder, & suche lyke offenders, goinge to the goale, takinge of irons from malefactors & others in vpon executions for dettes, gettinge possession of Cattelle by collor of a repleuin, (a thinge heretofore vsed & by th'opinion of the Lo. Coke adiudged felonie, & they dyed for it), rescuinge himself e being arrested vpon a Gapias, &c. : or, as he was a Commissioner for the subsidie, admittinge of some Cessors that payde nothinge, takinge monie of ' Eleven Councillors and Judges were present. m Camera ^tcllata 335 others to discharge them ; or, as he was tresorer for the poore, hauinge Collected & gotten into his handea 46"', & disbursed noe parte of it for the vse of the poore : or, [as] he was an eschetor, thereby defraudinge the kinge of his rightes. For any one of theise offences seuerallye by it cp-sis] selfe the Cowrte was of clere opinion that it was worthye of sharpe & seuere punishemente, & in iudgem*^ or punish- mente the person of any man ys not to be respected, but th'offence, -pe^ia delicto non deliyiquenti ; & the punishm'^ or offence of one Justice of the peace ys no disgrace to all the reste that are vertuous, honeste, painefull, & an honorable & necessarye callinge or office, w*out whome the fabrike of the gouernemente Can not Contynewe : but th'offence is the greateste when Justice is made th'instrumente, Collor, shadowe, or stalkinge horse to offende, forgettfull of his othe as a J. of peace, of his othe as a leige man taken at 12 yeares of age, a necessary law & fitte to be still obserued ; yf theise periuries had bene pertycularlye Com- pleyned of, the Cowrte woulde haue sentenced him in that kinde. He made a supersedeas for felonie, a thinge neuer hearde of before : For his offence as a Commissioner of the subsidie, it was verye greate, & albeit he be not ymme- diatlye sworne, yet by his oathe as a Justice of peace he is sworne to execute the same trulye, & all men haiie assented to the same in parliam'^, & it is the kinge's dette euen as tythes are due to y'' Churche, so let the kinge at the leaste haue the tenthe, for it is a miserable thinge that the state & kingedome showlde be so riche & the kinge's treasurie so poore. Sythence the Queene's deceasse many necessarye & needefull Charges haue bene imposed vpon the kinge, suche as the lyke were neuer hearde of in this kingedome, as the Queene's buriall, in w'^'^ the kinge Com- maunded very honorablye that noe Coste showlde be spared for her whose memorye will be euer blessed & honorable, yet she wanted one greate blessinge, w* to o'' exceedinge greate Comforte we are now more happie, the yssues of his [p. 319] Ma"^ : his Comminge in the Queene's, the prince & all the posteritie [sicl. The Lo. Treasorer, as proper to his place. 336 1607 Nov. 4 Sentence lies! Eeporteg bel Caged spake very muche to this purpose : & the Lo. Coke helde it a greate offence, the defraudingeof thepoore,agood& a Charit- able lawe, & panis pauperum vita pauperum, qui defraudat eos vir sanguinis est : & by all it was Conceaued a masse of offences ; for all w* he was Fyned 2000 markes, ympri- sonm*'= of course, to weare papers aboute Westminster halle, at the Assises & at the Commission for the subsidye, to be bounde to his good behauyoure, to be disabled from bearinge any ministeriall or iudiciall office, to repaye the 46"' to the vse of the poore, & 5"- a peece to all those that he hathe wrongefullye sued, & good Costes : & there was one other defend'^ againste whome they did not proceede, he was dis- missed w* Costes.' 1607 Nov. 6 $n Camera ;^tellata, coram Consilio ibidem, Vene- ris, 6 Nouembr. 1607.' Earlne V. Watkixs Acquittal Plaintiff fined DuDGEOX BtntrNGToN and others Riot Sentence [p. 320] 'Earlne, plaintiff, Watkins, defendant ; mes S"' Nicholas Hide ^ was the man that Followed it againste one Chase for a bargaine of his timber ; after 2 trialls & the bargaine proued, he sued the wytnesses & some of y^ Jurye heere for periurye, a very tryflinge Cause ; & the defend** was dis- missed w* Costes, & the pi. fyned 40"., & 20"' dammages to the defend"^.' ' Another Cause of hearinge, Dudgeon, pL, & Burington & others, defend*'^'', for matter of riote in beatinge, wound- inge & mayminge the pi., in the Churcheyarde in Here- fordeshire : three of the defend'^' were fyned 200"' a peece, commytted, & before there delyueraunce to be bounde w"" good suerties to there good behauyoure, & the pi. to haue good Costes, & 60"- dammages in regarde of his woundes & innocente blonde that he shedde. ' But Secretarie Herberts and S'' Julius Cesar ' gaue ' Eleven Councillors and Judges were present. '' Probably Sir Nicholas Hide of Albury, oo. Herts, Sheriff 17 James I. ; created a Baronet 8 Nov. 1021. Burke, Extinct Baronetage. ' Sir Julius Cttisar was the 3rd son of Cffisar Adelmare, physician to Queens Mary and Elizabeth. At this time he was Master of the Court of Requests. He was afterwards appointed Master of the Eolls. Died 1636. Foss, Jtidges. m Canifra ^tellata 337 there sentence accordinge to y" statute of 5 E[dward] 6, f^l^^^^l^ cap 4,' which is, if any one shall by words quarrel or brawl ''"''^'' in a church or churchyard and the offence is proved by two cap. 4 ' witnesses, the offender, if a layman, shall be suspended by the Ordinary ab ingressu ecclesiae, and if a clerk, from his office. If any one smite or lay violent hands on another in church or churchyard, ipso facto he shall be deemed excommuni- cate. If any strike another with a weapon, or draw a weapon with intent to strike another, and be convicted of this by the verdict of 12, on his own confession, or by two lawful witnesses, before the Justices of Assize, the Justices of oyer et terminer, or the Justices of the Peace at their Sessions, he shall be sentenced by the Justices before whom he is so convicted to have one of his ears cut off, and if he have no ears, he shall be burned on the cheek with the letter ' F ' for ' fraymaker ' or ' fighter,' and he shall be ipso facto excommunicate. ' But the Judges differed from them as before, firste for that the bill was not framed vpon this statute nor any other speciall statute, but generallye, & allso this statute lymitethe pertycularlye the Judges of th'offenders againste that lawe. ' Yet the Lo. Chauneellor was of opinion that this Cowrte mighte giue that sentence, or any other Corporall punish em'"* but lyfe : yet the Lo. Coke sayd that maxima jiecuniaria pena maior est qnam minima corporalis. & in that respecte the sentence was the greater, for Churche- churchyards yardes are consecrated to pious vses, the places where the temples of the holye ghoste lye, the bodyes of the sayntes, men are to be in peace to doe there deuotion ; a growing euell, men gyuen to prophanenes, the nexte waye to Atheisme, whereas heretofore they were sanctuaryes & places of refuge ; & by the aunciente lawe noe preiste either goinge or comminge from the Churche Can be arrested in his person : & so they all wyshed that there mighte Care be had to punishe those that vsed either pro- phanation one the Sabaothe daye, or in Churche or churche- yarde, and that the people mighte resorte & Contynewe at y*^ Churche w"* deuotion all the time of diuine seruice.' 338 %,t& m^OYtt^ bel Cases! [p. 321] Jn Banfce le MOV, Jovis, 12 Novembr. Termino Nov. 12 Michaelis, 1607, Jacob. Eegis Britanniae 5°. HoLLiDAY A Jury was adjourned to this day between Sir Leonard kexricke Hollidaie, Mayor of London,' plaintiff, and Koberte Kenricke ^ Eiectment of Northamptonshire, defendante, in eiectione firme. The names of the Jurors : — W™ Gierke ; W" Lie ; Challenge of Thomas Leto ; — (He was challenged, because the plaintiff claims a lease for 2000 years in a Manor which the defen- dant had purchased from the Earl of Darby, and the said Juror is a tenant [?] of this manor for freehold and copy- hold. It was allowed as a good challenge.) Thomas Watts ; John Berrowe ; Thomas Judgate : Edwarde Ashbie ; Edwarde Arnoll ; Henrye Leake ; Thomas Muscotte ; Henrye Hiekeman ; Eoberte Gennowaye. Adjourned It was adjoumed to Easter Term for default of appear- ance of the Jurors. 1607 $n Curia OTarlJOnim, Jovis, 12 Novembr. 1607, Nov. 12 Jacob. 5°; adonque presente, S'' Pwoberte Cecill, M"' del Gardes, Principall Secretarie al roye, Vicounte Cranborne, Counte de Sarum, et del priuie Counselle ; Flemminge, Ch. Justice de Banco ; Coke, Ch. Justice de Banco Communi ; Tanfeilde, Ch. Baron ; Pepper, Attornie del Gardes ; S'' Eoger AVilbrom, Surueyor del Gardes, and M'' del Bequests et Chauncellor al Eoigne. The great cause between the executors of Lord Mount- ' Sir Leonard Halliday, Merchant ' Eobert Kendrick or Kenwrick Taylor ; knighted at Whitehall, July purchased the manor of King's 26, 1603 ; Lord Mayor, 1605. Son Sutton, co. Northampton, from of William H. of Bodborough, co. WilUam, 6th Earl of Derby in 159b. Gloue. See Bemembrancia, 495. He died 1 Mar. 1616-7, and was There is a pedigree of the Hallidays bur. at Sutton. See Baker's North- ot Bodborough in Burke's Com- amptonsMre, i. 694 ; Bridges, i, 178. inoners, ii. 131. m Camera ^tellata 339 ioye, Earl of Deuonshire ,' viz. : — Lord Danuers,^ ^ thb earl Eartne & Wakeman, executors, and Sir Henry Baker * and Sir sumE'a case Eichard Champernowne, claiming to be the heirs of the said Earl of Deuonshire, now dead without issue, and the ques- tion now was which of them is the heir to the Earl. A Jury was now returned to find the ofQce and the heir. Ser- jeant Forster, Hide, Thomas Crewe, Eichard Martin and Sir Henry Mountague, the Eecorder, were of Counsel with the executors; Serjeant Nicholls and Whitlocke with Sir Eichard Champernowne ; George Crooke and Eichardson with Sir Henry Baker. The Counsel for the executors moved that the first thing according to the writ is to inquire what lands descend, for if no lands descend, the heir shall not sue out livery, but by previous consent they may proceed, and also they may examine their witnesses. ' The pedeeree produced for S'' Eich*" Champernoua cp- 322] was that Charles, rsth] Lord Mountioye, was sonne to champer- . noun s case James, [6th] Lord Mountioye, who was sonne to Charles, [5th] Lord Mountioye, who was sonne to William, [4th] Lord Mountioye. Charles, the laste Lord Mountioye, Earle of Deuonshire, dyed w"'oute yssue, so there the dyrecte lyne ended ; & now theise challenge in the Col- laterall lyne. Constance was syster to W" [4th Baron], & ' Charles Blount, Sth and last " Sir Henry Danvers, 2nd son of Baron Mountjoy, succeeded his Sir John Danvers of Dantsey, co. brother, William, in 1594 ; he was Wilts, and of Danby, co. York, was elected a Knight of the Garter in created Baron Danvers of Dantsey, 1597 ; General of the Army in 21 July, 1603, and Earl of Danby, 5 Ireland and Viceroy (with the title Peb. 1625-6. His elder brother. Sir of ' Lord Deputy ') 1600 to 1603, Charles Danvers, was attainted for and as ' Lord Lieutenant ' from 1603, participation in Essex's rebellion in having during that period subjugated 1602. See Complete Peerage by the great Irish rebellion under the G. E. C. See also the case of Earl of Tyrone. He was, in reward, Danvers u. Long, ante, pp. 49, 61, created Earl of Devonshire, 21 July, and Appendix III.. 1603. He went through the cere- = Blank in MS. mony of marriage, 26 Deo. 1605, ' Sir Eichard Baker of Sising- with Penelope, Lady Eich [see ante, hurst, co. Kent, knight, mar. p. 172, and Appendix IV.], dau. of Catherine dau. and heir of John Walter Devereux, Earl of Essex; she Tirell, youngest sou of Sir Thomas had obtained an ecclesiastical di- Tirell, knight ; he was succeeded by vorce a viensa et thoro, 15 Nov. 1605, his eldest sou, John, whose eldest fromEobert,LordEich,herhusband. son was Henry Baker, the claimant The Earl died without legitimate in the text. See Burke's Extinct issue 3 April, 1606. Complete Peer- Baronetage, age, by G. E. C. 340 %,t5 3RfporU£i bel Caster 1607 daughter to John [3rcl Baron], & marryed to Thomas Terrelle, by whome shee had yssue John Terrell.' ' William [4th Baron Mountjoy] had 3 wyues, by whome he had yssue. The firste EKzabeth was maryed to the Marques of Exeter,^ who died w^oute yssue, & John Baker was her Collaterall heyre. The seconde was Alice Keble, the wydowe of Keble,^ an alderman of London, & the daughter of Browne, an alderman of London, by whome he had issue Charles, Lord Mountioye, & Katherine whoa was marryed to John Champernoune," by whome he had issue Henry Champernoune, who had yssue "Bicharde Cham- pernoune. ' This pedegree they prove by 5 wytnesses & by a booke. 1. Charles Browne, grandchilde to S'' W" Browne ; 2. Thomas Parrie ; 3. Lady Dorothy Parrie ; 4. Margaret Pagette ; 5. Michaell Blunte, knighte.'^ Sir Henry ' S'' Henrye Baker discended from Constance. Baker's case ' Dorothye was the 4* wyfe of Wylliam & by her he had a sonne & three daughters, by one of w"'' daughters ' Sir Thomas Tirell of Heron, co. Sir Thomas Tirrell, father of Essex, knight, mar. Constance Catherine Baker, Sir Henry's grand- Blount. Their eldest son. Sir mother, mar. Anne, dau. of Sir Thomas, mar. Anne, dau. of Sir William Browne. William Browne, Lord Mayor of Lord Mountjoy's fourth wife was London, and had a son John, whose Dorothy, dau. of Thomas Grey, onlydau., Catherine, mar. SirRiohard Marquess of Dorset, and relict of Baker. Burke's Extinct Baronetage. Eobert, Lord Willoughby de Broke. ' This is not correct. Lord By her he had issue, John ob. s. p. ; Mountjoy's first wife was Elizabeth, Dorothy mar. Roger Blewet; and dau. and co-heir of Sir William Mary mar. Sir Eobert Dennys. See Saye of Essendon, oo. Herts. She Complete Peerage by G. E. C. ; died in 1506, leaving two daughters Burke's Extinct Peerage. and co-heirs, Gertrude and Mary. ■" Eldest son of Sir Philip Cham- Gertrude mar. Henry Courtney, Earl pernowne of Modbury, co. Devon ; of Devon and Marquess of Exeter, Sir Richard Champernowne, the and had two sons, who both died claimant in this case, mar. EKza- s.p. Mary mar. Henry Bourchier, beth, dau. of Lord Chief Justice Earl of Essex, and had issue a dau. Popham, but oh. s.p. Burke's Coni- Anne, who ob. s, p. legit. moners, ii. 272. ' Alice Keble was the third wife ' Sir Michael Blount of Maple according to The Complete Peerage, Durham, co. Oxford. He was where she is called dau. of Henry descended from Sir Thomas, brother Keble, and widow of Sir William of Sir Walter, 1st Lord Mountjoy. Browne, Lord Mayor 1513. On the death of the Earl of Devon- The issue of this marriage is shire in 1606, he claimed the correctly stated. Catherine Cham- Barony of Mountjoy, but without pernowne mar. 2ndly, Sir Maurice success. Burke's Commoners, iii. Berkeley of Bruton. 163. (n Camera ^tfllata 341 S'' Hich'*^ Champernoun comes, sayde the Counselle of S"' Henrye Baker : & that they proue by a visitacion by Com- mission by the heraldes, & by th'accounte & estimation of th'erle of Deuonshire. ' But the daye beinge Bpente it was deferred to Satter- Adjourned daye PoUowinge, to be then hearde agayne. And then to the seconde satterdaye in the nexte hillarye terme.' ' Jit Camera ^tellata, coram Consiho ibidem, Vene- cp- 323] ris, 13°, et Mercm-ij, 18° Nouembr. [1607]. adonque n°J.i3,i8 presente, Lo. Chauncellor, archeuesque de Canterberye, Lo. Tresorer, Count Northampton, Count Exeter, euesque de Londres, Lo. Zouche, ambideux Cheife Justices, S'' John Herberte et 8'' Juhus Cesar. ' PemHe, a minister in Kente, vpon an ore tenus, his pemlie's owne Confessyon, for a hbelle againste Bishops & the — gouernemente of the Churche, set vp vpon a poaste of an In gate in a markette towne in Kente, was Fyned 2000"', sentence to stande vpon the pillorye at Westminster w'*" papers & there to lose one eare, & vpon the pillorye at Cheape- side & there to lose another eare, to be whipped at bothe places vnles he Confesse his faulte, & to be perpetuallye ymprysoned, but fyrste of all to be degraded from the ministrye before he receaue any Corporall punishemente ; ^ch jjg ^g^g ^jjg nexte thursedaye Followinge at Lambethe.' ^ in Camera ^tdlata, coram Consilio ibidem, Vene- leo? ris, 20 Nouembr. 1607.' ' Cause of hearinge betwene Warren, plaintiff, et Stept- warres ney, defend*', being highe sherilfe in wales, & for sellinge stepkey his hundredes or bailliwikes, & for holdinge his hundrede '^''"''■ ^ meanour as euerye twooe weekes contrarye to the lawe, for it oughte to ^'^'"'^ be kepte from three weekes to three weekes ; but of theise ' This case is not reported further ^ Eleven Councillors and Judges in the MS. See Appendix XXI. were present. '' See post, p. 343. 1607 Nov. 20 Adjoiirned 342 ilesi ^epoiUs! tit\ CasffsJ twooe the Judges woulde aduyse before they woulde delyuer there resolution, for it was a generall case & vsed by moste of the sheriffes of Englaunde ; & so the cause was referred to another daye.' ' [p. 324] Lewes V. Laky and others Taking bribes, and riot Lord Coke speaks in favour of the defendants Judges must not take fees except in some special cases Commis- sioners may take rewards for their trouble and travelling expenses, if not done corruptly Acquittal ' Another Cause of hearinge, Lewes, pi., & Lany ^ & Goldsmithe of Graie's Inne, 2 Counsellors at the lawe, Fisher, an attornie at the Lawe, & others, defendauntes, for that they beinge Commissioners vpon the statute of Bankrupts had corruptelye taken rewardes & caryed them- selues vndulye in th'executinge of the Commission : vpon there aunsweares yt appeared that they had trauayled & bestowed many dayes & tooke greate paines to execute the Commission, & after all was ended Lany had 5"', Goldsmithe 5"', & Fisher 12"', to beare there rydinge Charges, & for there paines : & before any proffe was reade, the Lo. Coke spake very muche in the Commendacion of Lany & Gold- smithe, & it were harde to nippe them thus in the budde ; he neuer hearde nor knewe but they were honeste men, hopefull & lykelye to proue good members to there Cuntryes ; & for generall Judges of the lande, they can take nothinge, eyther before or after, for they haue there Fee of the kinge ; yet in speciall cases some Fees are allowed them by the parties, as in a specyall assise, or in errors in london ; but Commissioners, put in truste & not sworne, yf they Contracte not or bargaine CorrujDtlye before hande for some greate rewarde or Fee, & so that be an occasyon to demeasne themselues partiallye or corruptelye or affection- atelye in execution of that truste, he was of opinion that by lawe they may well take rewarde for there trauelle & paines, & it was no offence ; (yet he was sorrye they had taken anythinge). But all the Cowrte was Cleare of opinion that yt was no offence, but iustifiable by the ' See a cross bill between the same parties, ante, p. 335. 2 John Lany, eld. son of John Lany, Lent Reader of Gray's Inn, was adm. there 1590-1 ; John L. the father was adm. 1567. The son is probably the one mentioned in the text, as Coke speaks of Lany and Goldsmith as though they were young men. There were several Goldsmiths of Gray's Inn about this time, and it is impossible to identify the one here referred to. ill Camera ^tellata 343 Common & ciuill lawe ; & the Lo. Chauncellor sayde he was sorrye they tooke no more, (for w"" a Lawyer Cessans lucrum damnum est), & yf Commissioners showlde not haue" rewarde for there trauell & Charges, no Commissions woulde be executed. So they were acquyted by the sentence of all the Cowrte, w* very greate Commendation, especiallye of Lanie, vpon knowledge of many of y" lordes. 'But some other defendauntes, for a riot in goinge w* iv- 326] gunnes & other weapons vpon the sabaothe daye in the ^'^'=^'"' time of deuine seruice (w* none can doe) to execute a warraunte of the Commissioners for the takinge the bodye of the Bankroupte, Lewes, for this riote they were Fyned, th'one a 100"-, th'other 100 markes, the thirde 100 nobles, sentence & imprisonm'* as of Course. The Lo. Chauncellor woulde haue yt entred in the order w"" some touche of delyueringe theise [Lany and Goldsmith] w* Credyte & note of greate Commendacion by so manye honorable personages, & that they showlde haue good Costes, & the pi. to acknowledge his Faulte vnto them.' 5n Cantf ra ^tf Ilata, coram Consllio ibidem, Vene- leo? ris, 27 Nouembr. 1607.' ^'°'-" ' This daye Pemlye (beinge degraded by the archebishop) p^mub's was aecordinge to the former sentence, 18 Nouembr., put to his punishemente, firste he had 25 ierkes,^ & then stoode in the pillorye, & had papers, & one of his eares Cutte cloase from his heade, & after that he had 25 ierkes more.' ^ ' This daye allso a Cause was bearde betwene Thomas edwabdes Edwardes, a phisitian of Exeter, pi., & Doctor Wootton, wootton and others a phisitian, Norris wyfe, an apothecarye, one other phisitian, & an apothecarye, defend"'^ Th'offence was a lybelle made by Doctor wootton, & by him & the reste pub- lished in the manner ensewinge. Edwardes & Doctor Wootton fallinge oute & vsinge bitter tearmes. Doctor ' Ten Councillors and Judges was that he was to be whipped, were present. Jerk, to beat ; Halliwell. ' Apparently lashes ; his sentence '■' See ante, p. 341. Libel 344 Efg aaeporte^ titl Cases 1607 Not. 27 [p. 328] Interroga- tories 4 yards long Libel or not [p. 327] wootton wrytes a letter & begins " M'' Docturdo & fartado," &c., more then 2 sides of paper full of vilde matter, ribaldrie & defamacyon, & enclosethe yt as a letter, & sub- scrybes it, & sendes yt to M'' Edwardes, & keepes a Copie thereof, & afterwards publyshethe the same, & delyuers Copies to dyuerse whoe lykewyse reade & publishe the same to dyuerse, & saye that Doctor Edwardes will forweare them & beare them out in yt, howsoeuer or whatsoeuer yt eoste him. This was greatelye to the defaming & dam- nifyinge of the pi., Edwardes, being broughte vp as an Apotheearie & allowed a phisitian by the College of Phisi- tions in london vpon examynation had, & otherwyse re- puted a very honeste & disereete man : The Defendaunte Doctor wooton pretended that the pi. himselfe had firste published this lybelle, but made no proffe of it, & had mynistred 80 Interrogatories, 4 yardes of parchemente by the measure of the Lo. Chaunoellor, againste the pi., thereby examyninge all the principall men of those Coun- tryes touchinge the honestye, Credite, reputation & Caryage of the pi. (a very daungerous presydente & not to be suffred, for the pi. Can haue no knowledge thereof before publication) ; yet they all did generally w"' one Con- sente aprooue the sufficiencye, honestye & good Course & Caryage of the sayd CompL, & no one wytnesse accused or touched him w* any blemishe in any kinde. ' The question was whether this was a lybelle or no, & resolued by the Judges & all the Courte that yt was a lybelle : for yf a man will wryte a pryuate letter defamatorye & not otherwyse publishe yt eyther before or after the wrytinge, he shall not haue an action of the case ; but forasmuche as the same dothe prouoke malice & breache of the peace & reuenge, yt shalbe punished in this Cowrte & nippe it dum seges in herba; for being a letter onelye kepte cloase yt gyuethe no cause of accion because he hathe no dammages. & this beinge an offence that dothe pro- uoke reuenge, bringe daunger to the state & common weale, et interest reipublicae, & therefore an offence in this Cowrte to be seuerelye punished. in Camera ^Ullata 345 ' Therefore the Lo. Coke bearanne a sharpe sentence, & '^"^^ sivea o X J sentence the greateste number agreed therevnto : the Defendaunte Doctor Wootton in regarde of his degree he woulde spare for corporall punishemente, but he fyned him 500"', & th'other three defendauntes 40"' a peece, & 200"' dam- mages to the pi., th'other three defendauntes to paye 10'"' a peece & the Doctor the reste : he had learned that there were duae partes medicinae, remouens et promouens ; so woulde he remoue his monie from him by his Fine, & he would promote him to, for this was crimen Use dignitatis, et lese maiestatis ; et dig7iitas personae auget culpavi ; & Mercurye was now exalted in the howse of Scorpion. & this libeller hathe a faulte that no other sinne hathe (for naturallye all other sinnes desyre to hide themselues & to be concealed), but the libeller seekes to reueale himselfe w*out penitencie. Here's Craft by a letter & palleated mallice : & by 10 H[enry] 7, Bagnall's case,^ Scott & others were hanged for lybellinge. This is a Common faulte, & it is vsuall : the publishinge of seditious bookes, w"*" is treason if any man doe receaue w"" assente any suche bookes, or y' dothe aduaunce the authoritie of Eome, or y'^ Ehomishe religion, it is a premunire. 11 Elizab. Dier.^ piccides con- tinent venenum, they be apotecaries' boxes fuU of poyson; & to be an apothecarye & then a phisition is no disparage- mente, but a meane to proue the better phisition, as an fe-sss] Atturnie or a Clerke maye afterwards proue the better Judge : so was Catiline ^ & Browne '' 2 attornies, & Dier ° a ' This ease is referred to post, ferred to. The former was Chief p. 372, where it is assigned to the Justice of tlie Common Pleas, 1658, year 5 Henry VII. I have not been but was afterwards reduced to a able to find it. puisne Judge in the same Court. '' This was a resolution of the Humphrey Browne was appointed a Judges made at Serjeants Inn, Fleet Judge of the Common Pleas in 1658. Street, 9 Feb., 11 Eliz., 1569. It is not recorded that either of these Dyer's Reports, 282 a. Judges had been an attorney. See ' Eobert Catlin ; Judge of the Diet, of Nat. Biog. and Foss, Judges. Common Pleas, 1558 ; Chief Justice ^ James Dyer, Judge of the Com- of the Queen's Bench, 1559 ; oh. mon Pleas, 1558 ; Chief Justice of 1574. See Foss, Judges, and Diet, of the same Court, 1659 ; the compiler Nat. Biog. It is not elsewhere stated of the Reports so often cited in this that Catlin had been an attorney. MS. Foss does not mention that ' It is doubtful whether Anthony he had been a prothonotary's clerk. or Humphrey Browne is here re- See also Diet, of Nat. Biog. 346 %t& mpovtts "Htl Casfes 1607 Not. 27 Wootton to sit in a public place ■with the in- terrogatories round his neck The Lord Chancellor on slanderers prenotarie's clerke. So maye a schoolemaister proue a good bishop, as one of the learnedste this daye in En- glaunde ys Bilson, bishop of Winchester.' It is a faults in annsweares, & it is noe good aduise, to aunsweare vpon oathe to any matter of forme or of lawful! or vnlawfull, & the Clyente ys endaungered in his oathe, for he oughte but to aunsweare matter of Facte. ' And the Doctor at a jDublike markette at the nexte generall Assises at Exeter showld be sette in some eminente place, & were a.boute his necke for a typpette the Powre yardes of Interrogatoryes, & Confesse his Faulte, & then the Interrogatories to be retorned to the Cowrte, & to be defaced & Cancelled ; the Doctor to be ymprysoned and bounde to his good behauyoure. ' By the Lo. Chauncellor yt did appeare that there was an auntyente lawe that the sclaunderer showlde be lette bloude in the tounge, & he y' woulde heare lybelles showlde be lette bloude in the eares. He vouchte Pickeringe's Case,^ vicar Bruerton's letter, & agreed in his sentence w**" the Lo. Coke.' 3 1607-8 Jan. 37 5n Camera ^tf llata, coram Consilio ibidem, Mer- curij, 27 Januarij, [1608].'' MOONE and others Cause of hearing between ' Eicharde Maynarde, plaintiff, and Thomas Moone, ^ Jarrette, & others, defend'^% for ryot : the pi. hauinge a Coppis woodd adioyninge to a waste, & in wh'='' Coppis woode the tenauntes vsed to haue Common, as they pretended, & the pi. vpon the fellinge thereof enclosinge the same w"^ postes & rayles, the sayde postes & rayles were plucked vp twice or thrice in the nighte time, & placed there agayne by the pi., & at the laste digged vp & burnte vp in the nighte time by the defend'^% ' Thomas Bilson, Bishop of Wor- cester, 1596, and Winchester, 1597. He was appointed Warden of Win- chester College in 1576 ; Anthony a Wood (Athenae) says that he is stated by some to have been a schoolmaster. See Did. of Nat. Biog ' See ante, p. 222. ' This case is reported very briefly in Coke's Reports, xii. 35. ■' Eight Councillors and Judges were present. ' Blank in MS. lit Camera ^tcllata 347 & by them a Coaleharthe sett one fire in the nighte, of the plaintiff's. ' The Judges especiaUye & all the reste of the Cowrte [p. 339] did muche lamente & Complaine of the waste & destruc- tion of woods, & it is the Common error of Englaunde that, where by the statute diuerse steddles or standers are Law as to to be lefte vpon euerye acre, those are vsuallye Felled at 16 or 18 yeares growthe, whereas by the lawe they oughte to Contynewe untill they were tymber, a greate mischeife in the Common wealthe, and necessarye to be looked ynto in time ; for this being an ylande, the strengthe thereof consystethe principallye in his woodden walles, & it is ympossible that Dwellinges & habitations showld Con- tynewe yf woods be not maynteyned : yt is allso as daun- gerous to geue waye to the popular sorte to take the sworde of Justice into there handes, they must not be there owne Judges ; & especiallye the offence ys greate to execute busynesses in the nighte, albeit thinges lawfull, & theise small begynninges woulde be nypped in the budde, w'^'', yf they were well looked into by the Justices of the peace, in time they woulde be stayed, or else they will grows in litle time to the popular rebellyons of Northamptonshire ; & the number of the Justices of the peace ys to greate, they Too many trust so muche one to another that they doe nothinge, they the Peace lurke in the towne all the winter, & goe downe to take the pleasure of the Cuntrye & to receaue presentes of there Freindes & neighbours : For preseruation of woodds there was vouched 13 H[enry] 3 & 8 E[dward] 8, that where parsons woulde fell the woods of there Churche, vnles yt were for reparacyons of there Churches, prohibicyons did lye at the Common lawe. ' The Defend'^ W" Moone & Thomas Jarrette were Con- sentence demned in the pryuate opinions of dyuerse of the lordes : but Thomas Moone was fyned 50"', to stande vpon the pillorye in the nexte markette, imprisonm"*, & bounde to his good behauyoure.' 548 I.es aatporttsi trel Case^ 1607-8 Jan. 27 Lord MoULEY COLTF, and others [p. 330] Uncertainty in the Bill BiU dis- ' The Lo. Morlye ' in another Cause was plaintiff & S*" Henry Colte ^ & his brother «fe twooe men were Defen- dauntes : the case was thus, that the Lo. Morlye w**" his twooe naen, rydinge in Hatfeilde Chase partlye for his pleasure & partlye to look to his game of Deere there, mette w* the defend'^ S'' Henry Colte, his brother, there 2 men & there syster, & a greyhounde w* them, they trauaylinge in the highe waye from there Father's howse in Suffolke to there Father's howse in Suffolke [sic] ' ; & the Lo. Morlye demaundinge of S' Henry Colte what he was, he, not then knowinge him to be the Lo. Morlye, made aunsweare for oughte he knewe he mighte be as good a man as he ; & after many ill wordes of passyon and prouocation, the Lo. Morlye bidde him " god buye, good- man Colte," & S'' Henrye Colte in greate passyon replied, " god buye, goodman Morlye." But exceptyon was taken to the bill for that the same was incerteinlye layd, sayinge in the Charge thereof "this instante September," & layinge no yeare, so it mighte be before the pardon ; & albeit the defend"' had by there aunsweares & examynaeyons re- duced it to a Certeintye, yet the Charge in the bill was that the Cowrte must iudge of ; & so for this Cause yt was dismyssed by the opinion of the Judges.' HtrE-rr'a case ' In a motyon made by Serg'" Phillips in S' W" Huett's case sentenced in the Ecclesiasticall Cowrte, & therefore ' Edward Parker, 12th Baron Morley, succeeded his father, Henry, 1577 ; he was one of the Judges at the trial of Mary, Queen of Scots, in 1586 ; he mar. EUzabeth, dau. and heir of William Stanley, 3rd Baron Monteagle, and in her own right Baroness Monteagle; she died dr. 1603, leaving a son, William, who succeeded to both Baronies. Com- plete Peerage, by G.B.C. See ante, p. 287, note 2. ^ Sir Henry Colt, son of George Colt, of Colts HaU, Cavendish, co. Sufiolk, and Clay Hall, near Barking, and Nether Hall, Eoydon, co. Essex. His eld. son, George, was a zealous royalist and ' was almost cut to pieces at Worcester fight, and after that battle fled abroad with several of his children, and lived in Holland and Flanders ; he was drowned at sea, 20 Jan. 1658, sailing for Ireland ; an Earl's warrant is said to have been found on him when picked up.' Foster's Baronetage. Mary, dau. of John Colt, great-grandfather of Sir Henry, mar. Sir Thomas More. See Morant's Essex, ii. 491, etc. Hatfield Chace would lie between Colts Hall and Nether HaU. A view of the ruins of the latter house is given in Wright's Essex, ii. 299. See Appendix XXII. ' A mistake for ' Essex.' Sen ante, note 2. m Camtva J^ttllata 349 demurred heere, ruled by the Cowrte th at in a Demurrer the matter ys all Confessed, & albeit the Cause be examyned & finallye sentenced in the Ecelesiasticall Cowrte, yet this Courte shall deals w* the periurye.' [p. 331] leos *5n tf)t Conquer Cfiambtr, Manis, 31 Ma.ij, 1608, there presente S"' Thomas Egerton, Lo. Chauncellor ; May 31 S'' Eob. Cecill, Lo. Tresorer ; Lo. Northampton, Lo. priuy seale ; Lo. worster ; Lo. Knowlles ; & auters honorable auditors; Ch. Justice Flemminge; Ch. Justice Coke; Ch. Baron Tanfeilde ; Justices del banke, Fenner, Yeluerton, Williams & Croke ; Justices del common banke, wamslowe, warberton, Daniel & Forster; Barons del excliecquer, Snegge, Heme & Altham,' in the great cause of postnati in Scot- land.' ' In y^ kinges benche an assyse was broughte by Eobert oat.vin's Caluin againste Eichard Smithe & Nicholas Smithe for a howse in Shordiche : the tenauntes pleade that the de- maundaunte was in Nouembr. 3° Jacobi borne at Eden- boroughe in Scotlaunde, infra ligeanciam of Scotlaunde & extra ligeanciam of Englaunde, & that time oute of minde they haue bene twooe auntiente, distincte & seuerall kinge- domes, & therefore the tenauntes oughte to haue iudge- mente againste the demaundaunte. ' And this Daye Justice walmslowe argued, & after some judgmentof shorte preamble that the matter was waightye & of greate Consequence, yet he was sworne to doe Justice, & [if] he were his brother he must delyuer his opinion out of his iudgemente & vnderstandinge accordinge to his small knowledge, he was of opinion that iudgemente oughte to ' This case will be found reported to verify. And as there are several at great length in Coke's Reports, excellent reports of the case already vii. 1, State Trials, ii. 559, Moore's in print (see above), I have cut down Reyorts, 790, etc. Coke does not Hawarde's slightly. Justice Walms- record the presence of any of the ley's judgment I have left nearly lords mentioned in the text, except intact, as he was one of the two the Lord Chancellor. Hawarde's Judges who considered that the report of this case is in many parts Post-nati were aliens, and moreover little more than a collection of dis- his speech does not appear to be connected quotations and references, reported elsewhere. See Appendix which it would be almost impossible XXIII. Walmsley, J 350 3[fS l\epoites; ttti Caee^ 1608 May 31 Bracton dp qffjciis cited The Court Leet The Statute for View of Prank pledge be gyuen againste the Demaundaunte. & his difference was vpon the worde ligeanciam, vpon the pleadinge of extra & infra : albeit wee are all vnder one kinge, yet ligeancia ys not bounde to the naturall person, but Conteygned in a litle roome. 'Bracton, in his booke de officijs, shewethe what ligeancia betwene the lorde & tenaunte ys. Cum ante tarn ex parte matris quam patris : the solemnitie of doinge homage likewyse by the tenaunte to the Lorde. The statutes of Scotlaunde & the booke at th'ende of them De verborum constructione ' dothe sette downe what ligeancia ys, from the kinge's leiges or from the leiges of the realme : & thereby the kinge and subiecte are bothe bounde : then he shewed that the Courte leete was before the Conqueste, in Edwarde the Confessor's time, called the liege Courte of Englaunde, where the oathe of allegeaunce ys gyuen to all : & they are Called " Deceners," or by tens, or " the ten man's Daye " : & when W™ the Conqueror came in he did assemble 12 of euerye Countye, whoe did sette downe the Customes, & doe yet remaine in a booke of parche- mente : w"'^ was in deede quedam maxima securitas : Edwarde the Confessor before had deuysed it so : so is Bracton. ' & 18 E[dward] 2, the statute dothe appointe that in a leete yt showlde be inquyred of the Capitall pledges & Dezeners, yf any at twelue years of age be wantinge, the towneship shalbe amerced : & whoe hathe receaued any of them the tenthe man ys to yealde an accounte : & by that oathe he is infra legem vnles he be after outlawed & so extra legem positus. 'The statute of 18 E[dward] 2 is false printed, for it oughte to be " all of twelue yeares of age " & not [" all the dozens "].^ ' The statute of Marlbridge 12 H[enry] 3 dothe exempte ' De Verioncm significatione : The Exposition of the Termes and Difficill Wordes, .... Collected and exported be M. John Skene, Gierke of our Soveraine Lordis Register, Councell and Rolles. Edinburgh, 1597. - Blank in MS. The reference is to the English edition of the Statutes printed by Henry Wykes in 1.564. In the edition of 1556, the words are toutes dc doii^e ans. Ill Canura ^Ullata 351 bishops & greate lordes from there apparaunce at the leete,' but before that statute by the Common lawe all oughte to appeare there, or else oughte to be distreyned for there resyaunoye for an amercem'". 2 H[enry] 4. by the common lawe eucrye one w*in the leete oughte to make his oathe of ligeauncye, particularlye sette downe in Britton : d'estre loial & foial, viz. : — to obeye y"^ lawes ^ : but Scotlaunde comes not to o'' leete : & there ys no greater assurance then his oathe. in Scotlaunde the fealtie ys to the kinge himselfe. in the booke De verborum signijicatione^ yt dothe appeare : the lawes of the kingedomes doe differ, & the kinge ys sworne to defende his subiectes by the lawes ; That ys, his subiectes of Scotlaunde by the lawes [p. 333] of Scotlaunde, & his subiectes of Englaunde by the lawes of Englaunde. ' Fitsherbert, in his Natura hreuium, in his wrytte de Idiota, dothe explane this. ' & so it dothe appeare in the iudgemente in premimire, he ys put out of the protection of the lawes of the kinge, that ys of the lawes of Englaunde. so that hereby yt may appeare the subiectes of the twooe kingedomes haue seuerall ligeaunce, seuerall lawes, & seuerall oathes : & this appeares in a pardon of K. -James the thirde. The case ys that he is an alien borne at Edenboroughe extra ligean- ciam. for euerye subiecte ys either natus aut ijartus ; if he be borne, it is his birtherighte, & betwene Englaunde & Scotlaunde there was allwayes a partition walle, & thoughe it be in an open Feilde, a man saythe quare clausum suvni &c. Juryes here in Englaunde can not enquyre of tresons, felonies or other offences committed in Scotlaunde & sic econtra. ' 32 H[enry] 6. here can be no triall of one borne in Scotlaunde.^ but I woulde doe as the good huswyfe dothe when she hathe made a good threede & woulde vtter the same, shee seemethe to drawe it oute to Cutte yt, but yet ' The statute of Marlbridge is 52 ' See ante, p. 350, n. 1. Hen. III. Cap. x. is the part ■■ Year Book, Hil. 32 Hen. VI. referred to. fol. 23. - See Coke's Reports, vii. 6 b. 352 ^t& aupmttss ttcl Casfsi 1608 Cuttethe [notl ; neither woulde I cutte threede in En- May 31 *- -" glaunde or Scotlaunde. ' The kinge hath 2 persons, Scotland & England, politike and naturall, separalia iura, & can not be Con- founded, quod subintelligitur non deest : otherwyse yt it is when the kingedome dothe discende vpon a subiecte, as in the case of the Duke of lancaster : & Scotland ys an auncyente kingedome, there haue bene 108 kinges : & the kinge by his greate seale of Bnglaunde or bis letters pattentes Can geue nothinge in Scotlaunde : neither by Consente in j)arlianiente, for they are twooe bodyes & as twooe Corporatyons : There are 2 abbottes, & lande ys gyuen to them twooe, they haue seuerall rightes & are tenauntes in Common : so one kingedome dothe not drowne [p-334] an other. Abbot & parson haue deuyded rightes; 14 E[dward] 3,^ & so the kinge of Englaunde & Fraunce. 22 H[enry] 6, one borne in scotlaunde is an alien.' ^ 25 E[dward] 3, 21 B[dward] 3^; infra ligeanciam of England and of the King of England is all one : ' one heads to haue twooe bodyes were monstrous : & to con- founde the kingedomes. the grande Jurye ys Called the bodye of y'' Countye. ' To come ouer the wale to plucke an apple ys holden no greate offence, but to take orcharde, apples, appletrees & all, were not tollerable : yf this D.emaundaunte beginne to purchase at twooe yeares of age, what he will doe by that time he shall be 70 yeares olde ; and I knowe not whether all his nation be of that minde, so it will be sans number : the kinge maye make as many denizens as he pleasethe, but a kingedome is but as a great family into w'^'' no more are to be receaued then the M"" will & knoweth of : yf a waye into a hauen be stopped by tempeste, another ' This refers apparently to 14 children born out of the realm of Edw. III., Stat. 5 : ' The Eealiii and parents in ' the faith and ligeanoe People of England shall not be sub- of the King of England.' The ject to the King or Kingdom of Statute referred especially to the France.' King's children. The second re- '' ? a mistake for 32 Hen. VI. ; see fereuce should be 42 Edw. III. fol. 2, above. according to Coke's Bepmts, vii. 12. ' 25 Edw. III., Stat. 2. This was See Year Books, Hil. 42 Edw. III., the Act for declaring the rights of no. 9. in Cainfra ^tfllata 353 Can not be made before a write cle Ad quod damnum be broughte. Solomon saythe that the multitude of people ys the kinge's honor, that ys yf he Feede & breede them, otherwyse not. so shall there be post nati in saecula saecu- lorum, w"'' were no good manners in them. ' The statute of 25 Efdwardl 3 ' did naturalize the King's •- -" , children kinge's Children that were borne in Gascoigne out of the Eealme, & but three of them. ' The kinge ys Called pater patriae, & he will haue Care that all his subiectes maye lyue, & allthoughe he may denizen all, yet it is hoped he will doe no more then reason will moue. yt hathe allwayes bene the pollicie of Eng- launde to keepe straungers out, as the pope & his bene- ficed men, & so to vse straungers as not to hurte his owne Children. ' The kinge maye saye hoc possumus facere quod per legem [p- 336] possumus facere ; & the kinge Can not graunte that an alien maye sue an englisheman. ' The kinge ys bounde by his oathe at his coronacion to The mng'g ^ •J ^ coronation obserue the lawes, & specially the lawes of Edwarde the "^t"^ Confessor : & all innouations are daungerous, & in all good gouernementes much Condemned. ' When H[enry] the 7"" Came to the Crowne the out- lawes that were w** him receaued no Comforte, the sub- iectes helde there liberties : & one greate libertie ys that an englisheman shall not be impleaded by an alien, & that [liberty] the subiecte Can not lose : sua sorte sit quisque contentus : Englaunde's lotte ys fallen into a faire grounde, let him be Contente therew*- ' For the Case of Normandie, it became parcell of the Normandy . and Ireland kmgedome, being gamed by Conqueste, as Irelande is. 19 E[dward] 4.^ ' But to saye that ligeaunee foUowes the kinge is absurde & improper. I am to Come when the kinge sondes for mee : no more then Corne followes him that buyes it, or the Deere him to whome yt is gyuen : & so an alien to the ' See ante, p. 352, n. 3. Edw. II. cap. 12, a statute declaring ' Apparently a mistake for 17 the King's rights in Normandy. A A 354 %t^ ^t^ovU^ titl Casicg 1608 May 31 Judgment for defend- ants [p. 336] Tanfield, Chief Bai'on Spencer's case kinge is a straunge speeche ; there maye be a villein to the kinge. 7 E[dward] 4. ' And BO he Concluded : he sayde he Coulde not be longe, he had an oulde memorie,' & yf he showlde looke muche vpon his paper he showlde be oute ; he coulde tell them no newes, but some olde thinges w* he had rede ; & so ended that Judgemente was to be entred for the tenaunts againste the Demaundaunte : he argued Confydentelye and boldlye ; he was well lyked and muche Commended ; & so agreed w**" Justice Forster.^ ' The same Daye the Lo. Cheife Baron, S'' Lawrence Tanfeilde, argued allso ; & firste he put the Case as before : & then he proued yt a vsuall thinge to referre Causes of greate waighte or difficultie to this place, & that yt hathe bene called Camera Consilij. the statute of 31 E[dward] 3 [cap. 12] dothe enable yt to reuerse iudgementes, & IB H[enry] 4 for Causes retorned hither out of y*" Chauneerye. ' He was of opinion that the post nati were no aliens, & for the plea, he woulde Confesse & auoyde it. ' And for ligeancia, yt is neither to the Crowne, nor to the lawe, nor to the kingedome, but to the person of the kinge ; and the particion walle is not broken as to the lawes : the generall allegeaunce ys to the person of the kinge & to all the powers of his person, & it is the power and workinge of god.' The King's person cannot be divided, as if he had a natural and a political body. ' Euerye man had his allegeaunce by his byrthe, & after [-wards] yt is Confyrmed in a leete. ' Cor regis in manu doini7ii, & the kinge's person is an adamaunte that drawethe allegeaunce vnto yt. & to deuyde the allegeaunce from the kinge's person to the Crowne, kingedome or lawes, was Spencer's opinion, a case censured & Condemned in parliamente, & it is an opinion that dothe hatche and protecte treason.' ' He was born about 1537. ' This refers to the trial of Hugh ^ They were the only two Judges le Despeneer, father and son, in 1320. who held that the post-nati were See Coke's Reports, vii. 11. aliens. m Camfra .^tdlnta 355 ' An alien ys he that js borne oute of the Idnge's Cp- s^n allegeaunce, & there ys an alyen enemye or an alyen what ' Freinde. mes parliamentihm omnia 'potest. & there are 4 markes : 1. extra ligeantiam et potestatem ; 2. poier del ray; 3. ill fide alterius regis ; 4. an enemye to the kinge : & yt is a rule that whome the kinge can not disable, the subiecte Can not disable : & from whome the kinge Can not take lande, the subiecte Can not take lande. ' & the lawe dothe operate nothinge idle, yf it gyue the thinge, yt gyues the meane allso. & so in this Case he Concluded that iudgemente oughte to be gyuen for the Judgment Demaundaunte, but his argumente was farre shorte of plaintiff expectatyon : Walmseloe & he argued bothe in a daye, but the satterdaye followinge, beinge 4 die JuiiiJ, the Lo. Coke had a whole daye by himselfe.' ' Sabbati, 4 Die Junii, 1608.' leos June 4 'Lo. Coke, Cheife Justice del common bankc. Fyrste he coke, c. j, •^ 0. p. Cyted Columella that there are 4 nounes, nomiiia operatiua, leaders to the vnderstandinge of the Case : 1. is alienigena, lirste in place, laste in operation of the allegeaunce ; 2. regnum ; 8. leges ; 4. iura.^ theise doe shewe more lyfe & dexteritye, & oute of these he woulde drawe 7 seuerall & materyall argumentes, but woulde be shorte & perspicuous : 1. extra natus est alien, mes Galuin est extra natus, Ideo est alien. 2. natus infra scotiam est alien al corone d'angliterre. 3. duo iura, duo regna, equum est si in diuersis personis, cum concurrunt in vna persona. '4th. where th'allegeaunce ys due to y" person hauing [p. sas] twooe distincte Capacity es. but Caluin ys borne vnder the allegeaunce of Scotlaunde. Ideo he is an alien. ' 5. where the kinge hathe twooe seuerall kingedomes, by twooe seuerall tytles & discentes, there Can be no vnyon of allegeaunce. ' 6. where there are twooe seuerall lawes, anyone borne ' Coke's Keport gives Ligeantia, Begnum, Leges and Alienigena. A A 2 356 ^t& ^tpovU6 M Cages 1608 out of th'extentes & reache of the lawe of Enelaunde is an Juae 4 ^ alien. ' 7. he that at the time & place of his byrthe ys not partaker nor inherytable to the lawes of Englaunde, can not haue the benefytte of the lawes : & hee that ys borne out of the iurisdictyon of the lawes of Englaunde, Can not be tryed by the lawes of Englaunde.' ' For the etimologie of the worde allegeaunee {aut ligeancia ex vi termini) hoc est aliene gentis. this is paruum in magno, et magnum in paruo ; litle in sillables, but greate in substaunee ; the greateste Case that euer was in west- minster halle : & protested he woulde delyuer his Con- scyence & oute of his harte, & woulde foUowe the Coun- sell of him that Coulde bests gyue yt. 8 Job. hesterni sii.mus et ignoramus. ' neminem opor'tet esse sapientiorem lege : he woulde not be bedazeled w"" any popularitie, frighted w* no terror ; & protested that no one of them all did knowe before they argued what was another's opinion, nor neuer had message in one kinde or other ; tenne had allreadye argued one waye & 2 th'other : & Companye is a greate Comforte to a man in his iournye, but he woulde not go w* the greater number for Companye, but that they had Chalked oute the righte waye before him. ' He was of opinion that Caluin was no alyen. [p- 339] ' obedyence & subiectyon are bretheren by byrthe & make a naturall subiecte : & this is better explaned & Con- fyrmed in the leete. & there ys a recyprocall bonde betwene y^ kinge & the subiecte : ligeancia mutua debet esse connexio memhrorum : et regis est regere et protegere. 'ligeancia j& fourefolde, 1. naturall, 2. facta et acquisita, 3. legalis, 4. localis. ' Denisation ys eyther by pattente, parliamente or con- queste. [p- 340] • a man ys made legalis by the leete, & it is indefinite to all. ' These were the arguments advanced on behalf of the defendants. See Coke's Reports, loc. cit. in Camera MtlUt^ 357 ' & this opinion of seueringe the allegeaunce from the kinge's person can haue no defence from Spencer's treason. ' A more happie Coniunction of the twooe lyons then The two *• ^ *^ lions and the there was of the twooe roses ; for it seemes the heauens '™ roses reioyce & Conspyre in this vnion, for at this time the sunne ys in gemini, twooe twyns ; & as Paul's signe was Castor & Pollux, so now the Constellation is in Corona, & goes out w*in 7 dayes. t ' this he delyuered in his Conclusion of all his argumente, but spake much more ; & so this was wrytten out of his proper place by mistakinge my noates in seuerall wryting tables.lF ' & so was of opinion that obedyence was not locall nor obcriience Confyned to any place, but the oathe in the leete ys vniuersall, & so spaoyous ys his oathe of allegeaunce as is the kinge's gouernemente. ' we that are Judges are men of state, but not states men, neyther must we argue so : theise are qualities of the soule not prescrybed to any place. ' I finde a straunger in the case, but not an alyen. [p. s-ii] ' 11 H[enry] 4; Irelande; for allegeaunce dothe extende ireiaaa as farre as thekinge hathe any territoryes.' nidlis claustris coercctiir : nullis metis refrenatur : mdlis Jinibus restringitur. ' there is a questyon Ctd ? A secrete euill to restraine allegeaunce to the kingedome, to the person, or to the politike capacitie. for the kinge hathe 2 distincte Ca- pacities : his naturall person ys accompanyed w* his politike Capacitie. & there are 3 Causes of policye, maics- tatis, vtilitatis et necessitatis. ' H[enry] 7"* was attainted of treason, purged by being kinge. the kinge was heire to the Earle of Marche, beinge but of the halfe bloode, & yet did inheryte. ' The prince purchasethe & afterwardes ys made kinge, he shalbe now seised in iure cor one, as in his politike Capacitye : & he hathe a soule, w* man can not Create. ' Ijrohationes clehent esse per notiora.' The law of England consists of the laws of 1. nature, [p. 312] ' Year Books, Mich. 11 Hen. IV. no. 17. 358 3lfS iUpoitfS tid €n&t& 1608 June 4 [p. 343] Gascony Normandy Isle of Han Calais Berwick [P- 344] Ireland the gift of God, which cannot be changed, 2. customs, 3. statutes. Nature writes the ]aw of government in the heart ' of man for his preservation, by government and in obedience. ' wlieresoeuer the kinge hathe gouernement there alle- geaunce ys ioyned to it. ' a man borne in Gascoigne was a naturall subiecte to the kinge of Englaunde.' 1 Henry IV. fo. 1. A man banished out of England religatus fuit Gascogniac, when it was exile, an ' alienatinge from his Cuntrye, lawes, & preseruation, & a change of the soyle.' ^ 10 Edward III. fo. 41. A man in England exchanged land with a Gascon.^ ' theise thinges are adiudged good in a petition, viz., that a man borne in Gascoigne shall inheryte in Englaunde. ' Stamforde hathe the Cases, & saythe that it "appears" and not that it " seems " [appeare nemy que semble]," & that those borne in Gascoigne shall inherj'te in Englaunde. ' Normandye was had by discente, not by Conqueste.' 17 Edward II. lands in England descend to Normans.'' ' Gernsye was parte of Normandye. ' The He of man was an absolute kingedome, & Came not into Englaunde w^'out leaue, the little Kinge of Man.' '' Calls and Guies [Guines] in Fraunce ; men born there [were] natural subjects to the King of England.'' 27 Edward III., secundum legem regni Scotiae. in Barwike & Eosse in Scotlaunde.' 42 Edward III. a man born there, natural.' Ireland is not part of England : treason there tried in the King's Bench. Oruck's case, and so Sir John Parrette 1607. = 17 Edw. 11. Stat. I. cap. 12. '^ ' The little, but yet ancient and absolute kingdom of the Isle of Man.' Coke, vii. 21. ' Calais, see Coke, vii. 22 ; Guines, ibid. « 11 Edw. III. Coke ; Ex BotuUs Scotiae anno 11 Ed. III. = See Coke, vii. 23 b. ' ' In ceux de liome ' ; the letter r is written above the x of ' ceux.' 2 Year Books, Mich. 1 Hen. IV. no. 2. ^ Year Books, Trin. 10 Edw. III. no. 44. ■■ Sir William Staundford, Stan- ford or Stamford, Les Flees del Corone, 1683 ; ut j^atet are the actual words he uses, fo. 59 c, ed. m Camera ^Wlata 359 was tried there.' Diar, 20 Elizabeth, and still are distinct kingdoms.^ Attribuat lex regi qxiod rex attribuat regi [sic']. A Con- queror may change the law where he had it by conquest and the inhabitants are ' infydelles,' but otherwise where they are Christians. Errors in Ireland are corrected by the parliament in England. 14 Henry III., leges figendae et refigende perniciosa. A \.v- sis] noble man and his wife [are] carried in time of conquest to France and have issue there, [the issue] is liege and natural. ' There is no alien in the Case, but this kinde of pleadinge is a stranger neuer seen before, alienigena {per Litleton) est qui natus est extra ligeanciam in tali patria que nemy in legeaunce del roye. i perpetuus, infidelis. temporalis. ■ per missus, ' He maye haue tresure & goods. ' Subditus est datus, aut natus.' It is the destruction of the realm for an alien to purchase [land] and by this means build castles, if strangers ' showlde purchace in peace.' and also they are not returned on Juries. It is a rule that no one can be an alien by birth who cannot be an enemy by accident. Magna Charta, 8°. 19 Edward IV. fol. 7. ante nati may be enemies by accident. Where there cannot be war, there cannot be an alien. 19 Edward IV., if the king does not make war, it is a tumult. "Where the protection of the subjects by the king is equal, in general the obedience is equal. One born in natural allegiance is no alien. ' What is due by Constitutyon of a man may not be altered, mes naturall obedyence ys due by Constitutyon, f See Appendix XIX. 'Dyer's Reports, Mich. 19 & 20 Eliz., 360 b. 360 %td mpottt^ titl Casies; junl i therefore yt can not be altered or taken awaye : yf the parHamente doe enacte that the kinge shall not be obayde, it is voyde. [p. 346] ' He that at the time of his birthe can not be an alien to the kinge of Englaunde, can not be an alien to the subiecte of Englaunde.' [If] an alien purchase land held of a suljject, the king shall have it, and yet the subject shall plead this for the king's benefit. An alien may be made liege by the king. If the king make war, the liege subject is bouiid to assist him. ' yt is obiected it will cause confusyon. To that he aunswearethe that there wilbe a vnyon in 4 thinges : 1. person, 2. allegeaunce, 3. protection, 4. alliaunce. 'A separation in 4 thinges : 1. kingedomes, 2. lawes, 3 parliamentes, 4. nobilitie. ' a kinge is a kinge, & a poore knighte is a knighte, in all the worlde ; bo are no other degrees. ' 20 E[dward] 4. vt valeat status iunxerat ante rosas. consociasse rosas. Cor vnmn et via vna. ' yf the allegeaunce showlde be locall many incon- venyences woulde ensue ; for yf there showlde be stirre in Scotlaunde, what woulde ensue yf those in Englaunde were not bound to assyste : utlage : premunire. liors de lour witte if they be out of there allegeaunce. & therefore this Can haue no defence out of Spencer's treason ; but he thankte god none of his bretheren were of that opinion : & no one Judge had Conference w* another, nor receaued any message: at this daye there is a Concurrence of iudge- naentes : but H[enry ?] 2 rose w* a syde winde : & at this daye no opinion of any learned man to the Contrarye : & [p. 347] at this the heauens reioyce. " for at this time the signe is in Gemini, that are twins, & the Constellation ys de Corona & goes out w*in seauen dayes : & as Paul askinge it was in Castur & Pollux, so I doubte not but yt will proue a happie Goniunction : & I will not giue litle Caluin so muche as the apple, excepte he Can gette monie to purchase it, then in Jane 7 in Camera ^tellata 361 the name of god let him haue bothe apple & tree & orcharde & all ; for I haue founde by some experyence that monie & tresure [are] as the synewe of purchacinge. & thoughe he be but litle, the flye ys as perfecte a creature as the eagle or the Elephaunte." ' & so ended his argumente w"' greate admyration of the better & wyser sorte, infinite commendacyon of all, & good satisfactyon of very manye ; he Contynued to the ende wi"' strong Yoyce, excellente memorye, rare delyuerye, & wi"" small or no perturbacyon or alteracyon.' ' Tusedaye Followinge. Martis 7 Junij, 1608, S' Thomas isos Flemminge, the Lo. Chiefe Justice of Englaunde, & S' Thomas Egerton, Baron Ellesmere, Lo. Chauncellor of Englaunde, argued bothe in one daye.' ' The Lo. Cheife Justice first put the Case accordinge to piemiug, Course. ' yf they abyde in Scotlaunde y t dothe not Concerne them, otherwyse yf they Come into Englande. [All persons] borne out of the realme shalbe naturalls yf they be not borne vnder another kinge : agreede by all that he is no alien that ys not borne out of the king's seignioryes, as Ireland, Normandie, Man, Gascoigne, Guyan.' Colt's case adjudged in the Exchequer [2 James I.] ; the iv-sm wife was delivered in Flanders, when she had left Calais where her father and mother were born ; and he was adjudged natural, and by the office his lands were given unto him.' ' The onelye rule to make a naturall is to be borne w*in the kinge's allegeaunce. est litimus terminus, extra et infra ' extended to Ireland as well as to Scotland. ' The deriuatyon of ligeancia is from liga, a bonde, ohligatus et ligeus, allegiaunce. fedus, confederatio inter principes. ' This is a Conuentiall bonde, & not naturall. th'other ys begonne by byrthe & ended by deathe. as betwene the ' See Dyer's Beports, fo. 224 b, note. 362 iLes JUportfg M Casing ju°ne 7 father & y'' sonne. this oathe ys onelye to the kinge & to no other naturall leige lorde : o'' naturall leige people, & they are subiectes onelye that haue taken this oathe. & this oathe ys recyprocall as well on the kinge's as on the subieete's behalfe. & this allegeaunce begyns w"^ euerye man's byrthe, & ys by the lawe of nature : & the oathe at the leete dothe Confyrme it & remembrethe him of his dutye, & ys to instructe them in the lawes & of there dutye to the kinge & the subiectes. ' An alien may be sworne in a leete, & yet this makes him no denizen, 4 H[enry] 4. ' None can take an aduauntage of an alyen where the kinge Can not take aduauntage : the bonde of allegeaunce is not a bonde of seruitude but of Freedome : come liber homo.' An alien shall not have a real action against the subject ; but if a subject sell lands or goods to an alien, the king shall have them and the subject shall never have any advantage of it. An alien may depart the realm when he wishes ; there- fore this is one reason why he cannot purchase. But the King may command him to stay for the defence of the realm under pain of his protection, [p. 349] Allegiance cannot be bound to the kingdom : ' they are twooe kingedomes non quoad intellectum, sed quoad ocidum. They will make fearefull conclusyons yf they laye th'alle- geaunce vpon the kingedome, vpon the crowne, or vpon the lawes, this is to make to muche of this Conceite : as yf the scottes conspire in Scotlaunde or adhere to an in- uasyon. ' Duo iura in vna jyersona ac si vn person. ' Queene Elizabethe dothe yet lyue in the person of the kinge, & the kinge hathe no more then the Queene lefte him, & in her time this had bene a good plea, this ys entended of her bodye politique, for her naturall bodye ys deade. he is a subiecte borne in respecte of the lawe of god, & not of the municipall lawes of this kingedome of Englaunde. leges sunt miitae ct viortuae, rex est autor [s'i'c] et I'u Camera ^tdlata 363 vita legis. Bracton. he is aboue the lawes, but not to abrogate them, w* he Can not doe. his absolute power hathe no lawe to dj'recte him : he is absokite in warre & peace, & maye Commaunde the subiecte to goe whither he pleasethe ; & so Concluded that iudgmente oughte Judgmenb ^ ' ^ _ ° fur plaiutlff to be entred for the plaintife or demaundaunte in the Assise. ' The Lorde Chauncellor ' argued the same daye. And ^||°^^°[;Jr began to excuse himselfe that he had longe sythence bene Called from theise legall exereyses, & so bereaued of all meanes to argue this case after so many learned & graue Judges : but beinge adiourned out of Chauncerye vpon a demurrer there into this Cowrte, not for any difficultye that he Conceaued in the Case, but for the weightynes of the Cause, for a person excommunicate or an alien is disabled to sue en chauncerye. ' There was one did petition againste the Lo. Keper [p- sso] Bacon ^ for that he had made a decree againste the lawe : he made aunsweare that he had done accordinge to equitye, & that yt was out of there learninge, he had done his Con- science, & the Chauncellor was not to make accounte to anye but to the tinge's Ma"^ himselfe. ' He sayde he Coulde tell them no newes, nor prophecye of so weightye thinges, neither vse exordium or preface, but order woulde he showlde put y*^ Case, w"'', for j" gayninge of time, he spared. ' The generall Case is magnum in magno, & the partycular case is paruum in paruo : by the passages & proceedinges in the generall & partycular case, he was of opinion he was no alien, thoughe he were borne in Scotlaunde. ' He spake much of 1° Jacob., for the Commissioners commis- sionei s to that showlde treate of the vnion : ' there ys one royall treat oi the •' •> Union, person, therefore there can not be twooe allegeaunces. 20 i^o^ ' The Lord Chancellor's speech 2 Privy Councillors, 2 Ambassadors, was printed for the ' Societie of 4 common lawyers, 2 civilians, 4 Stationers,' 1609 ; pp.118. merchants and 16 country gentlemen. * Sir Nicholas Bacon, Lord Keeper The list is printed in the Journal of 1558 to 1579. the House of Commons, May 12, ^ The Commissioners consisted of 1604. See Mooro's Reports, 790. 364 3Le5 meporUS titl Ca^f^ 1608 Octobr. 2 Jacob, a proclamatyon for greate britaine.' & the same daye the Cominissioners mette, & then non did openlye gainsaye it, the Judges did delyuer there opinions in the vpper howse, & after conference betwene bothe howses, the Judges Confyrmed there former opinyons in bothe howses : one of the lower howse did then saye that a proclamacyon was not binding ; ^ but he [the Lord Chan- cellor] did admonyshe them by waye of Cautyon not to contemne or set lightlye by proclamacions. ' Judges are sworne, & speake vpon there oathe in par- lyamente, & so it is consented, & this is the higheste Cowrte of all others, & the Judges are Called thyther by wrytte vpon there oathe ; & for Assises, nisi prius, oier & termyner, beinge once sworne yt suffycethe : & there estimacyon is suche that they haue no cause to feare, flatter or fauoure. [p. 351] 'Of all the 12 apostles onelye Thomas doubted the resurrectyon of o'' Sauyoure, w* was a Cause that the same was better Confyrmed to the whole Churche. so they haue bene Thomases onelye that haue doubted in this Case, & there Doubtinges haue bene the greateste Causes of the reasons of this iudgemente in this place. ^ ' I will not vse any sillogisticall argumente ; the case is rare & difSculte & neuer before adiudged ; noe transcen- dente case, but to be adiudged by the Common lawe, that rulethe & ouerrulethe it. ' The Common lawe is ms scriptum et non scriptum : & this I fyrste learned of him whose name will be euer blessed & the memorye thereof happye. The Lo. Tresorer Bur- leighe,'' that at the firste yt was not wrytten, but [was] reduced into wrytinge : but this is an age of questyons, ' ' A Proclamation concerning the Judges that haue doubted in this King's Maiesties Stile, of King of Case, as they beare his Name, so I Great Britaine, France and Ire- doubt not but their doubting hath land.' Proclamation Book, 82. giuen occasion to cleare the doubt in - ' It was discreetely and modestly others,' jj. 29. The two Judges were saied by a learned Gentleman of the Thomas Walmsley and Thomas lower House.' Ellesmere, loc. cit. Foster. ^ Here the printed speech goes on : ■• BUesmere's Post-nati, 33. ' The two woorthy and learned in Camera ^Ullata 365 all is in Quomodo et Quare : & therefore some haue not spared to saye that the lawe ys weake & incerteine : & so they obiecte againe, yf it be not wrytten how Can it be knowne. ' 1. Firste, the common lawe ys the Common & generall tp- 352] Custome of the whole realme. iZ'Zlt ' 2. it dothe consyste of Certeyne auntyente prineyples & Customes : as, there is no tenaunte in dower nor tenaunte by the Curtesye of the Crowne of Englaunde. ' vhi noil est directa lex, standum est arbitrio Judicis. yet the Ciuill lawes are too generall, but he reuerencethe the professors, but spaine & Fraunce doe not receave the Ciuill lawe, but for a dyrectyon, not to be governed by it ; neyther dothe Eome, to be bounde by it. ' There is 3 kindes of presumption : — presimnptio, 1. presump- temeraria, 2. probabilis, 3. violenta.' There are four kinds of interpretations of laws : — 1. Jdstorica, 2. etimologica, 8. analogica, 4. practica. ' Historica ys darke & daungerouse. ' The kinge dyscended from bothe monarches of theise 2 kingedomes, Fergus ' & Enas.^ ' Ligeancia, ligum or liga, an Italian word, signifies totalem subiectionem. • Analogicall. [p- '^'^'^ ' Irelande & Fraunce by discente, & so turne the Case, Ireland ana & it will be clear e allso. ' Normandye & Aquytaine were absolute princes & had Normandy auncyente soveraigne power : one kinge hathe had one taine seale, & another kinge hathe had another seale. Maude the Empresse had no seale. the kinge of Englaunde by his seale of Englande maye Commaunde all his subiectes in any parte of the worlde. ' Fergus, son of Ferohard, the Ina, King of the West Saxons, who first King of Scotland according to died 726. See Diet, of Nat. Biog., the fictitious chronology of Boece s.v. Ine. Can it possibly refer to and Buchanan ; said to have come iEneas, who is said by Geoffrey of to Scotland from Ireland about 330 Monmouth to have been the grand- B.c. See Diet, of Nat. Biog. father of Brutus, the first King of ^ The marginal note in the Post- Britain ? nati^ p. 59, says ' Inas.' Perhaps oGG ^t& Ivfptiitts trel Cages? 1608 J line 7 Cheshii-e [p. 354] Jilt] foment for the plaiutiff ' Chester was a Countye palatine before the Conqueste & had a speciall seale. 33 E[dward] 2.' The ' Irishe & the Aquitaines ' are the subjects of the king, and yet not sworn in England. ' reason & knowledge ys infinite : yet no man can borowe his neighbor's braine. ' Ottelius,' de vera Juris prudentia. Interpreters of the lawe oughte to be etate graues, eruditione docti, vsu rerum 2)rudentes, autoritate induti. vitium est si rationem non inuenias. yet there remayne seuerall crownes, seYerall leyes [laws] & seuerall legeaunees. ' Veritas docendo suadet et non eoercet. rex solus iudicat vhiius non iudicat. 1 Cod.fo. 13. & so Concluded that 7nagna est Veritas & preualet, & god is the author of all truthe : and so decreede for the pi. that Judgemente showlde be entred for him. ' He argued very profoundelye & was exceedinge longe, but reade muche in his booke, & had taken infinite paines, for he had wrote a greate volume, & was allmoste 4 howres in his argumente. So this was the ende of this greate Cause, the greateste Cause, I ^ thinke, that euer was adiudged in this Cowrte ; & euerye Daye there was an honorable presence of many of the priuye Counselle & other noble lordes, knightes, & gentlemen, but especiallye as this Daye, & I thinke for the most parte they were all well satisfyed : god graunte it proue a blessed vnion for the kinge & all his posteritie, & for all his kin gedomes & people. Amen. Amen. Amen.' [p. ns5] 1608 Juui; 16 Waltham l-'OltEST in Cantfra ^tfllata, coram Consilio ibidem, Jouis, 16 Junij, 1608, le prochein iour puis trinitie terme, adonque presente Lo. Chauncellor, baron de Ellesmere, Lo. Northampton, adonque Lo. priuie seale, euesque de Londres, et touts les Judges d'angliterre. ' There was a Cause of hearinge appointed this daye for the huntinge in waltham Forreste, pretendinge it to be ' EUesmere's Post-nati, p. 85, Bays ' Hopperus ' ; Joachimus Hopperus, De Juris Arte ; 1555. ^ Hawarde. m Camera ^ttllata 367 purleiwe,' formerlye hearde in parte in this terme, but Puriieu adiourned to this daye for wante of a recorde w* the de- fend*''' stoode muche then vpon, but coulde not then shewe. & now they Confessed that they were mystaken in that recorde, & did now therefore confesse that the vsage had misledde them, & that the same was part of the I^orreste, & therefore in all humblenes submytted themselues to his Ma"^ for there offences paste & for there vsage of the same as parte of the Porreste or purleiwe ; & so ordered ex con- Adiomnea Jesso, & referred to the nexte terme.' ' After the kinge's Councell had moued, the Lo. Chaun- Thechan- ^ cellor s cellor delyuered a Charge from the kinge's owne mouthe to ^jj^^j^^'^g the Judges & Justices of peace that speciall Care showlde be ™'t/e"p^c' had for the due executyon of the kinge's proclamacion,^ the printed articles h the Lorde's letters for Corne busynes ; ' " for we force the dearthe o'' selues w*out cause ; that y'' kinge hathe speciall care to preuente all causes whatsoeuer, hathe requyred y'^ Lo. Maior of London to make prouisions from forren partes, hathe restrayned all transportatyon, & hathe forgyuen all Custome of importation : that Corne Maisters, ingrossers & forstallers of graine, be looked vnto, that y° poore be prouyded for w^^'in there paryshes, for now more wanderers then ever were ; & it is Justices' of peace faulte, ' The purlien of a forest is the Forest of Essex, 166. land near to it, added thereto by ' ' A Proclamation for the preuent- Heury II., Eiohard I. and John, and ing and remedying of the dearth of afterwards disaforested by the C^arto Graine, and other Victuals; ' 2 June, de Foresta. Jacob's Law Diet. 1608. Booke of Proclamations, 174. An owner of lands in the purlieu ' 1608, Sept. 25. — Earl of South- had certain rights of hunting there. ampton to Earl of Salisbury. ' The He must have free land within the skaisity of corne is so greate in this purlieu to the yearly value of 40s. ; contry that mayny are driuen to he might hunt with dogs, but was supply themselues w"' seede for this not allowed to use guns, bows and sowing time out of other partes, it arrows, or other weapons of the beeinge not heere to be had. . . . chase ; he must not ' forestall ' the There hath been payed att Hampton deer (that is, get between it and the w">in these six weekes last past out Forest) ; he might hunt only with his of the contry the summe of 14 own servants, and only three times thousand pound in redy mony vnto a week ; he might not hunt on strangers for corne brought thether Sundays, nor at night, nor within by them, as I am enformed from the the fence-month, nor within 40 days Mayor.' before or after the King's hunting State Papers, Domestic, James I. there. See W. E. Fisher, The vol. 36, no. 34. 368 ^Les luportes! titl Caeies 1608 whoe showlde Correcte Constables for not executing there Jime 16 j^ ° oiEces, & gyue them Charge to be more Careful! ; neuer more Justices & lesse done ; he puts in few into Commission but vpon Commendacyon from the lordes or Judges, whoe [p. 356] showlde Certifye vpon knowledge, & not informacyon ; for in all partes the numbers are so increased that those that are the doers & beare the burden of the busynes can haue no place at the benche, nor hardelye gette into the Cowrte but as they are Called, for the number of newe & younge knightes, that Come in there braueryes & stande there lyke an Idoll to be gazed vpon, & doe nothinge, ys so greate & pressinge for place, Countenaunce & estimacyon : but they must knowe they are not Justices for there Countenaunce onelye ; let them remember there oathes & dutyes, that they are for the Justice, peace & gouernemente of the Cuntrye, & not to be quarter Justices, as many of them are, that lye aboute this towne 3 partes of the yeare, & goe downe onelye for there pleasure in hawkinge & huntinge ; but the Lo. Maior of london must now make accounte what they are that lurke aboute the towne, & the Judges retorne to his Ma"^ the names of them that abyde not in there Cuntrye dwellinges & keepe hospitalitye, w""^' now his Ma"'' by his proclamacyon ' inioynethe them all to doe, & that the sommes Collected for the poore be ymployed accordingelye : & what they are that attends there quarter Cessions, to veiwe the Gierke of the peace's booke for it, whoe retorne recognizaunces, whoe are Contentyous ; that the good maye be Comforted & aduaunced, & the badde remoued & punyshed. ' " The Judges, the visitors for tooe times in the yeare, not for Justice alone, but for the peaceable gouernem*'* of the Cuntrye, put in greate truste by his Ma**'=, & to make an accounte to him w'^'' he will expecte from them, that they, the J. of peace, sheriffes, & all other officers, looke diligentlye to preuente in the begynninge all assemblyes in riotous manner, as this laste yeare the Leuellers in North- ampton & other shires, that Coste many lyues, & some were executed, & when they are in Companyes they proue ' See ante, p. 367, n. 2. lit Camera ^tellata 369 Eebellions ; w^'stande there begynninges, or else yt wilbe yo"" faultes : for yo"" disorders in alehowses, looke now Care- fullye to them, & let them be seauearelye [severely] punyshed ; & there, as well as in yo'" owne bowses, keepe order for dayes forbydden, w'^'' is a greate Cause of muche waste & greate expence. ' " & let vs now vse the good Creatures of god soberlye, [p. 357] for I Can not saye what ys the Cause of this dearthe, whether the vnseasonablenes of the weather, the greedye mindes of Cornemaisters, Ingrossers or Forstallers, that loue to Feede vpon there owne bretheren, or o"' owne synnes that hasten god's iuste iudgementes vpon vs : & then obserue well what the Prophete EzeMell saythe. EzeMel, 16 cap., vers 49, " This was the iniquitye of thy syster Sodom. Pride, fulnes of breade, & abundaunce of idlenes was in her & her daughters, neither did she strengthen the hand of y" poore & needye. vers 50. but they were hautye, & Commytted abhominatyon before mee : therefore I tooke them awaye as pleased mee " : for o"" pride yt is to muche seene, & the greate waste in tauernes, alehowses & ordi- naryes prouethe o"" Fulnes of breade ; let vs beware of the reste, for as wee haue a gracyouse & a good kinge, whome god bathe bleste, so let vs not hasten god's iudgementes w* o'' synnes." And so Concluded.' ' III Camera ^tellata, coram ConslHo ibidem, Mer- curij, 12° Octobr. 1608, termino Mich'is.^ 1608 Oct. 12 This day M"^ Edward Jones, after the death of M." Mill, took the place of his deputation of the Clerk of the Coun- cil's place in this Court, as Deputy to S'' Francis Bacon, who has the grant of the reverson of it after the death of the said M'' William Mynne [MylleJ. Jones, Dfiputy Clerk of the Star Chamber The same day a cause of hearing. Copping, plaintiff, [p. sss] against Palmer and others, defendants, for two riots in coppisa V. ' Compare this with the other ' Nine Councillors and Judges ' charges, ante, pp. 19, 56, 101, 106, were present. Wot 159, 161, 185, 263, 300, 326, a,ndpost. B B 370 iLfg; aatportfs "Htl Caeesi 1603 carrying /erne or ' haie ' in the night time with a multitude of seven or eight, [armed] with pike staves and other weapons, and in beating the plaintiff and his wife, and the second riot Arrest in in arresting and striking the plaintiff in the Church and clmrch 3'ara " o j. on Sunday churchyard on the ' Sabaothe ' day in the time of divine service. It seems that as to the title, it was not greatly material, for the defendants, by their Counsel, Eandall Crewe & John Walter, showed that the plaintiff has no title, and that the defendant Palmer has a title from the Com- mittee of the Ward, and that there was a decree and an injunction out of the Court of Wards against the plaintiff, the which he contemptuously disobeyed, and that the defendant had trial with a verdict and judgment for £8 damages against the plaintiff for the same assault and battery, tried before the Lord Chief Justice Popham, and all those then gave evidence, and that the plaintiff was a ' lewd & contentious fellowe ' ; and to prove this they showed a certi- ficate of divers Justices of the Peace and other gentlemen testifying this ; which the Lord Chancellor greatly disliked, and he said that ' he neuer saw theise testimonyalles speede well.' Also on behalf of the defendant they took exception as to the second riot that the bill is indorsed on the 'backside ' "E* the same 23 Nouembr. 22 Elizab." a thing of new use, ' & the bill complaines of the 2nd riote done the 21*'' [sic] of June nexte before,' and the proof is for a riot made in June, 23 Elizabeth. For which the Lord Chancellor found great fault with the ' Counsellors,' and advised them to insert the particular day and time without any manner of reference or relation. Sentence As for the Sentence of the Court, the defendants were acquitted by Cesar, Coke, and Zouche, and by Parrie ' were condemned only in 40 marks for the second riot. But by i^p. 3S3] Lord Chief Justice Flemminge, the Bishop of London, the Lord Privy Seal, the Archbishop of Canterbury and the Lord Chancellor, the defendants were condemned by three of them in 100 marks apiece, and by the Archbishop and tlie Lord Chancellor in £100 apiece, and imprisonment. And ' Thomas Parry, Chancellor of the Duchy of Lancaster. in Camera ^tellata 371 it was ruled by the Lord Chancellor that, notwithstanding the Court differed in their sentence, yet the defendants are iined, for £100 includes 100 marks, and such is the course of the Court. And it was also ruled as the course of the Court that if divers defendants are named in the bill and process is prayed against all of them, all those who are not served with process may still be examined as witnesses. But Lord Cooke condemned the acting in the night, which is a time of rest, and lawful things cannot be done in the night, as for instance, a man cannot distrain for his rent in the night, and if a man travel at night and be robbed, the country shall not be charged. And as to the profana- tion of the Sabbath day (for both the riots were made on the Sabbath day), and in the church and cemitary, which are sanctuaries and the places for prayers and places of rest for the bodies, which were and will be temples of the Holy Spirit, the law forbids ' chidinge, quarrelling, strykinge, buying & selling in Churche or Churcheyarde, 5 E[dward] 6, cap. 4 ; ' brawling in Churcheyarde ' is a great offence, and excommunicates ipso facto ; if he lay violent hands ' to strike, or drawe any weapon, in churche or churcheyarde to lose one eare ; if he haue none eares then to be marked in the Cheeke w* a letter P.' Die dominico cessat vox pretoris : & in some cases words or the holding up of the hand make an assault ; qui primo per- cutit, aut ictum dat, incipit rixam. vidtus, visus, gestus, instruunt iudicem. And the Lord Chancellor said that in all courts, when he meets with one who serves process in a church or church- yard, ' he layes him by the heeles.' A special bailiff ought to show his warrant for arresting BaiujEs a man, but otherwise in the case of a bailiff known, as appears by Lord Cooke's Eeports. Lord Cooke said that he did not wish to be both Judge and witness, but he knew the plaintiff to be a lewd fellow. And the Lord Chancellor [p. seo] said that he would not now be muzzled by any former verdict, but his tongue should speak freely what his heart ' See ante, p. 337. 372 itegi jaeportes trel Cages odf 12 ^°*^ conscience thought ; and in some cases time is material, and the defendant ought to take advantage of this in pleading, but in this case it was not material modo constat de facto : the riots were proved by the confessions of the defendants themselves. And so sentence [was passed] upon them as above. 1608 Jn Camera ^tellata, coram ConsiUo ibidem, adonque present, Lo. Chauncellor, archeuesque de Can- terberye, Lo. Priuie seale, euesque de londres, Lo. Zouche, ambideux Cheife Justices, Justice Yeluerton & S'' Julius Cesar.' Case of Cause of hearing, three Aldermen of the City of Gloster,^ the three . . ^ . Aldermen plamtitfs, and Machin and Bruster, sons of two Aldermen GLOUCESTER of Gloster, and seven others, defendants, for publishing and I'ibei dispersing an infamous libel against the plaintiffs and their wives, persons of honest reputation, good fame and credit, and great value. They proceeded to hearing on the defen- dants' own confession, but did not sentence any of them for making, contriving or devising the said libel, for it was ruled by the Judges that if a defendant, in his examination, excuse himself and accuse another defendant, it is not good proof to convict the other defendant, but that if he accuse himself and the other defendant, it is a good con- viction of the other defendant also. Libelling generally was condemned as a great and heinous offence, and a breach of two great commandments of the Omnipotent, viz. : — of stealth, and of taking away the good fame of a neighbour ; and by the laws of [some] nations punished with death, for instance, by the Eomans, by the Cretans ; and by some laws with banishment and loss of lands and goods. By the ancient law of this kingdom Connitiatori luuiua exciditur, for the first offence premunire ; libelling the King or the State is treason, moiiere seditionem regni. 5 Henry VII., Bagimii's Bagnall's Case : ' if against private persons, ' pillorye, case ' No date is given ; it is pre- '' Taylor and others ; see Appen- suniably after Oct. 12, and before dix VII. V. 9. " See ante, p. 345, n. 1. m Camera ^tellata 373 whippinge, losse of eares, nailing, weare papers, confessyon in publike places, &c.' ' Publishinge or receauing sclaunderous bookes, extolling Cp- ssi] y" pope or his religion, power or gouernem'^, or aduaun- sianderouf cinge or allowinge of them, is for the firste offence pre- munire, the 2"^ treason. ' The 2 firste defendauntes, for that they were gentlemen sentence ingeniouselye borne and bredde, very younge, & Machin of the Middle temple, a studente of good towardnes & likely to proue a good member in y** Common wealthe, were spared for there Corporall punishemente, but fyned 200"' a peece, & to acknowledge there faultes at the Assises, Ces- sions, & in a publike place before the Maior and aldermen, to be bounde to there good behauioure, & ymprisoned : twooe of them that were the Cheife publishers & delyuerers of Copies of the sayde lybell were sentenced to be whipte & stande vpon the pillorye, & they & all the reste to acknow- ledge there Faultes as before, to be fyned fiftie poundes a peece, bounde to there good behauyoure, & ymprisoned. yt appeared by the opinion of the Cowrte, it seemethe to be a perylouse thinge to keepe a lybelle, especiallye yf it touche the state, or if it be a magistrate or a publike offycer to whome the same is delyuered, he oughte to examyne the matter & (if it be in his power) to punishe the same ; other- wyse w* all possible speede to acquaynte the lordes of the kinge's Councell w"'all, and not to conceale the same, or to doe nothinge aboute the same.' Jn Camera ^tellata, coram Consiho ibidem, Mer- [p. 362] curij, 9° Nouembr. 1608.' Jfo^ ^ ' A Cause of hearinge, S"^ Will" Haule,^ pi., againste haulk John Ellis, Defend*'', for lybellinge onelye by letter, John eiLs Ellis hauing sente 3 letters to the pi., subscrybinge his Libli name to them, being very obscene & wanton, & full of very vilde knauerye ; & it was resolued by the Judges that theise ' Eight Councillors and Judges ^ Sir William Hall of Kent was were present. knighted at Greenwich, July 3, 1604. 374 lies ^Kfportes tiel Castg 1608 Nov. 9 were lybelles Conteygninge matter of disturbaunce of the peace & gyuinge occasyon of breache of the same : & for Sentence this he was Fyned 500'*' & imprysonm**.' 1608 Nov. 11 ris, 5n Camera ^trllata, coram ConsiUo ibidem, Vene- 11° Novembr. 1608.' H4WAEDE ' Captaine John Hawarde,^ pi., versus S'' John Whit- WHi-raROKu broke,' for practise and misdemeanor in seekinge vndulye ^' mi'sife!'"'^ to gette the pP lande : iirste, by a mortgage for 40"- he meanour hatho an absolute bargaine & sale of 40"' lande per annum, w"" a Couenante onelye on his parte to reassure the lande againe, vpon the repayemente of the monie, to Captaine Hawarde himselfe, so he showlde haue thereby but an estate for lyfe, & a prouiso in the same Deede that yf the bailies, seruauntes, or receauors of S' John Whitbrooke were molested or incumbred, all showlde be voyde; & a bonde for performaunce of Couenauntes of the same Deede. & longe before the Daye of payemente, the Defend** arrestethe [p. 368] the pi. vpon the bonde, & layes [him] in the Common goale, & practisethe w* the Goaler that he showlde haue x"- to vse the pi. in that manner that he mighte be forced to sell his lande ; the gailer vsethe him w* all hardenes, placethe him in the toppe of the goale in December in a very colde roome buylte of stone, & sufferethe him not to haue eyther Fire, candle, bedde, or strawe to lye vpon, nor for 5 dayes either meate or drinke, no, not the kinge's allowaunce of l"* per diem to eache prysoner ; in so muche as he had Famyshed, but by the deuyse of a Corde he had some small thinges Conueyghed to him by a poore wydowe, & was forced to drinke his owne vryne : & so kepte him in pryson for the space of twooe yeare and a halfe ; & when the monye was to be tendered, he sendes a Cople w"" a letter of ' Eight Councillors and Judges were present. ^ Sir Jolin Hayward of Salop was knighted at Windsor, July 23, 1609. '' Sir John Whitbrooke of Salop was knighted at Gieenwioh, June 12, 1604, 1610, Mar. 19.— Grant to Clement Corbet of the benefit of the recusancy of Sir Jolm Whitbrookof Bridgnorth, CO. Salop. State Papers, Domestic, James I., vol. 53, no. 21. in Camera ^ttllata 375 Attornye to receaue the same, but gyues them no auctoritie senteDoa to reassure the lands. ' For theise offences he was Fyne a 1000"- & 250 "■ dammage to the partie, & he to haue his lande againe, the Defend'^ to be bounds to his good behauyoure, & ympry- soned ; & the Lo. Chauncellor gaue a good charge to all Counsellors at the lawe to haue Care of there Clyentes' Causes, for they must yealde there accounte to god at the laste Daye, & to beware how they be of Counsell w"" suche manner of Conueyghaunces. ' The Lo. priuye seale woulde gladlye haue excused the defend*^, being his seruaunte and one, as he sayde, that deserued well and had many good partes, but he was now to iudge secundum allegata et probata, et non secundum optata.' ' hi Camera ^tellata, Martis, 14 Febr. I6O8, ter™ 1,608-9^ Hillarij, le prochein iour puis le terme, adonque presente [p. 364] Lo. Chauncellor, Lo. Tresorer, archeuesque de Canterbery, Lo. Zouche, Herberts, Cesar, touts les Judges. ' The Lo. Chauncellor onslys mads a speache to the ^^^1^°^^ Judges that yt was his Ma**^'^ expresse charge that the '^'^^'^oto Judgss showlds haue greate Care in there Circuites to mainteine the kings's psace & to punishe all malefactors, to looke Carefullye to the Justices of peace that they be diligente & circumspects in there places, for there are some that are not sworne, & most of them neuer studye there oathes.' ^ ' See Coke's Reports, vi. 481. It of the MS. does not appear that John Hawarde, '' Compare this with the other the plaintiff in this case, was any charges, ante, pp. 19, 56, 101, 106, relation to John Hawarde, the writer 159, 161, 186, 263, 299, 326, and 367. Chancellor's charge to the Judges APPENDICES 379 APPENDIX I The Navigation of the Biver Lea Page 10 ' Bepoee S'' John Popham, knight, L. chieff Justice of England, ^p^* ser-^ and S'' Edmound Anderson, knight, L. Chief Justice of the in Fieete- Common Plees, sitting to here prooffes for the right of the Lune vj" ate passage w* barges vppon the Eyver of Ley from Ware to the i.%<. Tames, and of the convenience and inconvenyence w* the vsage ^'""' ^''' thereof for most parte of xx''« yeres last. It hath benn well proved by the Plt^ and confessed by the The Eyver -*- -^ *' proved and Deff'^ that the Eyver of Ley runninge from Ware to the Thames confessed to is an auncyent navigable Eyver and one of the great navigable and so vsed Eyvers of the Eealme, and that there hath benn common and xvij^^yeres contynuall passage vppon the said Eyver -w*'^ Barges by the space yeres St" of xv]""^ or xvij"^ yeres vp">in xx'^'^ yeres nowe last past through S'' Edward Dennye's newe Locke, and that the Bargemen have had hbertie to pull vpp and passe throughe the olde locke if they coulde not passe through the newe. But it is obiected by the deff'^ that the great streame or Eyver a qiiestiou runninge along close to the towne of Waltham Abbey should not be the auncyent Eyver of Lea, but that the little streame w"^ runneth to Chesthunt myll and so downe to Smalley bridge alias Smalling bridge should be yt. And by waye of argument to maynetaine there said allegacion, The pm"' the said defP'^^ sale, w*''out shewing any proof for it, that the auncyent navigable Eyver of Ley should devyde the Sheres of Essex and Hertford, and that the streame that runneth to Chest- hunt myll and Smalling bridge is the streame vi'^^ devydeth the said Sheires and therefore is the auncyent Eyver of Ley, and that Smalling bridge is in Waltham and is the bridge w'^'^ is called by the Pl**^' the highe bridge in Waltham Hollyorosse. The pl*<=*' sale that the towne of Waltham HoUycrosse is the The vi"'' inhabited towne of that name w*'''in the parish e of Waltham in 380 9[pi)aitii]c fi the Countie of Essex, soe called to distinguishe it from Waltham Cruois otherwise called Waltham Crosse -w'^in the parishe of Chesthunt in the Countie of Hertford. And to prove that the navigable Eyver of Ley runneth and aunciently hath run to the said towne of Waltham Sancte Crucis, they prove that there was a Commission xxix" Edwardi tercij to enquire of the annoyzaunces in that navigable Kyver by theis wordes In aqua vocata la Ley que currit a villa de Ware vsque Waltham Sancte Crucis. And by an Inquisicion taken by a presentm' of a Jury of Essex made by vertue of the said Commission it appeareth that the said streame that runneth to Chesthunt Mill, where the J)efftes -woulde lay out the said navigable Eyver, was then but a Ditche running out of the Eyver of Ley to the Myll of Chesthunt conteyninge xvj'^"^ foote of bradthe ad magnam diminutionem dicte aque, wherby it appeareth plaine that that Eyver w"='' the Defft's -woulde nowe have to be the navigable Eyver of Ley was not then taken to be the navigable Eyver of Ley, but was pre- sented to be a hurte to the Eyver of Ley for taking to muehe water awaye. Item, it appeareth by the same Inquisicion that the navigable Eyver of Ley did then run downe beneathe the said Chesthunt Myll ditche by Hallifeilde in the parishe of Waltham Sancte Crucis and by Netherlock w'^'' is the locke in questyon and soe to Waltham towne and to the highe bridge of Waltham by theis wordes inter alia ; Johannes de Gulford habet in Hallifield in parvchia de Waltham vnum fossatum currens extra transitum dicte aque de la Ley ; in villa de Waltham iuxta le Netherlock sunt diw monies de arena in medio aque de la Ley et impediunt transitum navium ibidem; Thomas Spalding habet vnum gradum a domo sua in la Ley que potest impedire transitum navium. Item Bicardus Collworth fecit purpresturam in dicta aqua de la Ley iuxta altum pontem de Waltham ad magnum impedimentuin transitus navium. By this presentment that Spalding had made stares from his howse into the Ley to the hinderaunce of passage, it is very manefest that passage of vessells was in the Eyver of Ley that runneth by Waltham Sancte Crucis and under the highe bridge there, for that at or nere Smalling-bridge ther neither is nor was ever any howse. By an other Inquisicion taken by vertue of the said com- mission at Waltham Crosse by a Jurye of the Countie of Herts, it was presented as followeth by theis wordes, inter alia : Item le damme mowthe molendini de la Chesthunt mylle est maioris g[pptnbi)i: 5 381 latitudinis quam antiquius esse solehat, de latitudine xvj pedum per quod, &o. By this it appeareth plainely that the streams that runneth to Chesthunt mylle is but Chesthunt mylle dam and not the navigable Eyver of Ley, and it seemeth that the navigable Eyver of Ley in that place devydeth the Sheeres, because the Jurors of both Sheeres did present the fault of Chesthunt myllstreame. It is also presented by the said Jury of Herts in theis wordes : Item est in predicta aqua contra solum dioti Abbatis apud le Netherlock vna insula magna per quod, &c. By this it appeareth that the Eyver of Ley is found by the Jury of Herts, like as it was by the Jury of Essex, that the navigable Eyver of Ley did run by the Nether locke nere to the towne of Waltham Sanote Crucis, w* is the Locke in questyon, and it seemeth by the pre- sentment of bothe the Juryes that the Eyver in that place devideth the Sheres. By the same Inquisicion it is also presented thus : Item est in piscaria Abhatis ad caput ville de Waltham vna fraotio in aqua per quod cursus aque de la Ley maxime impeditur. By this it appeareth plainely that the very inhabited towne of Waltham Sancte Crucis is ment and not the large parishe of Waltham. By an Inquisicion taken tx\.]^° Edtuardi quarti it is presented by a Jury in the Countie of Hertford that the heade at the entry of the Abbott of Waltham's Myll, where water goethe out of the king's streame, is of xvj foote broadewher it should be but fower foote, by the w"'' the king's streame is sore hurte. Also the said Abbott hath a locke w'=^ is but xv"^ foote broade where it should be xviij'"' foote, for which cause it must be broken vpp, for it is great Jeopardy to all manner of Barges and boates that goe vppon the water there ; by this presentmente it is also very manifest that the navigable Eyver of Ley did run the same waye that the Pl"'^ affirme, viz : to the locke in questyone and to the highe bridge of Waltham Sancte Crucis w'^'^ was riotously throwen downe by the said Deff'<=', and that the same Eyver or some parte of it at the same locke was taken to be w^'^in the Countie of Herts, for that the Jury did there present it. It is also presented by the said Inquisicion that there is a bridge in Waltham called the Highe Bridge w*''in the liberties of Chesthunt v)"^ must be made newe, for there maye noe bardge passe except that the bridge be made in height that the barges maye goe there w*out any letting, or ells that there be a man reddy to drawe the same bridg att all times w^'out any charge of the Passengers or commons, for the streame oweth to be free 382 ^penliir ff ■w**'out any Custome or dutie taken at any place in the said water, and there the Passengers be compelled to paie a Dutie for drawing of the said Bridg by the w"*" there shall growe a dutye and a charge to the passengers and the Country, wheras ther oweth noe such to be. Also beneath the said bridge in the Eyver there benn certaine stakes, hyees,' &c., w* noyeth the kinge's streame sore, w'='^ must be pared, rydd and scowred by theis persons following every man during his grownd (that is to saie) Conesby of London the holder of the next tenem*, &c. By this it appeareth plainelie that the high bridge in Waltham pre- sented by this Jury is the same highe bridge that standeth over the navigable Eyver of Ley, and was late layed lowe by the deff'^'. And wheras the DefP^^ doe obiect against this presentm', that Smalling bridge that standeth vppon Chesthunt Myll streame is higher then the bridge in Waltham towne and is also w^^'in the parishe of Waltham and standeth vppon the Eyver that devideth the Sheeres, therefore this is Waltham highe bridge presented by the Jury. This obiection is allreadye aunswered fully by that w°'^ goeth before, and is further aunswered thus, viz. that Smalling bridge was ever called by the name of Smalleybridge alias Smallingbridge and is knowe by that name onely and not by the name of Highebridge and is wholy w'^'in the Countie of Hertf. as by a Collection made w^^in late yeres for the repaying therof w*in the Countie of Hertf. by order taken amongst the Justices of that Shere, and as was testifyed before yo'' LI' by the viocar of Chesthunt, and it is further manifested that the Jury might well present the Highe bridge in Waltham towne to be w'^^in the Liberties of Chesthunt for that the parislioners of Chesthunt haue of longe time and still doe pretend that theire liberties doth extend to that Bridge and that they have gonne thether w* there presession of late yeres, but there is noe meaninge nor necessarye to take know- ledge of theire controuersye, because it is not materiall to the proof of the navigable Eyver of Ley ; But to make the matter plaine that th'other is the navigable streame and not this small streame that runneth to Chesthunt mylle, it hath bene suffici- entlie proved by the presentm' aboue mencioned and many others that vessells haue passed vppon the Eyver of Ley from Ware to the Thames, but none coulde passe through Chesthunt Myll streame by reason it is but a shallowe narrowe ditche and by reason that the Myll dam of Chesthunt Mylle standeth crosse the streame, soe that noe vessell be it never so little coulde ever passe ' Qy. hays, hedges. quinti appentri'r I 383 that waye, and therfore the passage was vnder Waltham highe bridge, and throughe the olde locke otherwise called Netherlocke of Waltham, as is before alledged. The Comission of Sewers directed to the L. Treasurer and others Anno xvif d"" Begine nuiic Elie. for the scowringe of the Eyver did declare the Eyver to runne from Ware to Waltham, from Waltham to Templebridge, from Templebridge to Bully- fant, and from thence to Clobbes Hill, and from thence to the olde Forde and soe to Bowebridge and to the Locke, and soe to Leymouth to the Eyver of Thames, w* Comission was made by former Presidentes and sufficient proves [proofs], and it is to be gathered thervppon that the course of the auncyent Eyver of Ley was lymitted to runne by places of name standing vppon it, and not by parishes, in w* sence Waltham is to be taken for the very village or towne through w* the Eyver runneth, and not for the whole parishe of Waltham, and in none of the olde or newe Inquisioions the Eyver of Ley is declared to run through any parishe but is called the water of Ley in the Counties of Hertford, Essex and Middelsex. Quequidem aqua se ducit a Cnmmusio ponte ville de Ware vsque ad aquam Thamisie. The Jurors of the Counties of Essex and Hertford that were charged to inquire according to this last Commission have presented the Eyver of Ley that was navigable to goe through Waltham locke and Waltham high bridge according as other Jurors had donn before and as it is nowe alledged by the ■pl^"^. The owner of the Manno'' of Theobaldes paied xxvj' viij'^ per annum to the L. of the Manno'" of Perryers for the course of the water goinge throughe his grounde from Ley to Chesthmit Mille vntill both the Manno''^ came to my L. Treasurer. It is alledged in the bill of Compl* in the Starr chamber that the locke and bridge wher the Eyottes were commytted doe stand vppon the Eyver of Ley, and the deff"^^ doe not denye the same, and some of them, namely, Henry Cokarelle, Myller of Chesthunt Mylle, and Ealph Curie of Chesthunt, beinge examyned vppon the Eyott doe eonfesse that they thinke the said Mylle and highbridg doth stand vppon the said Eyver of Ley, and Thomas Eobynson of Waltham Hollicrosse, one other of the Deff*''', confesst vppon his oathe that he knoweth the Eyver of Ley, w* is her Ma*^'^ Eyver, and saiethe that the highe bridg in Waltham doth stande over the mayne streame of the said Eyver, and Eob'« Browne of Waltham Hollicrosse, one other of the Deff*^=, age Ixv yeres, saieth vppon his oathe that he knoweth the Eyver of Ley, w'='' he taketh to be one of the 384 aippenlitjr I Towchinge the bnrthen of Sliutes and barges ; obiections and aunsweres greatest Eyvers of the land, and that the highebridge in Waltham dothe stand over or vppon the Mayne streame of the said Eyver, and that the olde locke w* is aboute three q''ters of a Myle beyonde Waltham, -w"^ of late hath benn stopped, did stand vppon the Mayne streame of the Eyver of Ley. By an Inquisicion taken apud Waltham sanote Grucis in Com' Essex anno quarto Henrioi viif' coram Henrico Frowicke, Escaetore, &c., virtute officii sui, remayning in the Exchequer, it is presented inter alia thus : Quod Abbas exempti Manerii Sancte Grucis de Waltham et eiusdem loci conventus sunt seisiti de Manerio siue dominio de Waltham sancte Grucis in Gom' predicto, &c., Et dicunt vUerius iidem Juratores quod predictum Manerium siue dominium de Waltham Sancte Grucis extendit se per metas et hundas, viz: a quodam ponte vocato Smalleigh- bridge que est in confinio Gom' Essex' et Hertford' per parva^n riperiam ibidem vocatam le Smalleighe quequidam riperia est de parte occidentali in extrema parte Gommunis Marisci de Waltham predict' , &o., Qiiiquidem mariscusiacet departe orientali dicte parve Biperie et sic predictum Manerium siue dominium se extendit in longitudine per parvam Biperiam predictam vocatam Smalleigh et vsque ad pratimi vocatum Frithey, &c., and it is plaine that vessells called ' Cimbe ' then passed vppon Highe Leigh, wherevppon it may be neoessarilye concluded that they passed through the olde locke and the highebridge at Waltham Hollycrosse where tlie passage hath benn lately stopped by force, for other waye they coulde not passe. This Inquisicion beinge taken for the benefitt of the Abbott of Waltham and noe doubte by his privitye and good lyking, ioyned to the other proofes maye suffice to satisfye S'' Edward Dennye, knighte, who hath the Manno"" of Waltham w* hke liberties as the Abbott had, and may move him to desist from theis wronges and yelde to right. Wher it was alledged that certaine vessells called Shoutes, ■jych were proved of aunoient time to have passed downe the Eyver, were of very small burthen, it was proved by Eecordes that in kinge Edward the thirdes time ther passed three Shoutes downe oarryinge xij loades of tymber, w* is fower tonne to a peece, and in kinge Henry the fowerthes his tyme a Shoute carryed xij tonne of tymber atte one time downe the Eyver, and the barges lately passinge that waye be some of sixe or seaven tonne burthen, and some of lesse burthen and yet doe passe w"^ a shallows water. aypentiiif 5 385 It was alledged by the Deff*^' that allbej't the Eyver was Towci.ing navigable, yet it was not lawfull for the Bargemen to goe a lande BargH °ob- to towe there barges. To this aunswere was made that the aunswere" Eyver being one of the great Eyvers of the Eealme hatli such liberties and priviledges as other great Eyvers haue, and that Bargemen and keelemen have allwayes vsed and do goe a longe by the bankesside to drawe there vesselles by the Eyver of Thames, Severne, Trent, and the Eyver betweene Wisbich and Cambridge, and all other great Eyvers, and in some planes they vse the helpe of horses to towe vpp ther vesselles and that the like libertie is allowed to all the navigable Eyvers in Holland and Zeland and all forren partes. The aucthoritie of Braoton that the vse of the banckes of Eyvers is publique de Jure gentiutn like as of the Eyvers themselves, and also the aucthoritie of the booke case in the time of kinge Edward the fowerth that alloweth Fishermen to goe a lande vppon any man's grownde to drye ther nettes because it is good for the Common welthe, were alledged. It appeareth by the said Inquisicion taken in kinge Edward the fowerthes time that the owners of the ground one either side of the Eyver should take awaye all the trees, busshes and hedges grov?ing vppon the banke of the said Eyver w<='' could serve to noe other ende but that the Bargemen might goe vppon the banckes to towe there barges. It appeareth also that the Lord Treasurer and others late Commissyoners of Sewers attend- ing vppon him, following that example, caused all the trees, willowes and busshes, and other ympedym'^ vppon the Eyver banckes to be taken awaye, and bridges to be made over themouthe of Millstreames for the Bargemen to goe along the banckes and towe there barges. And it is alledged that for asmuch as it is vnpossible to carry vpp barges or boates against the streame w"' owers [oars] onely that be of any convenyent burthen, nor all- most any other w* any convenyent nomberor in any convenyent tyme, and for that vessells w**" good burthen haue allwayes heretofore passed vpp and downe the Eyver as is afore proved, therefore it cannott be but that they were towed. And lastlie it is said and cannott be denyed that the Bargemen going one land one the bancke side to towe ther barges and keeping one pathe can doe but little or noe hurte to the land. The De£ft«= counsell said that they would sale nothing Thccon- towching the conveniencye or inconveniency of the passage but M^incon- leave the consideracion thereof to the LI' [Lords] the Judges.' veniency State Papers, Domestic, Elizabeth, vol. 248, no. 97. C C 586 APPENDIX II Gresham v. Marhham Pages 22, 26, 29, 64, 94 1595 ' Eight Honoeable, my dewtie in all humillitie remembred, when in the oawse of the Lady Gresham, consernenge the Annuyties graunted by S"" Thomas Gresham, I am depely chardged, and was drawen into the same by the means of S"" Thomas Eeade and his mother for the vse of the said lady Gresham, and by reason thereof haue disbursed and laide oute to the vallew of Fiften hunderyfch poundes, And now bothe my self and others towched in credytt by the informaoion of moste lewde and slender witnes ; The cawse heinge weightie my meaneinge ys, right honorable, that yt might be couered and ended w* pacience, wherein all parties maye have their desyer, and myself eased and releeved, as to yo"^ honorable consideracion in Justice and charetie shalbe thowght convenient, to whose Judgement in all respectes I will submytt myself, beinge sory that I did not acquaynte yo"" hono"' soner herewyth, then yt had never come to this extremetie ; Therefore, yf yt maye please yo'' bono'', or who you shall ap- poynte, to looke into this cawse, I do verely thincke that bothe my lady gresham, and all hers, and my self, my poore children and frendes to the nomber of Forty persons who are lyke to peryshe and be distroyed by reason hereof, shall haue more then cawse not onely to pray for yo'' bono'', but be bounden in all dewtie to the same duringe o'' lyves. Cravinge pardon for my boldenes herein, do beseche almightie god to prosper yo'' bono"" in all yo'' procedinges, this v*'' of december, 1595 Yo'' hono'''* moste humble to commaunde Eg : BouTHE. To the right honorable S'' Eobert Cicill, knight, one of her ma*<='^ moste honorable prevy counselle.' State Papers, Domestic, Elizabeth, vol. 255, no. 4. ajjptntri'r M 387 ' The Humble Pbticion of 1596 ? John Maekeham th'eldee. The cause or grounde. S^ Thomas Gresham, knight, did make a marryage betwene the sayde Markham and Anne Hurst, his servantes, and in con- sideracion thereof did giue and graunte vnto them cxxx'- for 99 yeares and a bonde of M* •*■ to paye vo'- the First of February, 1596 ; and in the first graunte was mencioned to the childe she then went with, were it mon or woman. That S"" Thomas Gresham bounde Markham by obligacion in a greate penalty to marry her by a daye, w"'' was performed. The childe was a boye, called John Markham the Yonger. To whome S'' Thomas Gresham did giue and graunt when the boye was almost thre yeares of age. Two seuerall Annuityes at sondry tymes for vjc'- per annum for 99 yeares from the decease of him and Dame Anne his wyfe . With a prouiso or lymitacion, That yf the sayde S'' Thomas Gresham at the tyme of his decease sholde haue issue male or female of his body lawfully begotten. That then all the annuityes and bonde to be voyde. That S'' Thomas was benefieiall to them duringe his lyfe. That S"" Thomas frequented at tymes the company of the sayde Anne Hurst vnto his decease,' w* was almost thre yeares after her marryage. That S'' Thomas deliuered those deedes, acknowledged the 5 July a" 21 E. [1579], to the handes of the sayde Anne Hurst the same daye after he had acknowledged the same before Doctor Mowse. The practys for the overthrowe of the sayde deedes by a supposed forgery. Thomas Crosse, prest, Eichard Bilbroughe, vintner, two com- mon cosoners, and men of very lewde behauio"'. The sayde Crosse and Bilbroughe aboute two yeares past, beinge acquainted w* the sayde Markham th'elder, came to the sight of some of the sayde deedes. They searched two dayes in the notarye's booke that made the deedes. They caused a falce entry to be made in another scryveno""'* booke of the bonde of vc'-. They caused a falce informacion to be drawne in the lady ' He died Nov. 21, 1579. 388 apptntii): M Gresham's name, and yett did not knowe her name, neyther was she acquainted therew*. That Markham can neyther wryt nor reade. That they w*'' S'' Thomas Eeade, knight, deceased, vsed all meanes and devices to bringe Markham w*in the compas of the late robbery of the Lady Gresham. That S^ Thomas Eeade graunted his warrant vnder his hande to apprehend the body of Markham vpon state and treason. That Markham by virtue of the sayde warrant was taken cute of his bedde at midnight and brought to S'' Thomas Eeade, who kept him two dayes close prysoner, examyning him onely touchinge the sayde deedes, supposinge by this practys to gett them. That S'' Thomas Eeade comytted the poore man close prysoner in Newgate w*oute baile. Crosse caused a seale to be made in Aprill, 1594, w"* a gres- hopper.' Crosse was- the first setter of this practys who brought Bilbroughe into the action. That Bilbroughe hath confessed forgery and that he forged the deedes. The one was appoynted to confesse forgery, and the other to witnes. What rewardes, bondes and promyses were giuen and pro- mysed by S'' Thomas Eeade and his mother and others for the effectinge of this practys, lett the witnesses declare. What rewardes and promyses were giuen and promysed by S"^ Thomas Eeade and his mother to one Eichard Charles aboute this practys, beinge one of the witnesses, is very shamefull. Also what imprysonment and other devices were vsed to take awaye the testimony of one Thomas Manson, beinge a witnes, wilbe proved. The proceedinges of the cause in this honorable Courte. First, the sayde Markham th'elder in the beginninge of Easter terme last ehibited [sic] his bill m to the Starr chamber against S'' Thomas Eeade, Crosse, Bilbroughe, and their consortes. Within few dayes after yt pleased her Ma*^'^ attorney to send for Markham and examyned him and commytted him and his soliciter close prysoners. Also, vpon a mocion made by M'' Attorney, the bill of Mark- ham stayed and no proceedinges. Then yt pleased M"" Attorney, aboute x or xij dayes after he had commytted Markham and his soliciter close prysoners, to ' The Gresham crest. appfntiir 55 389 cause a erosse bill in the Lady Gresham's name to be exhibited in to this honorable courte against the sayde Markham and all his witnesses to the sayde deedes, and made them and diuers his freindes all defendantes. In ■w"'' erosse bill the sayde Bilbroughe was made a defendant, who before had promysed to confesse forgery, and was a defen- dant in the first bill exhibited. That Bilbroughe saieth that he forged the deedes syfchence the xxxvj'^ yeare of her ma*'''^ reigne [1593-4]. And yett the La.dy Gresham and M'' Eeade w*Wn v or vj yeares past sent diuers to Markham for the buyinge and takinge in of the sayde deedes. That Markham, his wyfe and children, haue lyved theis v or vj yeares only vpon such monyes as they haue borrowed vpon the credytt of the sayde deedes. That theis deedes graunted by S"" Thomas Gresham haue byn seene and rede many yeares past. That Bouthe was appoynted to buy some of the deedes by the assignement of the Lady Gresham, S"" Thomas Eeade and his mother, aboute three yeares past. That M'' Eeade offered in the Lady Gresham's name MM''- for the sayde deedes. That Eoger Bouthe beinge sent for to M"" Attorney did giue him the true dates and witnesses of all the deedes, otherwise no bill colde haue byn drawne against Markham. That the sayde Bouthe was oommytted to the Fleete, vpon a contempt ignorantly oommytted, Ixx dayes, whereof he remayned close prysoner xiiij dales. That Markham remayned close prysoner aboute xix weekes. Of w""^ tyme the sayde Markham remayned in a howse of office aboute xv dayes, hauinge but a hole to take and reoeyve a peece of bred and a cupp of beere. That Markham and Bouthe were close prysoners those xiiij dayes that were appoynted for the examynacion of the witnesses. That Markham cold neyther speake w"' counsell nor freindes all the tyme of his imprysonment. And nowe this cause proceedinge to hearinge, he hath not as yett examyned any witnesses to testify the deedes nor for the layinge out of this wicked practys. The lyfe and behauio"^ of Thomas Crosse, prest. That he was the first setter of this supposed forgery. That he is excomunicated and outelawed. 390 ^pp(ntn')i- M That he is put from the ministry for his bad and lewde oon- versacion. A lewd man of his body. That he sayeth and affirmeth that he maye take an oathe to benefytt himselfe or his friende. That he is a comon eosoner and hath lined many yeares by deceyvinge and cosoninge her ma'^'" subiectes. The lyfe and behauio'' of Eichard Bilbroughe. That by forgery he hath cosoned diners of her ma'^'" subiectes before this praotys, and [it] hath byn the best part of his main- tenance longe tyme. Item, in sellinge of a howse lefte him tothre or foure persons. Item, in forginge and counterfeytinge a will. Item, in forginge the Clarke's hande and seale of the company of mercers in London. Item, that he maye be diuers wayes charged for misdemeano'' of Filchinge w'='' by the lawe is supposed to be fellony, as by a siluer cupp or boole oute of a tavorne, and other thinges elles where that he maye be charged w*. Wherefore the sayde Markham humbly prayeth to haue compassion and consideracion -of his cause and that such witnesses as he hath to produce (hauinge yett examyned none) maye be examyned for the tryall hereof, and for the layinge oute of the practys, Or elles referred to suche as the honorable lordes shall appoynte, whereby their Lo : maye be certifyed of the trothe herein.' [Undated ; ? 1596] State Papers, Domestic, Elizabeth, vol. 261, no. 46. ]g07 Grant to Edward Kendall, Deputy Clerk of the Hanaper, of °** ° the goods, etc., of John and Charles Markham, outlaws, indebted to him. State Papers, Docquet. See also Eeade v. Booth, Coke's Reports, vi. 438. Sir Thomas Gresham, the founder of the Eoyal Exchange, m. in 1544 Anne dau. of William Femely of West Creting, Suffolk, and widow of William Eeade, citizen and mercer of London. She died at Osterly House, Nov. 23, 1596, and was buried in S. Helen's, Bishopsgate. See Diet. Nat. Biog. and the authorities there cited. 591 APPENDIX III Danvers i\ Long Page 49 ' A TEUB Declaeacion of the ground of the conceaued 1595 misUke of S'' Walter Longe, knighte, & Henry Longe, gent., his Brother, againste S"-' John Danvers, knighte, his Sonnes & Followers. Firste, For y* the said Henry Longe & one Nich"' Eeade, S' Walter Longe's Servaunte, having committed a Eobberie, vppon Complainte made, weare discouered by the Industrie of the said S'' John Danvers. Seoondlie, For y' a second Eobberie was discouered by the said S'' John Danvers to be committed by one Mathewes, A yeruaunte in S"^ Walter Longe's howsse. Thirdlie, For y' the said S'" Walter Longe was by the Jus- tice of Assizes sharpelie reprehended for vndue proceeding in matter concearning the said Eobberie, vppon Examinacion taken by the said S"" John Danvers. Fourthelie, For y' the said S"" Walter Longe was by the order of the Ho. Ll^ committed to the Fleete, for his vndue Course againste the said S"^ John Danvers, for his due proceeding in Hir JM.a'^ service. Fiftehe, For y' the said S'" John Danvers as A Justice of the Peace, comytted iiij"'' of the Seruauntes of the said S'' Walter Longe, for A murther by them latelie comitted. The Abuses offered by S'' Walter Longe & his Brethren ageinste S^' John Danvers, his Sonnes & Seruauntes, in regard of the premisses. Firste, the said S"" Walter Longe, his Brothers & Followers, by manie Insolent behaviours & termes provoked & moued quarrell ageinste the said S'' John Danvers. Secondlie, the same not sorting to theire desired effecte, A Servaunte of the said S'' John Danvers was murthered by Ser- 392 aippfnl)i)r Ml vauntes of the said S'' Walter Longe's, and one other Servaunte verie daungerouslie wounded. Thirdlie, no occasion of brail being thereby taken, the said S'' Walter Longe's Brother, to give further occasion of quarrell, being gardyd w"' many of S'' Walter Longe's Servauntes, in verie disordered manner entred the howse of A Tenaunte of the said S"^ John Danvers, and in Insolent manner (w*out anie culler of occasion) A glasse of Beere was throwne in the face of the principall of&cer of the said S"^ John Danvers : Saying in derision They had nowe doubbed him a knight also. Fourthlie, S'' Charles Danvers (finding theis Insolent be- haviours offered) by gentlemanlike Letters (w^'out [anie cause ?] of offence) desired to be satisJied by S"' Walter Longe, whether the same weare done by his privitie, whereof, vppon mutual Letters passing betweene them, he remayned satisfied. Which being to the said Henry Longe knowen, and finding the same sorted not to suche publique offence as he desired, and purposing to moue quarrell, by what meanes soeuer he cared not, thereby to effecte his mallice conceaued (w*out any shaddowe of Cawse) wrote his Letters of defyaunce to the said S'' Charles Danvers, giving therein (besides manie rude termes) manie times the Lye in the throate, for no matter concearning himself, and sondrie times sending him word That wheresoeuer he mett him he would vntye his pointes, & whippe his &c. w"" A Eodd ; calling him Asse, Puppie, Foole & Boye. The manner of the Affraye and deathe of the said Henry Longe. The said S'" Charles Danvers being moued by the Continuall Extremitie & Insolencie of the said Cawses, determyuing w* some small disgrace to requite so many & greate disgraces as before offered, repaired to the place of the said Henry Longe's aboade being an Ordinary, where givmg the said Longe ij° blowes w*'' A Gudgell (w'^'outoffring any other weapon or violence) and being therew"^ satisfied, offered to departe the Chamber, but the doore being fastened by one of Longe's Companie, & himself pursued by the said Longe, and by him daungerouslie wounded in vij several places, and therew*'' faynting, S"^ Henrie Danvers, his Brother, then (& not before) comming into the said Chamber, & finding his Brother bleeding & faynting, to prevent his deathe, dischardged his Pistoll, w">out w"'^ the said S'' Charles had byn then slaine. The Indirect proceeding of the said S'' Walter Longe, since the deathe of the said Henry Longe. appentii)f m 6'dO Firste, to prevent all due & indifferent Course of proceeding for th'examinacion of the premisses, he by himself, his vncle, & Brothers in lawe (w*out anie others) hathe taken vppon them (being in nature parties to the Cawse) to examyne & sett downe the testymonie of divers verie parciall & vndue vsrittnesses. Secondlie, he hathe by one Thomas Tromplin, & Edmond Powell, his Instrumentes, practised to corrupt wittnesses to accuse your humble Peticioner w"" matters of felony, tending to the en- daungering of hir ' liffe & estate, by rewardes given & promised. Thirdlie, he hathe incyted divers Riotous persons (in moste Contemptuous & owtragious manner) to pretend tytle, & to pull downe divers Inclosures, many yeeres Contynued in & vppon the ground of the said S"^ John Danvers (himself pretending no tytle therein).' [The remainder has been cut off.] With this document is a letter from Sir Charles Danvers Sir Eobert Cecil begging his favour and countenance in the matter of the suit. It is not dated, but is indorsed " Apr. 1595," and sealed vpith a seal bearing a chevron betv7een three spur- rowels of six points. State Papers, Domestic, Elizabeth, vol. 251, no. 123. See also Some Old Wiltslvire Homes, by S. J. Elyard, 1894, p. 72. ' Dame Danvers, the plaintiff. 394 APPENDIX IV Lady Penelope Bich Page 172 Lady Penelope Eich was daughter of Walter Devereux 1st Earl of Essex, and sister of Eobert Devereux 2nd Earl of Essex, who was beheaded Feb. 25, 1001. The letter referred to in the text is probably the one printed in Birch's EUzabeth, vol. ii. pp. 441, 442, and also in Cal. State Papers, Domestic, Elizabeth, Addenda 1580-1625, p. 398, where the date is given as ' 1600, Nov. ?.' The letter is mentioned frequently in the State Papers. 1600, Feb. 8 ; Dudley Carleton to Sir Edward Norris. ' My L* of Essex came not to the Starrchamber on Wednesday, as was ex- pected, nor any extraordinary matter happened, saue onely that the Bishop of London satt there as I aduertised y'' Lp he should. The La : Eich hath written againe to her Ma"'=, but in other kind of language.' State Papers, Domestic, Ehz., vol. 274, no. 37. 1600, Feb. 22; John Chamberlain to Dudley Carleton. ' The Lady Eich hath ben called coram again about her letter, but she excused herself by sickness and (as the Scottish man says) did not compeere.' [Ibid., no. 48.] 1600, March 29 ; Carleton to Chamberlain. ' The La: Eich, who hath beene once more sum- moned to appeare abowt her letter, excused herself by sickness, and is now stoUen into the cuntrie to be further owt of harmes way.' [Ibid., no. 86.] 1600, May 28 ; Chamberlain to Carleton. ' There is a meaning to call the Earle of Essex before the counsaile and other noble- men assistants on Satterday next, at the L. Keper's ; where according to his aunswers to such matter as shalbe obiected by the Q [ueen's] learned counsaile, there is hope he may haue further inlargement. His apologie was lately printed w*^ the Lady Eiche's letter in the end, and some few of them sold, but they were presently suppressed, and, vpon search, found not to be don so much vpon frendship or faction, as vpon hope of app^ntiu* m 395 gaine : the poore Lady is like to haue the worst of yt, being sent for and come vp to aunswer and interpret her riddles.' [Ibid., no. 150.] 1601, Feb. 10 ? ; Lady Eich is a prisoner at M"- Sack- ford's. [Ibid., vol. 278, no. 39.] See Lives and Letters of the Devereux, Earls of Essex, by the Hon. W. B. Devereux, ii. 152. 396 APPENDIX V Daniel's Case Page 119 1^^^ 2 ' Know all men by theise presentes that I, Ladie Fraunces, Countesse of Essex, haue remised, released, and quite elaymed for mee, mine execute'"' and Administrato""', to my seruaunte Jane Daniell, as well the summe of eight thoweand and odd powndes conteyned in her bookes of accomptes, as also all and all manner of Actions, Debtes, Duties, and Demaundes whatso- euer from the beeginninge of the World yntil this present dale. In Wittnes whereof I haue sett to my hand and seale. Dated the seconde of May 1596. In the xxxviij''^ yeare of her Ma'' Eaigne.' Fea : Essex. State Papers, Domestic, Elizabeth, Addenda, vol. 33, no. 60. ]^°°., , ' Be it knowne vnto all men &c. That we Eobert Devoreux, April 7 ' Erie of Essex, Erie Marshall of England, and the Lady Fraunces his wief. For and in Consideracion of the true and faithfull services of John Daniell of Deresbury in the County of Chester, Esquire, and Jane his wief. . . . Have remysed released, dis- charged and quite elaymed . . . vnto the said John Daniell and Jane his wief ... all and almanner of accions, suits, receipts, . . . and acompts . . . whatsoeuer which against the said John Daniell and Jane ... we nowe haue or euer haue hadd or . . . at any tyme hereafter may haue.' Dated, April 7, 42 Eliz. 1600. This document has never been executed. State Papers, Domestic, Elizabeth, vol. 274, no. 96. 1601 Statement by G. Lisle of the facts in Daniel's case; it agrees exactly with the text, ante, p. 119. Ibid., vol. 279, no. 124. ^pptntri'r W 397 A long account of the proceedings in the Star Chamber, with leoi marginal notes and comments in Daniel's hand. These notes and comments are printed in italics and inclosed in square brackets. The remainder of the document agrees mainly with the text. It is too long to print in full. Twelve months since when the late Earl of Essex was confined at the Lord Keeper's house, bis Countess [forfeare her house shuld haue ben searched and the I'res found, therfore she delyuered them to my wyffe] gave a casket of letters [conteynyng matters of dysloyaltie d contempt agaynst her ma"^'' person] to Jane, wife of the prisoner, Daniell : he, finding the casket under his bed, secretly opened it [thys exouseth my wyffe], and took out some of the letters, intending to make gain thereof; [no such purposse , But labored to dyscov" matter of state in the I'res w"' entent to have revealed the same & soe ha^ie performed his dutie : whereof hee prevented bie the means of those that escaped vnpunished £ yeat procured me to detract my lawfull course] and took them to Peter Bales, a scrivener, to counterfeit them [w"^* he dyd the better to reade all the I'res, w°* loere xxx''-' &■ only vj brought to Bales] pretending he had been sent by the Countess ; he dictated some of the letters for Bales to copy [w"'' was fyrst done by hys greate paynes d help to reade them bie Bales' meanes <£ not of hys owne knowledge, dc], and found fault with him for not imitating the Earl's hand better, and corrupted the copies by adding thereto and forging matter in his reading, [these wordes, ' the Queene's Comandm',' dc. were then shoed to be Beesolved whether they ivere matter of State]. Subsequently the Countess sent for the casket, and missing many of the letters, she went to Daniell's house [a moneth before Bales knew of the I'res] and being perplexed lest the Earl might conceive some dislike against her for suffering his love letters to be divulged [the I'res of secresie were kept most secretly, W^* was my overthrow], she questioned Daniell and his wife about them ; they denied having them [the I'res were not denyed, but deteynyd for matter of estate], and Daniell used very discourteous speeches [no such matter nor speaohes spoken on neyther part], and pretended to be offended with his wife for keeping the casket without his privity ; but being told by the Countess that the letters were neither of importance nor dangerous to the state nor to any particular person, [both w''' was then vnhnowen, d therfore he dysyred to be truly resoulued], but that the loss thereof troubled her, Daniell pretended that he would use his utmost efforts to find them, and shortly afterwards he wrote a letter to the Countess 398 ^ppentiir W [she first wrote to my wyffe ; hee wrote to her after she had wrytten d sent dyuers messages], confessing that he had them, and that as they might greatly concern her lord, it behoved her to be careful to regain them, but that he had become very much impoverished and decayed of late, and had only about 3000Z. during his service with the Earl, he would restore the letters upon some honourable consideration of his necessity [a 1000'' offred before any such I're or demaund of 3000''- by mee wrote]. The Countess sent one of her servants [S' Edward Dyer & M' Lylle] to have the letters returned, but Daniell demanded 3000Z. The Countess herself then treated with him, but he would not part with them unless she paid him 1720Z. [S^ Edward Dyer made this Gontracte at the Countesse request and offred me 1720"], he alleging that if he carried them to Lord Cobham and Sir Walter Eaighley, they would give him 3000/. for them \no such zvords]. Not having so much money as 3000Z. the Countess was glad to Compound, [S' Edward Dyer dyd Compounde <& brought the money], but to raise the money she was forced to sell her Jewells [sould before ; Borowed of Lyngley & Grompton d S' Edward Dyer, as he totdd mee, & Peter Vandalore], and having made up the 1720L, she paid it to Daniell and received her letters ; but Daniell, thinking his evil practises might come to light, demanded a general release from the Earl and Countess [a Belease was offred before any money payd], so as to prevent any danger that might ensue. All this plainly appeared to the Court, both by the prisoner's writing [not one worde of my hand wrytinge tuching the Belease] and his confession [tior no word confessed But I could have dysproved by good matter, yf I had been duly dealt w"' all], and he was unable to defend or extenuate his offences [because yt lay in matter to bee prooved, m)"* could ?iot be obtayned, for I was both denyed Gounsell & prouffe]. The Court asked if there was any truth in his speeches against Lord Cobham and Sir Walter Eawlieghe, and he admitted his report [7iever reported nor spoken by me] to be most false and slanderous, for they never offered him any money. It also appeared that Daniell had lately written a letter to the Countess impeaching her of some supposed unkindness towards the late Earl [she knowes this matter to be most true]. The Attorney-General remarked on Daniell's treachery, being a servant to the late Earl [noe servante of two yeares before but retyred vpon just cause of dyscontent & vnconstant dealing both bie th'erle and hys Gomitesse]. The late Earl, at the time of his arraignment, pretended that the aforesaid letters had been forged and appfntii): 2F 399 counterfeited [th'erle's letters were truely wrytten d not countar- feyted ; but ymytated for the Queene's servyce, from W'' he was w"'drawen hie the Countesse & her friends'] by his adversaries, ■whereas it now appears to have been done by his servant, Daniell, and therefore the imputation which the Earl endeavoured to lay upon others was most unjust [he had no better pretext to color his treasons, W^'' at his death hee confessed to bee false ymputa- cions, as appeareth by M' Barlowe's sermone, w"''- proueth that Danyell was made an instrumen' to excuse others], and ought to have been imposed upon the prisoner, on whom the Attorney- General prayed for some extraordinary and exemplary punish- ment [my vniust desartes in seehyng to discoW the truth, & meanyng to reveale the same to her ma''" as afforesayd]. The Court, considering the heinousness and falsity [made falsetie in poUicie] of his offences, sentenced Daniell to a fine of 3000Z. and imprisonment in the Fleet Prison for life, [w"'' I thinhe to bee an vndeserued censure] ; and pitying the wrong and injury which the Countess had sustained, [greater wronge done by her to mee], cleared her ftom aU suspicion of any ill intention towards the Earl [the effeote of her aotyons haue proued contrarie] ; and stated that they could testify of their own knowledge as to her true and honourable regard for him, [but after hys death she dyd sho some unJcyndnesses agaynst the Ea^-le's chyldren].' [Indorsed] ' Cossyne Danyell, yf you can Contryue this Censure I603-4 bryflie, heare you shall fynd the Cause therof at large. But how the same may be aunswered sauflie I know not, and therefore I leave yt to yo'' good Consyderacion, For I neu'' Complayned of the Centence agaynst mee, yeat haue I Complayned aboue 100 tymes of such wronges and oppressyons as haue be Comytted agaynst me & myne synce I was Condempned, w"'' are as heavie to mee as treble the fyne. And soe referring the same to yo"" good endeavour, doe salute yow kyndlie. From my lodging neare Charing Crosse, thys xxvj*'' of Januarie, 1603. Yo"^ to hys vttermost, John Danyell.' Ibid., vol. 279, no. 126. Examination at the Fleet Prison of Jane, wife of John I601 Daniell, esquire, of Hackney, aged 86 years, and of Mary Harper ^^^^' ^ servant of John Daniell. These documents relate chiefly to the seizure and sale of the goods in the house at Hackney, and con- tain many interesting particulars. They are unfortunately too long to print here. Jane Daniell mentions among other things, 400 gfppfnbi'v w ' the Countisse of Essex picture, one Stone Einge for the spleene, an Eagle stone, and the picture of the depon''* brother in lawe ; ' all these were valued at SI. Ibid., vol. 281, no. 77. 1600 ' Be it knowen to all men by theis presentes That I, Peter '"^' Bales, of London, gent., have received divers letters from M"' oc°^ 3 John Daniell (when he was Prisoner in y" Gate house) by the handes of his servant John Lewys : In some of w* letters he charged me as a Christian to manifest my dealing w*"^ him in the late Earle of Essex letters : Therefore I will trulie discharge my conscience, as followeth ; First, M'' Daniell repaired to me about this busynes in the begyning of Lent 1599 : And after at severall other tymes he brought me 5 or 6 letters, directed from the said Earle to his Ladie : for reading & writing of w<='> letters, he came to me divers tymes within the space of three weekes : And be- cause I coulde not reade those letters perfectlie, I endevoured first to conceive them myself : And after I taught M"" Daniell to reade those letters so well, that he dictated some of them as they were copied forth : w'^'' copies I did not imitate so neare as I could, though he gave me xij d. for everie copie. For I ment rather to have charged a Constable w* hym, if I had found matter of treason in any letters : w*^*" I something suspected, because there was conteyned in one of the letters, theis wordes, or the like in effect : The Queen's commaundem' may hreahe my neck, but my enemies at home shall neuer hreake my harte. W'^'' letter was directed from the said Earle in Ireland to his Ladie in England : and dated in August before his coming thence. Then followed that I at M"^ Daniell's request wrote that letter divers tymes ouer : By reason whereof, those wordes were sundrie tymes inserted into divers Copies : For it did conteyne some matter more then the rest of the letters he brought to me ; and was as hard to reade as any other : So that out of that letter, and the other letters, I wrote above a doozen Copies at seuerall tymes when he came to me : Nevertheles I did insert no words into any of my said Copies that could be preiudiciall to the Earle or his Coun- tesse, other then such wordes as I found in his hono'''^ letters : Albeit the wordes before remembred, & some other matf in that letter, made me thinke there might be greater matter dis- covered : But fynding no wordes of importance in any [of] the other letters w"^*" came to my handes, I desired M"" Daniell to shew why he caused me to write one letter so often over : To w* he aunswered at his last being w"^ me, that the Countesse of Essex had com- aiJpenlii): W 401 maunded him to take that course, to the end he might the hetter gull somebodye : W""* saying greatelye troubled me ; for I couldneither finde out the reason of those wordes, & his dealing with me as afore, nor yet the cause why he did not retourne to me afterward : So that being in this perplexitie, I was the rath"^ persuaded by one Peter Feryman of London, gent., to repaire to the Countesse of Essex three severall tymes before shee would be satisfied touching these matters : And in the end, at her La : request, I yeelded to conteyne such thinges in a declaracion as was then required by y« Countisse & thought iitt for her purpose : W"'' Declaracion being agreed vpon by me, M'' Feryman & Mi'Lyle, her La : Secretarie, wee all subscribed our names therevnto, in the begynning of Aprill, 1600 ; And when wee had perfected the same, they willed me to deliver that declaracion to y^ Countesse of Essex : Who vpon the sight thereof promised me goodrecom- pence for that service, when her Lord was received into the Queene's favo^' ; whereupon I delivered y^ same Declaracion to her La : Hoping the said Earle would recouer his creditt, and then obteyne an office for me, touching her Ma'' billes to be signed : w'^^ was before promised & vndertaken by his servant, M"" Wise- man, to be performed by his hono"^^ meanes : Yet notw'^'standing I fayled thereof and of all oth'' recompence for my service, con- trarie to my expectacion : So to conclude this my dealing in the premisses (for a testymonie of y'' truthe) I have setto my Seale and subscribed my name : Besides I will be readie to iustifie all these thinges by oath if neede shall require : Dated the last day of Julye, 1600. Peter Bales.' Postscript : ' Calling bett"" to my remembrance ; the said letter before recited began as followeth : Franke, I send vnto you Gujfe, my man, luhome you may belieiie in what he saith : And further in the end of the same letter, I remember his Lo : writt these wordes : viz : When yo"" bellye shalbe layd, I will prouide for yo'' being here, &c.' Ibid., vol. 281, no. 34. There is another copy of this letter, with some slight altera- i60i tions, dated Oct. 8, 1601 ; This sentence in addition : — ' And lastly touching M"" Feryman, I must confesse that he laboured me from the begynning till the said Declaracion was finished, otherwise I had never entred into this matter w* the said Countesse, being fulhe determined to haue revealed the D D Oct. s 402 ^ppflltiljt: W 1601 same to some of the privie Counsell : But I was perswaded by M"" Ferymati to geve the Countesse satisfaccion as afore.' Ibid., vol. 282, no. 3. ij™ J Inventory of the goods of John Daniel, in Hackney parsonage. Total value, including 400Z. for the term of years and next presentation to Hackney parsonage, 5101. 12s. 2d. Note that this inquisition was taken by an Exchequer com- mission, to seize the same to the Queen for a fine of 3000L Note that the said goods, &c., were sold to Ferdinando Eichard- son, Groom of the Privy Chamber, for 5301. 12s. 2d., of which he paid 232L 12s. 2d. at Michaelmas, 1601, and 981. at Michael- mas, 1602, and 2001. is still due. Some of the aiticles mentioned in the inventory are note- worthy : — [In the Parlour] Itm one greate Books Called a French Herballe, iijs. iiij(^. ; Itm one mappe of Ireland and an old Brushe, xd. ; Itm a Chest bord with the men, xijd. ; Itm one other little French hooke called the contentm*of the spiritt, vjd. ; Itm one Psalter and a Dutch hooke, ]d. ; Itm one thrummed Cushion, xvjd. ; [In the Mylke howse] Itm one vennice glasse, iiijfZ. ; Itm one saltseUer, a Mawdlyn Cuppe and a wyne Cup of pewter, sijd. ; Itm 2 narrow mowthed glasses, ijfZ. ; [In the Hall] Itm one Chaire covered w* Silke called Cavendish stuffe, and a highe stoole covered w"* needleworke, xvs. ; [In the Buttrye] one old standerd, vs. ; three staues, vjs. ; a lyttle old spinning wheele, vjd.; [In the groundes] 6 Chaldron or thraboutes of Coales called Seacoles, iiijZ. ; [In one Square White box] in goulde, yjl. 10s. ; in silver, xjs. xjd. ; one Carcanett w"" xv*° buttons of gould and pearle, xxxvijs. YJd. ; [In a blacke chest bound w**" Iron] one Childes mantle of Crimson taffata garded w*'' velvett, and a gould and silke fringe, xls. ; [In a trunke in the Chamb'^ called M'' Daniell's chamber] one nightcap wrought w*^ black silke and gould, and a purse imbrodered w''' goulde, vjs. viijfZ. ; one ould riding hood, xij(f. ; one shirte, iiijs. ; one vellett Cappe, xijd. ; one peice of Cloath rounded of a Cloake, ijs. ; 5 fallinge bands, viijs. ; one girdle, a paire of hangers of greene silke and gould, and a string of gould to hang his dagger on, xxs. ; one Ruffe with purled lace, vs. ; one Flannell wasoote wrought w*'> red Cruell, ijs. -vjd. ; one dammaske Cloake w*'^ Sleeves garded w"' vellett. Is. ; one paire of Fuger sattyn hose payned w^^ vellett, xxvjs. viijd. ; one peice of blewe cloth, vjs. viijii. ; twoe peices of Tawnye vellett, old, ^pptntii): W 403 njs. iiijf/. ; one greeiie quilted Cappe, xxd. ; [In the same Chamber] 4 pictures, xs. ; [In the studye] one hatt and one Munmouth Cappe, vs. ; 2 Eapiers, xvjs. viijrZ. ; one little Turkye Carpett, Is. ; [In M"= Daniell's chamber] 2 Bibles, iiijs. ; [In one other Chamber] twoe Muskettes and one Flaske, [inter alia]. The terme of yeares and next advowson [sic] of the parte of the parsonage of Hackney, w°'^ M'" Danyelle hath in graunte from M'' Georg Smithes, Citizen and gouldsmith of London, valued at iiij C li- Ibid., vol. 282, no. 4. Petition of Jaiie Daniell to the Council. The fine of 3000Z. i™ ^g imposed upon my husband in the Star Chamber was agreed to be paid 1200/. the first year, and then 200Z. yearly, whereupon the Lord Treasurer ordered our goods to be in safe guard, and divers evidences relating to Deresbury manor and Hackney and Minshull parsonages, and bonds for about 2000/. were to be delivered to the Attorney-General to frame a book thereon ; but while this was preparing, the SheriiJ and other officers have made prey of my husband's goods, valuing Hackney parsonage and the goods, worth 2000/., at 700/., to our loss of 1300/., which would have satisfied both her Majesty and the Countess of Essex. On Dec. 10, the Attorney-General told my husband that the Queen had bestowed 2000/. of our fine on the Countess of Essex, who was content to accept 1000/. for the same, which her secretary and solicitor confirmed, and offered to procure my husband's pardon and release from prison. He in return offered her the yearly rent of all he has left, viz., Deresbury manor and Minshull parsonage, but she wants the 1000/. within the year, which we cannot pay. He then offered her 2000/. in debts, deducting 800/. to make the 1000/. for the Queen, and 200/. to redeem him from prison, and to store his domain with cattle ; she accepted this, if the debtors would be transferred into her name ; as there are more than 200 persons concerned in different places, there will be difficulty in it, yet it was offered to be done if her lady- ship would bear the charge, but this she refused. I fear she will now urge my husband's corporal punishment, and procure a lease of Deresbury and Minshull to herself, whereby the whole family would be extinguished, and her Majesty hindered in her payments. I beg that we may be restored to our former ability, the Sheriff and his officers punished in the Star Chamber, and Deresbury and Minshull extended for the Queen. We will then perform the first agreement to the uttermost of our power. Ibid., vol. 283, no. 20. D D 2 404 gippaibt): W 1601 Jane Daniell to the Queen. Similar in effect to the preceding. ' All iny husband's lands were extended, and all his goods for the most part sould for little or nothing ; both contrary to the said L'res [of the Lord Treasurer] and agrement ; whereby my husband is altogether disabled to performe the said agrement. And yet he is threatned to have his punishment, except he will paie as much nowe they have ymbeselled his goods, as when he had the goods in his owne handes ; which is altogether vnreason- able and vnpossible, as may plainly appeare by their severall extents. Wherefore, and for that I am the daughter of one Ryhova, Governor of the Cittie of Gaunt, who most resisted the Spanish tyrannic in Flanders my native contrey, from whence I am exiled for that Faith which your Highnes defends : and nowe am vnder the wings of your highnes blessed harbor, where I cannot live nor contynue without your Ma'^ Protection. And forasmuch as I am dailie afflicted by the Countesse of Essex, whome I have served most faithfullie (as my Saviour is my witnesse), and yet because we are not able to paie her La? 2000"- of your Ma*' said fine so speedelie as she would, therefore by her frends she hath not onely overthrowne the said agrement, to your Ma*^ great hyndraunce, and my vtter vndoing ; but also found meanes to cause my poore Children to be turned out of the Personage of Hackney, and procured others to take the same over their heads, and so to leave them in danger of beggerie ; vnlesse your Ma''« of your accustomed goodnes wilbe pleased in some sorte to raise vs vpp againe, by granting me and my foure small children (before a stranger) the said Personage and lands, with the rest of my goods, as they are valued and extended, together with my husband's free pardon. And he wilbe readie to doe your Highnes such good service as may be greatlie for your Ma'^ benefitt. And according to our bounden dueties, we shall dailie praie to God for your Ma*' long and prosperous Eaigne over vs. Your Maiestie's most distressed Subiect, Jane Dan yell.' Ibid., vol. 283, no. 21. 1602 Petition of Jane Daniell to the Queen. Although you promised an order about my husband's lands and parsonages, the Sheriffs and officers have embezzled and undervalued them and our goods. The corrupt prosecutors intend to ruin us, and to enjoy all our living for 40 years, whereas my husband would ;3ppfuUl^ W 405 have paid the debt in 10. I entreat a grant of Deresbury and Minshull, and present relief for myself, husband and children. Ibid., vol. 283 A, no. 22. Lord Treasurer Buckhurst to Mr. Fanshawe. I have I602 directed John Daniell, prisoner in the Fleet, to receive "^' from the Attorney-General bonds value 200Z., for relief of himself and family ; but without aid from the Court of Exchequer in attaching the persons indebted, the money cannot be recovered in time for his present wants. You are therefore to accept the bonds, and issue process thereon, that Daniell may be the sooner relieved, and that the Queen may recover something towards her fine due from him. [etc.] Ibid., vol. 284, no. 104. Petition of Jane Daniell to the Queen. In Trinity term, 43 I602 Elizabeth, my husband was fined 3000Z. in the Star Chamber, °^' ' for which commissions were sent into Cheshire and Middlesex to seize his lands and goods. The Lord Treasurer then made an agreement with my husband as to the fine, and in accordance therewith I delivered to the Attorney-General bonds, etc., to the amount of 2000Z. The manor of Deresbury and the parsonage of Minshull, my husband's inheritance, and the lease of the parsonage of Hackney, were also charged with the payment of the fine, which would have been paid in 8 years, or 10 years at the most. But now, though we have been deprived of all our property, the fine will not be paid for 86 years. Thomas Aston, esq., then Sheriff of Cheshire, seized my husband's goods, to the value of 414L, and divided them between himself and his friends, and only put them down as worth llil. The same thing was done with the said manor and parsonage ; the goods at Hackney, worth 880^., were only valued at 1101., and the lease, worth lOOOZ., was valued at 420Z. The Lord Treasurer refuses to interfere. The Countess of Essex has all my husband's inheritance, and ' Mr. Ferdinadon Eitchastson ' has the parsonage of Hackney far under value. My husband is thus disabled 10 perform the said agreement. I pray for your Majesty's aid and my husband's liberty. Ibid., vol. 285, no. 22. Petition of Jane, wife of John Daniell, to the King, for re- 1604 Feb 22 storation of her children's lands, unjustly detained for payment of 2b00l. the unpaid balance of a fine of 3000Z. due from her 406 gippnitri'v W 16M husband to the Crown. She prays that the fine may be pardoned, and that a commission may be directed to the Lord Chief Baron, M"" Justice Gawdie, M'' Baron Savile, M'' Justice Walmesley, M'' Justice Kingsmill and M'' Justice Warberton, or any two of them, to inquire into the whole matter. An order is indorsed referring the cause to the Court of Exchequer, which is tlioroughly acquainted with it, ' for speedie Justice according to the merites of the cause ; ' the supphant to be admitted to sue in forma pauperis. State Papers, Domestic, James I., vol. 6, no. 76. i6o« Petition of Jane Daniell to the King. Her husband was persecuted in the Star Chamber by great persons, and imprisoned for non-payment of his fine. He obtained his liberty at the general pardon on the King's accession, but no allowance for support, though others received pardon for debts, as well as freedom. Their lands are detained for the fine, although they would have paid it, if allowed to retain them. She begs dis- charge from the fine, and restoration of their estates. Ibid., vol. 11, no. 43. 1604 ' A true declaratyon of the mysfortunes of Jane Danyell, wyfife of John Danyell of Derysburie in the Countie of Chester, Esquyre, and the onlie daughter of Franeys EethuUe, Lord of Eyhove, who was Gouernour and High balyffe of the Cytties of Gaunte and Dendermondin Flanders, Coronell of 25 Companyes of footemen, and Captayne of 200 horse.' A very lengthy and verbose document of 29 sheets of paper written on both sides, with a dedication to the Queen. The agreement already mentioned made by Daniell as to the payment of the fine, dated Aug. 7, 1601, is set out on p. 11. It is stated that the agreement was written by the Lord Treasurer in his great chamber at Salysburie Court, and signed by him and by Daniell in the presence of Sir John Fortescue and about 20 others. Signed ' Jane Danyell.' Attached is a draft letter to Lord Cobham and Sir Walter Eawleigh, signed ' John Danyell,' but in the same handwriting as the preceding, charging them to declare the truth of the allegations made by the Countess of Essex respecting the dealings between them and Danyell as to the letters. Ibid., vol 11, no, 44. Grant to Eichard, Earl of Clanricarde, and Lady Frances, i607 Sept. 25 Ins wife, -of the remainder of a fine of 3000/. imposed on John Danyell of Dorsbury, co. Chester, for cozening the said Lady Prances, then Countess of Essex ; and also of the benefit of an extent made on his lands. State Papers, Dooquet. Petition of John Daniel to Lord Chief Baron Tanfield. The leos June petitioner, having been censured in the Star Chamber and fined 3000Z. and had all his estates (worth 500 marks a year) taken, was allowed by the King's favour to sue for his debts in forma pauperis. He sued Hamnett Grigge accordingly on a bond for 401., but he resisted payment, and obtained an injunction in the Court of Exchequer staying the proceedings in the Court of Common Pleas. The petitioner begs that the Commission to examine witnesses may be executed at Hackney or Westminster and not in Cheshire, as he is very weak and not able to travel. His vnfe, Jane, made affidavit, June 20, 1608, that her husband ' is at this present soe weake and sicklie that he is not able to traveU into Chesshire w*out greate daunger of his liefe.' The petition was granted by order dated June 22, Ibid., Addenda, vol. 39, no. 56. Statement by Peter Bales that he had been urged by John isos Danyell to tell the truth about the Earl of Essex's letters, which was that in 1599 Danyell brought him some letters from the Earl to the Countess, which they read together, and of which several copies were made. Bales thought there was some mystery in the letters, and determined to reveal them to the Council, but was persuaded to give them up to the Countess of Essex. Ibid., vol. 36, no. 18. Petition of John Danyell to Lord Salisbury. Has been turned out of his estates in spite of his willingness to pay his fine ; the fine is given by the King to the Earl of Clanricarde ; and certain bonds due to the petitioner are detained in the Exchequer ; solicits the return of the whole or some part of them, for the relief of his family. [Note by Salisbury.] ' Let the petitioner be ready with his counsell to move this matter in full Court the first day of the Terme ; for I will alter no orders in my chamber.' Ibid., vol. 36, no. 19. Aug. 16 Sept. ? 408 ^[pptnljiv W 1608 Petition of Robert Thickpenny, servant of the Earl of ''^ ' Clanrioarde, to Lord Salisbury. Asks for a confirmation of the order that the bonds given into the Exchequer by Danyell shall be kept in Court until the fine is discharged. Ibid., vol. 36, no. 20. 1610 Petition of John Danyell to Sir Lawrence Tanfield, Chief Baron of the Exchequer. For permission to enter a suit in the Exchequer against the Earl and Countess of Clanricarde, for wrong done him in the matter of the Star Chamber fine ; or else to continue the suit he has already commenced there, to which they endeavour to put a stop. [Note by the Chief Baron.] ' 28 Jan. 1609 [10], Lett the Court be moved & this petyconer shall haue Justice.' Ibid., vol. 52, no. 30. 1610 Petition of John Danyell to the King. Appeals to His ■''"''' Majesty as standing in the place of God upon earth, to protect him from the oppressions described by himself and his wife, in some discourses which he begs permission to publish. Complains of the unjust proceedings of certain great persons against him- self and his wife, through which he was fined 3000Z. in the Star Chamber, and deprived of all he had in the world, on pretence of levying the fine. Ibid., vol. 52, no. 31. 1610 License to John and Jane Danyell to print and publish the ■^''°' ' works entitled, DanyeU's Disasters, The Varyable accidents in a pryvatt man's lyffe, and A Declaracion of the fatall Accy dents of Jane Danyell. Ibid., vol. 52, no. 33. 1610 DanyeU's Disasters, being an account of the proceedings in Jan.? Chancery in reference to the payment of his fine, etc. 8 pages. Ibid., vol. 52, no. 34. 1610 The varyable accedents of a pryuat man's lyffe, being an •^^°- ' account of ' The vnexpected Calamytys dyscouered in the tyme of my meserable trebles, Hapnyng in the lyffe of me John Danyell of Deresbury in the Countie of Chester, Esquyre.' 82 pages ; incomplete. Ibid., no. 35. 9[ppentii)r W 409 Copy of a Bill in the Court of Exchequer by John Danyell ^sw) ^ ' Tuttlestrete,' Westminster, in forma pauperis, against the Earl and Countess of Clanricarde. He sets out all the facts of the case at great length ; his wife he calls ' Jane Eyhova ; ' he men- tions his wife's ' laboure and skill in making of Tyres and other necessarie ornamentes and thinges as her Hono'' [the Countess of Essex] did vsually wears vpon her heade and other partes of her bodie, and w"^*" were then esteemed by very honorable and greate Ladies of England to be verie rare invencions, and w"'' deserved a very good reward, for by her like ymployment since that tyme, the said Jane bathe gotten, by the like laboure of her handes, aboue a hundred poundes yearelie ; ' he says that the Earl and Countess of Essex persuaded him to marry Jane by promises of reward and advancement in Queen Elizabeth's service, ' althoughe he might then haue had farr greater and more valuable mariages in diuerse places ' ; he defends his action as to the letters on the grounds of fear for his own safety and zeal for the Queen ; he took the letters to Bales because they were written ' in suohe a ragged Eomane hande as yo'' orator coulde not reade ' ; he complains that certain officers of the Earl of Clanricarde have ' spreads abrode diuerse vntrewe rumors ' to the effect ' that yo"^ orato"" sholde haue betraied the said Earle of Essex, and that yo'' orato'' was an arrante Thefe, and one that brake a slaunder of the said Earle, and stole a Baskett of the said Countesse w**" Jewelles of greate worths,' ' and coosoned the said Countesse of her letters, and deliusred her counterfett letters insteede of her trews, letters, and thereby wrought the said Earle's confusion ' ; he says that he was ' soe farre from hurtinge the said Earle, as that he neuer procured his little Fynger to ake ' ; he prays for a sub'poena to Eichard, Earl of Clanricarde, and Frances, his wife. The result does not appear. Ibid., no. 56. Peter Bales was at one time tutor to Prince Henry. In 1590 he published The Writing Sohoolemaster, for tsaching ' Swift writing, true writing, faire writing ' ; the volume was dedicated to his ' singular good lord and master,' Sir Christopher Hatton. He was alive in 1610, but the date of his death is not known. See Diet, of Nat. Biog. See also Camden's Annates, ii. 640 ; The Egerton Papers, Camden Soc, 321, 367, 358. 410 APPENDIX VI Bohert Pye Page 129 The statement that Pye's father was a butcher seems to be a mistake. According to the printed hst, Students admitted to the Inner Temple, 1547-1660, he was the second son of William Pye of Meend [or Mynde] Park, co. Hereford. He entered at the Inner Temple, 1584 ; was called to the Bar, 1595 ; Auditor of the Exchequer under James I. and Charles I. Knighted at Theobalds, July 13, 1622. Purchased Faringdon House, co. Berks, 1622, which he defended for the King against the Parlia- mentary forces, 1646-6. See Lyson's Magna Britannia, I, 277. He was M.P. for Bath, 1620-1 and 1623-4 ; Ludgershall, co. Wilts, 1625 ; Westminster, 1625-6 ; Grampound, co. Cornwall, 1627-8; Woodstock, 1640; Berkshire, 1654 and 1658-9. He died in 1662. Sir Eobert is said in C. J. Eobinson's The Mansions of Herefordshire, 1872, p. 86, to have been a son of Eoger Pye, and to have been baptised in 1584. ' Contemporary gossip called him [Sir Walter Pye, Sir Eobert's son] the grandson of a Southwark butcher, but there is no foun- dation for the story.' The Castles of Herefordshire, C. J. Eobinson, 1869. 9[pptntii^ W55 411 aooo 'ZTtd en CO 'a a a a o a S P < CO 00 CO C5 CM 00 CD 00 CD 50 P-i •A H 'eh «! •A ■A H XJl « O P o Ph K1 ^ o o d m H -P Eh Ps n3 c3 ^ w N ^ a o M cS a o ,^ 3 =8 P5' » .s PL, g 412 ^ppfutit); WM p? b X a MXI ^ ___j— — -. ^_S,S.!««-!=<^-^-^ g a a a a a s a aoooooooo >f- Pm ioT HHpS -"OP SS^lSo-S '*^^r' ^O -r^ r-SSr-inSOJ'^ rS tXJ i-* ; •5 -I 'I 'I s s I g S ^S ^ 1:2 ^ &H &i tH M S - s o i Q S s=i cS bo rrf ^ *3 ^ w 1 s 1 '^5' CO .a s S ■rt 8 '^■^H -g s bD o ca ■" o gipptntrij: WU 413 3 X X &I Ph >< . a a o g g . . - . Sj ■ fl omSonL P ,^ ■ni . ^ r. IS Uh o ^ • ™ ij n 5 **-i CD a Soo a ^ CD S 1 t-5 Will" Clare . Richard Haw Thomas Tayl Frauncis Tay John Chorme Thomas Choi John Hamso a es o^ M ca f„ ■^ ^ !>^ Cli H a O beg 3 'a ^s o 414 ^ypfntn'v ®$fi "pis -i o CQ EC CD CD =3 6 H CD , l-H ,^a ^^iii.'T^.'Tl^ P 0.2 S^ .. ^ Q -^ -hT^ .2 -3 -B ■B fe^^t^!^' - rfl 'h '^ f^ a ^ s o =3 1'' -<^ Ph vA <1 a !=5 ■-( a <^ , ■rt fn CIJ ^ C3 h rri (rf C >7. fl QJ 'o a _^J -t; ri cr! ;h o ,.ci rrt tf CD W 415 APPENDIX Vm Plymouth Water Works Page 144 ' Eight hono'''' : our duetyes humbly remembred. As we haue leoi allwayes heertofore founde yo"" honorable fauour in any our affayres, so we now humbly craue the contynuance of the same in this our present occasyons : we procured from her ma^J" by acte of parliamente, in the 27"" yeere of her happie raigne, some parte of the Eiuer of Meuy to be brought to our towne, which cost vs and S'' Frauncis Drake, (who vpon Composicion with vs vndertooke the bringeinge home of the same), a greate some of money ; we haue compounded, and p^'chased of the owners the lande ouer which the same runneth. And so haue held & en- ioyde the same euer since, vntill now of late that Willyam Gryms, esquier, and some of his Complices, seekeing our dis- herison, and the keepeinge away of the same water from vs, hath lately erected certaine classe milles and Tann pittes, where were neuer any before. And hath and doth rioutously and vnlawfully diuerte and tome out a greate parte of our said Eiuer to his said milles and Tanpitts, for which we haue suets dependinge in the starre chamber before yo'' hono'' and the rest of her ma*^ most hono*' privy counsell ; where the said Grymes founde such fauo'" the last terme vpon his motion, as the same matter was referred by their hono''* to the three cheefe Justices and the two Justices of Assises of this Circuit ; and conceavinge his doeinge and pro- ceedinge were against law and Justice, And findeinge the said Justices inclyninge to certify so much vnto that hono*'' Courte, He procured S"^ John Gilberte, knighte, Tristram Georges and Henry Coplestone, esquires, to sett downe an order vnder their hands, that the said M'' Grymes and his heires shall diuerte and haue some parte of our said ryuer to serue his said milles, paye- inge vs. xijd. by the yeere, which will tende to o'' vtter disinheri- soun, and the ouerthrow of our wholl towne ; For if the said Grymes [sic] be permitted to tourne out and take any parte 416 gpptnliijr WiM of our said water, Others ouer whose lande the same ryuer is convaide will do the like, and so we shall haue none to come to onr Towne, as by a particular of our greevances (wherewith this bearer will acquaynt yo"" bono'') may appeare, wherein we most humbly crave yo'' bono''' favour ; And so, with our humble duetyes, and harty prayers for your honor's longe preseruacion, humbly take our Leaue. Plymouthe, thexiiij* of this instant September, 1601. Yc honor's at Commandemente, Thomas Payne, mayor, and his bretheren.' [addressed] ' To the Eight Hono''' S'' Eobert Cycill, knight, prin- cipall Secretary of our Soueraign Lady the Queene.' State Papers, Domestic, Elizabeth, vol. 281, no. 84. 417 APPENDIX IX Serjeant Yelverton's case Page 150 ' Mattees wherein the L. Presydent of her Ma*'<='^ ]^°^_ j Counsell in the Norths findeth himselfe grieued with M'' Sergeant Yeluerton, one of the Justyces of the Assise in those North partes to the dyscountenanee of him & the Authority of that Counsell established by her Ma''<'. First, Whereas the L. President and that Counsell haue a Commyssion of Oyer and Termyner contynewally to be executed, as occasion serueth, wherein the Justices of Assyze are & by w"^ they haue vsed to sitt at the Assize tyme at Yorke, And therefore when the Charge is to begynne, being commonly vppon Wednesday in the Forenoons that Weeke, The Lo : Presi- dent (or in his absence, the Vicepresident) and Counsell atten- dant do alwaies resorte to the Castle, & sitt with the Judges, dur- inge the tyme the charge is giuen. And that they sitt vppon the Gaole, where and in all other Assemblyes the L. President's place is the Cheife, & at the Assizes to sitt betwixt the two Judges, And the Vicepresident by her Ma'^'^'' Instruccions is in his absence to haue, and hath alwaies had, the reuerence & place dewe to the L. President : Yet in Sommer Assyzes last was Twelumonsth, the L. Eure then Vicepresident bemgs sett next vnto Baron Sauylle, M"' Sergeant Yeluerton Comminge from the Nisi-prius at the other end of the Hall, thrust aboue him, & satt next vnto Baron Sauylle, and so put downe the Vicepresident, w''*' was much noted by the countrey, the rather because the Moonday before at the Mynster Sermon, he tooke the vpper place also of the Vice-president. Item, in farther disgrace of the L. President, Whereas he and the Counsell haue vsed to sitt with the Judges vppon the Gaole by the generall commyssions aforesaid : In Sommer Assyzes last, the L. President sittinge in his vsuall place with them at the charge, M"" Sergeant Yeluerton cawsed there spetial Commyssion of Goale Delivery to be read. Wherein Watkinson, Somerskales, B E 418 g[ppentii)i- $^ & oertaine other meane clerkes are ioyned and not the L. Presi- dent and Counsell, And afterwards before they did ryse Cawsed the Statute of 20 E. 2, ca. 3, to be read likewyse publickly, whereby all Barons and others are forbidden to sitt with the Justyces in their Assyze, w'='> was taken to be a disgrace to the L. President beinge there, &c. Who came not to sitt but only at the tyme of the Charge and Gaole in hande, and was the more noted to be done for the L. President's disgrace, because he read it not in any other place in his Cyrcuyte, but in that place only. The L. President therefore desireth, That it may be ordered that the Justyces of Assyze, L. Presydent and Counsell, may sitt by the vsuall Oommyssion of Oyer and Terminer, as hath bene heretofore accustomed, whereby the Authority beinge conioyned may be stronger, and not by their disioyninge themselves from vs, the Authority of the L. Presydent & Counsell to be disgraced, w'='^ is established to gouerne the countrey all the yeare after. Item, "Whereas the vsuall tyme of the Assyzes in Lent at Yorke hath heretofore bene the first Monday in the third Weeke of Lent, M'' Sergeant Yeluerton in respect of his priuate gayne in the Cyrcuyte, wherein he goeth as a Practyser, hath twyse synce he serued there, put of the Assyzes vntill the last Weeke of Lent, so as they haue ended eyther on Good Frydaie or Easter Eve, to the great trouble of the Justyces of Peace & Countrey, and the evill example and scandall thereof ; so as they haue bene forced to travell to their home vppon Easter daye.' [Indorsed] ' L. Presidente of Yorke's Articles agaynst Seriant Yelverton.' State Papers, Domestic, Elizabeth, vol. 283 A, no. 42. In February, 1602, the Council commissioned the Archbishop of York, with the assistance of Sir Thomas Fairfax, Sir Edward Stanhope, and Thomas Hesketh, Attorney of the [Court of] Wards, or any two of them, to inquire into the matter, and to report ' what place the vicepresidents haue held in former tymes ' ; ' Her Ma*^ pleasure is that there shalbe a lookinge backe for XXV or xxx'y yeares into the Carryadge of that matter. And as you shall perceaue that most of the vicepresidents in this processe of tyme haue vsed it, so to advertise vs, to the intent that vppon such certificate all Partyes may be dyrected to conforme them- selfes.' Ibid. no. '13. appmtii): if 419 ' Proofe, that as the Lo : Presid' hath, so likewise the i602^ ^^ Vicepresid' when there is any, in y® assize weeke is to haue the precedencie of y« Judge and to haue the cheefe place likewise when they sitt vpon the gaole deliuerye, & that he & her Ma*' Counsell do sitt w* them as Commissionera for y'' same gaole deliuerye. ' That the Lo : Presidente hath had that precedencie at y« assizes himself allwaiea when he hath bene at y* assizes, appereth by the recordes of y" assizes so many as be extante now in y^ Clarke of y® assizes handes, from 4° Eliz. Eegine till this dale, namely in y« precedentships of the Earle of Eutlande, Archbishop Yonge, Earle of Sussex, Earle of Hunting- don, & my Lo : Burgheley. * * * • ' How y^ vsage hath bene aswel for precedencie as y« seruice at the gaole deliuerye for thes 30 yere, being the time limitted by there Lop*' I'res to be enquired of. ' It was never in question but y' the Lo : Presid' allwaies had y= place of y^ Judges in all places when he was presente at y^ assizes.' « * * * [Indorsed] ' 22 April, 1602. Concerninge the precedencie of y° Vieepresid' at Yorke & y* vsage of y^ Commission of gaole- deliuerye.' Ibid., vol. 283 A, no. 82. 420 APPENDIX X The Punishment for Forgery Page 156 The punishment for forgery under the Statute 5 Eliz., cap 14, was as follows : — He ' shall pay unto the Party grieved his double Costs and Damages . . . and also shall be set upon the Pillory in some open Market Town . . . and there to have both his Ears cut off, and also his Nostrils to be slit and cut, and seared with a hot Iron, so as they may remain for a perpetual Note or Mark of his Falshood, and shall forfeit to the Queen our Sovereign Lady, her Heirs and Successors, the whole Issues and Profits of his Lands and Tenements during his Life, and also shall suffer and have perpetual Imprisonment during his Life.' Section II. 421 APPENDIX XI Queen Elizabeth's death, etc. Pages 164, 177 John Chamberlain to Dudley Carleton. ^g^^ ' I make no question but you haue heard of our great losse ^i"^"'' ^o before this come at you ; and no doubt but you shall heare her ma"^'* sicknes and manner of death diversly related : for euen here the papists do tell strange stories, as vtterly voyde of truth, as of all ciuiU honestie or humanitie. I had goode meanes to vnder- stande how the world went, and find her disease to be nothing but a settled and vnremouable melancholie, insomuch that she could not be won or perswaded neither by the counsaile, Diuines, phisitians, nor the women about her, once to tast or touch any phisicke : though ten or twelve phisitians that were continually about her did assure here w*'' all manner of asseuera- tions of perfect and easie recouerie yf she wold follow theyre aduise. So that yt cannot be saide of her as yt was of the Emperor Adrian that turha medicorum occidit regem, for they say she died only for lacke of phisicke. here was some whispering that her braine was somewhat distempered, but there was no such matter, only she held an obstinate silence for the most part, and because she had a perswasion that yf she once lay downe she shold neuer rise, could not be gotten to bed in a whole weeke till three dayes before her death ; so that after three weekes languishing she departed the 24 of this present being our Ladle's eue between two and three in the morning, as she was borne on our Ladle's eue in September : ' and as one Lee was Maior of London when she came to her crowne, so is there one Lee Maior now that she left yt. the archbishop of Caunterburie, the bishop of London, the Almoner, and other her Chaplaines and Diuines, had aecesse to her in her sicknes diuers times, to whom she gaue goode testimonie of her faith by word, but specially towards her end by signes when she was speacbles, and ' The Nativity, Sep. 8. 422 g[ppenlii)r n wold not suffer the archbishop to depart as long as she had sence, but held him twise or thrise when he was going and could no longer indure both by reason of his owne weakenes and compassion of hers. She made no will nor gaue any thinge away, so that they w'='^ come after shall finde a well stored iewell house and a rich wardrobe of more then 2,000 gownes w* al thinges els aunswerable .... Surely the counsaile haue dealt very prouidently and beyond that was to be expected or hoped for in so sodain an accident ; and no doubt but God did direct them, seing all things past so quietly and in good order, during the Queues sioknea some principall papists were made sure, and some daungerous companions clapt vp, among whom S"" Edmund Bainham was committed to the marshalsea for some desperat speaches (they say) against the Kinge : but yt shold seeme there was no great matter, for I heare he is now at libertie again .... the counsaile went on Satterday to Eichmond and that night late brought the corps w* an honourable attendaunce to Whitehall, where the houshold remaines : the body was not opened, but wrapt vp in seare-clothes and other preseru- atiues . . . . ' State Papers, Domestic, James I., vol. 1, no. 6. John Chamberlain to Dudley Carleton. ' The Quene's funeraU is appointed the 28''^ of this present, w* as much solemnitie as hath ben vsed to any former prince, and that by the king's owne direction : yt shalbe kept at West- minister, and the Lady Arbella is to be cheife mourner, accom- panied w* 2 marquisses, 16 countesses and 30 barronesses, w"" all theyre traine ; besides the greatest part of the nobilitie, all the counsaile and officers of houshold.' Ibid., vol. 1, no. 21. ' The Death of Queene Elizabeth w* her declaraoion of her successor. ' About the Friday sevenight after Christemas last being about the 14 [of January] in the 45 yeare of her Eaigne, the late Queene about 2 dayes before [sickened of a cold] (being euer forwarned by m'' Doctor Dee to beware of Whitehall) and the [said 14th day] remoued to Eiohemonde. But a litle before her going, euen the same morn[ing the] Earle of Nottingham, High Admyrall of Eng- land, Coming to her partly to sp[eek with] her as Concerning her Eemovall, and partlie touching other matters wherein her plea- sure and direction was to be knowne, they fell in to some speeche of the Suceessyon, and then she told him that her seate had ben euer the throne of kinges, and non but her next heire of bloud and dissent should succeede her : after falling into other matters they left that speeche, and she departed to Eichemonde, where she was well amended of the Cold : But on Monday the 28 of February she begane to sicken againe, and so Continved tyll mon- day the 7"" of march, at w"'^ tyme notice was given to the Lordes of the Counsell that she was sicke of a Cold, and so she Continved sicke till Tusday the 15*'» of marche folowing, after w"'' day she begane somwhat to amende, but the 18 of marche following being friday shee begane to be very ill, wherevpon the lordes of the Counsell were sent for to Eichemonde and there contynued till Wednesday the 24* of March about 3 of Cloeke in the morning (being our lady Even) at w* tyme shee died, but on the Tusday before her Death, being the 23 of March, the Lord Admirall being on the Eight side of her bed, the Lord keeper at the left and M'' Secretary Cecill (after Earle of Salesbury) at the bedes feete, all standing, the Lord Admyrall put her in Minde of her speech concerning the succession had at whithall, and that they in the Name of all the Eest of her Counsell Came vnto her to know her pleasure who should succeed : wherevnto she thus replied, " I tould yo" my seat had bene the seate of kynges and I wiU have Noe Eascalle to succeed me : And who should succeed me but a king." The lordes not vnderstanding this darke speech, and looking the one on the other, at length m"^ Secretary bouldly asked her what she ment by these wordes, " that No Eascall should succeed her"; wherevnto sheEeplyed, that her Meaning was that a kinge should succeed her, " and who," quoth she, " should that be but our Cosen of Scotland ; " They asked her whether that were her absolut resolucion : wherevnto she answered, " I pray yo" trouble mee no more. He have none but him : " w* w* answer they departed. Nothw*''standing after againe about 4 a Cloeke in the after noone the next day being Wednesday (after he Archbishope of Canterbury and other Devines had bene w* her, and left her in a Manner speeehelese) The 3 lordes afores* repaired vnto her againe asking her if she remained in her former Eesolucion, and who should succeed her ; but shee, not being able to speake, was asked by M'' Secretary in this soarte, " wee beseeche yo"^ ma''<=, if yo" remayne in yo"" formore resolucion, and that yo" would have the king of Scottes to succeed yo" in yo"' kingedome, shew some signe vnto vs'' : whereat soddenly heaving 424 9[ppenljij: ^i her selfe vpwardes in her hed and pulling her Armes out of bed she held bothe her handes ioyntlie toguether ouer her head in Manner of a Crowne : whereby as they guessed she signefyed that she did not only wishe him the kingdom but desired the Con- ynuance of his estat : After w"*" they departed : And the next morning (as is aforesayd) she Dyed : Imediately after her Death all the lordes, aswell of the Counsell as other Noblemen that ■were at the Courte, came from Eichemond to Whithall by 6 a Cloeke in the Morninge, wher other Noblemen that were in London mett them. But as they begane to sitt in Counsell in the privie Chamber at Whithall the Lord keeper (S'' Thomas Egerton), and the Eeste of the Counsell that were no Barones, offered to sitt at the Lower ende of the Counsell table, and not aboue any of the meanest nobillitie, but the noblemen in respects of theire former Authoritie called them to the hier ende of the table and wished them to keepe their places, wherevnto the Lord keeper made answer (viz) " if it be yo'' Lordshippes' pleasures we will doe so, but that is more of yo'' Curtezie then wee can demaund of Dutie," and soe they sate Doune everie Man according to his Degree, in Counsell touchinge the Successyon, where after some speeche had of Divers Competitores and matters of state, at length the Lord Admyrall Eehersed all the afforesaid premyzes w* the late Queene had spoken to him, and to the Lord Keeper & M'' Secretary, w* the manner thereof, v/"'^ they being asked did afferme to be true vpon theire Honors.' Ibid., vol. 86, no. 150. This account is printed in Lord Somers' Tracts, i. 246. It may be compared with that given by Sir Eobert Carey in his Memoirs. John Chamberlain to Dudley Carleton. ' We haue no certaintie where the kinge is, they that come last say he appointed to be at Berwick the seuenth of this moneth, and thincke he is now on the way to York, where he will make no long stay, but comes to worsop, a house of the Earle of Shrewsburie's, so to Beuer Castle, thence to Burghly, then to Oliuer Cromwell's by Huntington, to S"" Thomas Sadler's in Hartfordshire, to Hartford Castle, to Tiballs, to the Charter- house or Howard house, and so to the towre till his coronation.' Ibid., vol. 1, no. 21. 425 APPENDIX XII Serjeant Hele's Case Page 168 Serjeant Hele to Secretary Cecil. 1603 ' My L. Cobham owes me 4,666"" 13^ 4'* or thereaboute as hit shall appeare to yo"^ Lo? vnder his hand and seals the 17* of Maye lasts, yo'' ho : hath hard howe this moneys was drawne from ms, and what wrongs I havs rsceaved. god forgive hym, he is not able to right me It is true that I have caused muche of my Lo. Cobham's land m course of Justice and somme of his goodes in Kent att my verye greats chardge to be extended and deliuered to me, the riche and bests thinges being before conveyed awaye. This that I have done was in myne absence by this bearer my Servaunte according to the lawe and w*out anye indirect course or meanes. I humblie beseechs yo"" Ho : (ths case standing as yt dothe) that I maye have yo"^ Ho : favo'' and proteccion. I thinke all men woalde have taken the same Course that I have donne, to take the helpe of the lawe, rather then to expsct favo'' by secondarye meanes.' State Papers, Domestic, James I., vol. 4, no. 16. A document headed ' Seriant Hele's extent in the countie of Kent,' showing that he had valued the lands of Lord Cobham and George Brooke at J683 16s. id. per annum which were worth £2814 12s. Od. per annum ; the goods at Cobham hall, the leases and coppices, hs had valued at £790, which were worth £3926 Os. M. Among the goods were ' tapistrie hanginges ' valued at £166, but worth £633 is. 8d. Ibid., vol. 10, no. 85. ' Lo. Cobham's debts payd by the King. To S'' John Heale, Knighte, for money due to him vpon Judgmentes & extents vpon the Lands of the Late Lo. Cobham, 3,500"- ' Ibid., vol. 12, no. 77. Oct. 13 426 APPENDIX XIII Sir Bobert Dudley's case Pages 169, 186, 198, 204, 205, 209 In his palace or house, commonly called Leicester Howse, near Temple Barre, in the presence of me, Edward Barker, notary puhUc, and of the witnesses named below, there personally appeared Eobert Dudlei, Earl of Leicester, and Lady Leticia, Comitess of Essex, and said they, fearing (as they asserted) on the one hand that by the untimely public discovery of the truth, they might be subjected to the royal indignation and other inconveniences, and on the other hand, that by the superstitious suppression of [the evidence] they might go under the suspicion of cohabitation, and their children, if by the blessing of God they should haue any, might by succeeding heirs be questioned as to their status and legitimacy, desired that the marriage formerly solemnised between them should be made known to the world ; and they swore on the Holy Gospels that they, being then free from any matrimonial contract, were on September 21, 1578, married according to the rites of the English Church by Humfrey Tindall, Clerk in Holy Orders ; and in proof of the same, they requested me, as a notary public, to take the depositions of Ambrose Dudley, Earl of Warwick, Eoger Northe, Baron of Kirtlinge and Francis Knowelles, knight, and also the said Humfrey Tindall and others : in order to perpetuate their testimony as the marriage was clandestine. ' Ambrose Dudley, Earl of Warwick, aged 48, saith : — ' That he, beinge Brother to the Erie of Leicester and very familier w* him and his affaires, was by him made acquainted w''' the good Loue and likeinge grounded betweene him and the Countesse of Essex, and lastlie how he was resolved to make her his wief, whervppon this Deponent for the dispatch therof at the Bequest of hip said Brother vppon a Satterdaie (as he now remembreth) Came to Wamsted Howse (her Ma'^ then ^ppentri'r ^fiJJ 427 lyinge, so far as he likewise remembreth, at one Stoner's in Waltham Forrest, in w'=^ bowse (as he sayth) and in a Utle Gallery therof , the next Morninge followinge (beinge, as he nowe remembreth, the xxj'i' dale of September in Anno D"i 1578) his said brother and the said Countesse of Essex were Marryed together, after the order of the booke of Comon prayers, by one M"^ Tindall, a servaunt and chaplein to his brother Leicester, in such like Manner and forme as other folkes are accustomed to be Marryed, Att w<='' tyme he well remembreth S'' Frauncis Knowlles, Father vnto the Countesse, did giue her for wief vnto the afore- named Erie of Leicester, in the sight and presence of this Deponent, The Erie of Pembrooke, The Lord North, S'^ Frauncis Knolles, M^^ Tindall and M"^ Eichard Knowlles, all w'^'^ were p'^sent and saw the said mariage solemized as he hath De- posed.' Roger North, Baron of Kertlinge, and the other witnesses deposed to the same effect. State Papers, Domestic, Elizabeth, vol. 148, no. 24. Sir Eobert Dudley to the Earl of Northampton. a hi 29 ' The Ambassadors to his Ma. at Venice sent hether to mee a privye Seale, w°^ beinge a writinge of Eecord and the Labell of Superscription derogating from my due pretences and right w"^"^ I clayme, being lawfull Sonne and heire to my father, I durst not open as consenting to, so to receave the same privie Seale, least in so doing it might bee preiudiciall to my right and tytle to the premisses .... What are the Treasones manifested against mee .... That abroad I take vppon me the Tytles of my pretences. To Vi"^ I aunswere I maye better doe it abroad, being my undowbted right thoughe questioned by his Ma : , then the Lord of Westmerland, the Lord Beauchampe, and the Lord Mount- eagle did before he hadd the graunt from the King, and did it and doe it at home daylie not only by the examples of this tyme but all other. But I may saye I have more reasone to doe it here in all Catholique partes then they, bycause I have not only made my full proofe thereof in England, and past the assaye of the Starchamber, and have the same examinacions as Evidence to defend my right, as no other nobleman hath more but these to defend them ; But also publique storries doe give sufficient testymonie to all the Catholique partes of the world by these lawes to account mee lawfull sonne and heire to my father, and so consequently Earle of Warwicke and Leicester. Yf I hadd made no other proofe but that, it were sufficient, and no more 428 gippmlri^ ffifiK excepted at here then that my Lord of Arrundelle's younger Sonne is called Count Arrundell over Germanie .... Ligomia [Leghorn], April 29, 1607. Warwick & L : ' State Papers, Domestic, James I., vol. 27, no. 12. Writing from Florence, Sir Eobert says that he has no wish to return to England, as he has received too many discourtesies from his friends and kindred. Ibid., vol. 77, no. 65. See also Nicholas' Barony of Lisle, Dugdale's Baronage, Burke's Extinct Peerage, Diet, of Nat. Biog. The two following examples of Sir Eobert Dudley's signature as Earl of Warwick and Leicester are from the State Papers (Domestic, James I., vol. 71, no. 85, and vol. 77, no. 65), and are dated 1612 and 1614 respectively. ^Afki:^- Wo/i^ft/u'E 429 APPENDIX XIV Thomas Pounde's case Page 182 Thomas Pounde of Belmont near Winchester. See a long and interesting account of him in Becords of the English Province of the Society of Jesus, by Henry Foley, S. J., vol. iii., p. 567. Speaking of the trial reported in the text, it is stated that it lasted for eight hours, and that the Attorney-General's speech lasted an hour. The account there given is wrong as to the date of the trial, said to have been Nov. 29. 160|, and in a few other details. The sentence is said to have been a fine of 4,000 scudi [quoting Bartoli's Ecclesiastical History of England], and ' because, continued the Lord Chancellor, a man of the age of 65 would not, perhaps, be able to survive the pain [of having his ears cut off], let him, instead of this, be nailed by one of his ears to the pubhc pillar of justice at Westminster ; after a certain number of hours let him be unfastened, and taken to Lancaster, and there let him be nailed by the other ear to the public pillar of Justice.' Foley, op. cit, pp. 603, 604. What the ' public pillar of justice ' is, is not stated ; probably the pillory is meant. In the same vol., p. 614, is printed a narrative of his sufferings, written by himself ; the original is among the State Papers, Domestic, James I., vol. 21, no. 48. Also another State Paper, endorsed ' Proceedings at the Assizes at York and Lancaster.' As this document cannot now be found, I tran- scribe it here from Mr. Foley's work. ' In Yorkshire. — First, M'' Pounde by Order of the Starre Chamber, being there to make acknowledgment of his faulte, refuseth the same, otherwise than that if he had offended, then was he sorry for it ... . 430 appentiiV ^m ' The Proceedings at Lancaster. — First, M"' Pounds being there resolved both by the attorney of the Wardes ' and M"' Fildesley,^ to whom he appealed in the Starre Chamber for testimonie, and by all other Justices of the Peace at the former and these Assizes p'sent, of the untruth of his information to his Ma'J''=, he thereupon confessed his faulte and with humilitie submitted himself.' The reference to this document was, State Papers, Domestic, James I., vol. 13, no. 52 B. See also The Bambler, vol. ii., 1857. ' A like pardon graunted to Tho. Clifton, Henrie Clifton, Eich. Carter, Eich. Hardman, & James Smyth, for the traiterous rescueing of James Gardner, a Seminary preist, in the County of Lancaster, for w'='' offence one Lawrence Bayly was executed, & the parties aforesaid have sithence conformed themselves. Sub- scribed by Baron Savile and Sergeant Phelipps, & procured by S'' Eoger Wilbraham.' State Papers, Docquet. ' Sir Thomas Hesketh, mentioned in the text ante, p. 185. '' Called ' Tilselie ' in the text, loc. cit. 431 APPENDIX XV Brachenhury v. Brackenbury Page 198 Hudson, in his Treatise on the Star Chamber {Col. Jurid. ii. 69), relates an anecdote ■which seems appropriate to this case, and may well have been told on this occasion. Lord Egerton (he says) would ' merrily tell a tale : That a friar coming to visit a great man in his sickness, and finding him past memory, took opportunity (according to the custom of those times) to make provision for the monastery whereof he was ; and finding that the sick man could only speak some one syllable, which was for the most part "Yea " or "Nay," as an imperfect voice, forthwith took upon him to make his will ; and demanding of him, " Will you give such a piece of land to our House to pray for your soul ? " the dying man sounded " Yea." Then he asked him, " Will you give such land to the maintenance of lights to our Lady ? " The sound was again" Yea." Whereupon he boldly asked him many such questions. The son and heir stand- ing by, and hearing his land going away so fast by his father's word " Yea," thought fit to ask one question as well as the friar ; which was, " Shall I take a cudgel and beat this friar out of the chamber ? " The sick man's answer was again " Yea '' ; which the son quickly performed, and saved unto himself his father's lands.' 432 APPENDIX XVI Pickering's Case Page 230 Lewis Pickeeinq was the son of John Pickering of Tichmarsh, CO. Northampton, by his second wife, Ursula, dau. of Thomas Oxenbridge of Itchingham, co. Sussex. His half-sister, Margaret Pickering, mar. Eobert Keyes, one of the Gunpowder Plot con- spirators. See Burke's Commoners, ii. 195. Henry, Earl of Northampton, to Sir Thomas Lake. ' It was very strange in D. Mountagew to tell Bywater that his M*y entendid to release him had not letters from the councell thwarted his intention of clemency. For we haue founde him worthy of a sharpe censure, and the libell written was impartid to another befor euer it came to our Master's handes.' State Papers, Domestic, James I., vol. 13, no. 13. Viscount Cranborne to Sir Thomas Lake. ' Bywater hath ben examined and will not tell who advised y<= Courss w* is contained in a writing, wher of I sent my L. of Worster a Copy yester night . . . and therfore we meane to be a little rownde w"' him.' Ibid., vol. 13, no. 15. Sir "William Eyder to Sir Thomas Lake. ' Ther was dyvers of the Lordes about one Bywater, a minister, one of those whott curse, I thinke about a book y' was d"* to his Ma^^" at Ware as he went downeward.' Ibid., vol. 13, no. 24. The Council commissioned Sir Julius Cfesar and others to examine ' Thomas Bywater, a minister, and some others that are charged to haue bin partakers and of Oounsaile w*'' the said Bywater in some seditious matter verie offensive vnto hia ma"".' Ibid., vol. 13, no. 33. ' My Ho INDEX I Cases Aldbigb v. Woolrige, 70 Aldworthe v. Smallman, 69 Allen V. Blage, 119 Amisloe's case, 40 Anonymous, 31, 61, 68, 69, 82, 88, 90, 93, 98, 150, 154, 263 Arnolde v. Luoie, 157 Askew V. Earl of Lincoln, 12, 114, 146, 271 Att.-Gen. ex parte Booth v. Agar, 152 Att.-Gen. ex parte Mayor of London V. Baynam, 114 Att.-Geu. V. Boothe, 64 Att.-Gen. v. Carewe, 162 Att.-Gen. v. Cawley, 143, 146, 147 Att.-Gen. v. Gierke, 248 Att.-Gen. v. Daniel, 119 Att.-Gen. v. Engrossers of corn, 91 Att.-Gen. v. Enster, 48 Att.-Geu. V. Fisher, 41 Att.-Gen. v. Framingham, 76 Att.-Gen. v. Graves, 278 Att.-Gen. v. Gresham, 32 Att.-Gen. v. Harward, 28, 29 Att.-Gen. u. Healle, 168, 171 Att.-Geu. V. Howe, 47 Att.-Gen. v. Huntley, 23, 25 Att.-Gen. v. Jarrette, 261 Att.-Gen. v. Jones, 73, 115, 117 Att.-Gen. v. King, 44 Att.-Gen. v. Ludlow, 104 Att.-Gen. v. Miles, 300 Att.-Gen. v. Mison, 104 Att.-Gen. v. Lord Mordaunt, 287 Att.-Gen. v. Moulsworth, 59 Att.-Gen. v. Negoose, 79 Att.-Gen. v. Nixon, 36 Att.-Gen. v. Northumberland, Earl of, 292 Att.-Gen. v. Panter, 71 Att.-Gen. v. Parker, 78 Att.-Gen. Pearce, Att.-Geu. Att.-Gen. 129 Att.-Gen. Att.-Gen. Att.-Gen. Att.-Gen. Att.-Gen. Att.-Geu. Att.-Gen. Att.-Gen. Att.-Gen. Att.-Gen. Att.-Gen. ex parte Chamberlain v. 125 V. Pickering, 222 ex parte Merrike v. Pie, V. Eobinson, 60 V. Searchers of London, 96 V. Smith, 39 V. Stokes, 193 V. Lord Stourton, 287 V. Throgmorton, 26 V. Tirrette, 76 V. Tyffany, 124 V. Welby, 315 V. Whitehead, 250 V. , 69, 75, 94 Bainham v. Luoas, 165 Beerely's case, 192 Beestou v. Mille, 94 Bellamy v. Lidoott, 113 Beverley v. Pittes, 88 Blage V. Allen, 117 Blomer's case, 90 Booth V. Agar, 152 Braokeubury v. Brackenbury, 195 Braughton v. Plowden, 147 Bridgman v. Glover, 302 Bristowe v. Lechford, 108 Burlaie'a case, 167 Callahde v. Paddon, 95 Calvin's case, 349 Chamberlain v. Pearce, 125 Claiborne v. Louther, 243 Claughton v. Gustard, 112 Copping V. Palmer, 369 Counden v. Watts, 166 Crouohe v. Hungertord, 21 H H 466 hxtitj: I Daooe v. Dunkelin, 235 Dauvers v. Long, 49, 61 Dawes v. Shereman, 259 Deighton v. Mounson, 3 Denbigh's (Men of) case, 25 Devonshire's (Earl of) case, 838 Dimmock v. Earl of Lincoln, 233 Dudgeon v. Burington, 336 Dudley's (Sir Bobert) case, 169, 186, 198, 204, 205, 209 Eaelne v. Watkina, 336 Edwards v. Wootton, 343 Egerton v. Starky, 88 Ersefield v. Bishe, 230 Etheridge v. Gardiner, 139 Everarde v. Greene, 85 Ewer V. Moyles, 165 Fabinoton's case, 81 Farwell v. Farwell, 308 Ferrer's case, 103 Finch V. Annate, 97 Fourde's case, 1'76 Gallette's case, 319 Gardiner v. Etheridge, 141 Garter King at Arms' case, 58 Gawen v. Kenuelle, 279, 281, 282 _ Gloucester, Aldermen of, v. Maohin, 372 Gosse V. Badcock, 332 Gresham v. Booth, 22, 26, 29, 64, 94 Griffith's case, 68 Grimes v. Carlton, 160 Guin V. Vaughan, 262 Gunpowder Plot, 251 Hall v. Fitsoheverelle, 153 Hartope v. Warren, 159 Haule V. Ellis, 373 Hawarde's case. 111 Hawarde v. Whitbroke, 374 Heathe v. Ginkes, 233 Hele V. Prestwood, 149 Helis V. Farrer, 93 Hide V. Corrielle, 91 Hill's case, 168 Hill V. Corbette, 69 Hogge's case, 154 HoUiday v. Kenrick, 338 Hone V. Jones, 86 Huet's case, 348 Jeffebtes v. Montague, 107 Kennelle v. Gawen, 264 Kent, Earl of, u. Rotherham, 66 Kerkham v. Smith, 82 Kidermaister v. Hale, 103 King V. Ludlow, 316 Knightsbridge Hospital case, 45 La Mote's case, 88 Lane v. Gardiner, 1 Lewis V. Lany, 342 Lincoln, Earl of, v. Dimmock, 322 Littleton v. Dudley, Lord, 10, 27, 34, 41 Littleton v. Littleton, 98 London, Mayor of, v. Baynam, 114 London, Mayor of, v. Wrothe, 10 Longe's case, 323 Luttrelle v. Baker, 94 Maohin's case, 372 Maddox v. Owen, 249 Marbery v. Clarke, 42 Margery v. Drue, 320 Maye v. Ebden, 81 Maynarde v. Moore, 346 Merrike v. Pie, 129 Moody's case, 74 Moore v. Jackson, 334 More's case, 74 More V. Forster, 232 Morgan v. Morgan, 312, 314 Morley, Lord, v. Colte, 348 Moyles v. Ewer, 165 Nicholas v. Hitchcock, 244 Page v. Page, 247 Parry v. Bodenham, 91 Parry v. Wildgoose, 280 Parsons v. Hearne, 5, 7 Partrige's case, 168 Paulet V. Portman, 39 Pembroke, Earl of, v. Bartlett, 29 Pemley's case, 341, 343 Pettie V. James, 31 Pike's case, 146 Player's case, 113 Plowden v. Braughton, 145 Plymouth Waterworks case, 144 Poole V. Knevet, 26 Pounde's case, 182 Raleigh's case, 94, 96, 97 Rape V. Girlin, 323 Rede v. Booth, 90 Ca^esf 467 "Eider v. Hare, 85 Eidgly's case, 40 Bilie V. Shelden, 161 Eobertes' case, 263 Eobinson v. Nethersall, 319 -Eochester v. Eoohester, 105 Eogers v. Machin, 332 Eoper v, Martin, 152 Eowley v. Morgan, 153 Eowley v, Penketli, 383 Eusse V. Franklin, 333 Eussell V. Lovelace, 49 Eussell, Lady, v. Earl of Nottingham, 271, 309 Euswell V. Euswell, 246 Eutland's (Countess of) ease, 237 SAiiiOWAiE V. Wall, 155 Sathefield's case, 168 Savage's case, 318 Scrogs' case, 103 Shrewsbury, Earl of, v. Talbot, 16 Skidamor's [alias Hille] case, 168 Smith's case, 89 Smith V. Irenman, 80 Snelle v. Brodie, 63 Snigge [Snegge] v. Sherston, 327 Sol.-Gen. v. Bull, 99 Sol.-Gen. v. Cassingherst, 257 Sol.-Gen. v. Louoh and Holland, 328 Southwark's (Bailiff of) case, 104 Sparke v. Sparke, 149 Spilman's case, 43 Stafford v. Parmeter, 331 Stafford v. Throckmorton, 242 Standen v. Bullock, 59 Standish v, Woolner, 330 Stepney v. Warren, 335 Bute's case, 63 Talbot v. Wood, 13 Taylor v. Machin, 372 Tenaunte v. Proctor, 279 Throgmorton v. Stafford, 234 Tilman v. Tilman, 41 Walle v. Sallowaie's servants, 157 Waltham Forest, Case of, 366 Warren's case, 236 Warren v. Hartope, 159 Warren v. Stepney, 341 Waterman v, Vowell, 166, 167 Wheeler v. Dean of Worcester, 52, 54 Wildgoose v. Parrie, 279 Williams v. Lloyd, 105 Willoughby v. Willoughby, 69 Winston v. Throckmorton, 134, 137 Wright V. Constable, 176 Yelveeton's case, 150 Yorkshire, Under-Sheriff of, v. Homden, 167 E H 2 4G8 INDEX II Matters ABBAia, Arrest of, 240 Abduction of unmarried girl, 259 Abjuration, Oath of, xxxiv Acquittal, 63, 250, 310, 314, 322, 324, 833, 336, 342 — to be endorsed on bill, 113 — see Bills dismissed Acquitted defendants to have costs, 286 Actions, feigned, 241 Ad audiendum jitdicium, see Sub- poena Admiral, Lord, forgery of his seal, 36 slander of, 40, 44 Advowson, 26 — impropriate, 92 — presentative, 92 Afiidavit of service of process, 334 Agistment, 311 Aldermen of London, reference to, 117 — Turbulent election of, li Alehouses, 21, 57, 106, 187, 300, 369 Aliens, 349, Ivi Allegiance, 351 Almoner, King's, Ivii Ambassadors not to have mass said, 190 Amended bill, 6 Anderson, C. J., reference to, 31 Anne, Queen of James I., 257 Answer, length of, 5, 11 — defendant must swear to, 10 — commissioners to take, 38 — refusal to, equals confession, 46, 90 — insufficient, 91 — defendants and Counsel fined for, 91 — scandalous, 308 Answers to interrogatories, deponent may write his own, 7 Ante-dated deed, 3, 156 Ante tiaU, 349 ; App. 23 Apothecaries, 15, 344 Apprentice, plaintiff, to find surety, 6 Arbitration, proposal for, com- mended, 148 rf^ — because parties akin, 244 Archbishop, heresy referred to, 42 Arches, Court of, 26 Armada, the Spanish, 434 Armorial bearings, use of, 66 ■ title to, not tried iu the Star Chamber, 67 Armour, 115 — county, 313, 314 — wearing, 315 Arms, see Weapons Arms of husband and wife, 444 Arrest, 240 — without process, 87 — in church, 113 — for contempt of court, 153 — cruelty in, 166 — of peeress, 237 — when lawful, 325 — by night, 325 Ass, riding on, as a punishment, 248 Assault, 72, 105, 124, 159, 160, 314, 316, 336, 370, 451 Assay, 38 Assizes at Southwark, 233 Assumpsit, 233 Attachment, 7, 82, 90, 94 Attainder, 23 Attorney-General cannot appear for defendant in criminal cases, 18 — precedence of, 46 Attorney, warrant of, 70, 89 — oath of, 81 — misconduct of, 70, 80, 112, 258, 342 — ' disbarred,' 70, 80, 112, 258 i¥lattrr£i 469 Attorney expelled from Thavies' Inn, 62 ■ — displacement of, 241 Attorneys, 331 — in the Star Chamber, 1 Aula Begis, xl Bacon's Union of England and Soot- land, 179 Bail, 21, 23, 53, 334 Bailiffs, 871 — punished for extortion, 104 — arrest by, 240 — errant, 240, 243 — forcible entry by, 323 Bailiwicks, sale of, 341 Bakers, 248 Bankruptcy, commission of, 342 Bar, numerous calls to, 133 Barratry, barrator, 108, 176, 230 Barrister, see Counsel Basilikon Doron, 180 Basket Justices, 102 Bastardy, 169, 198, 205, 209, 214 Battery, see Assault, 105 Bear and ragged staff, 169 Beer, export of, 97 Beggars, 264 Bigamy, 233 BiU, insufficient, 1, 12, 91, 98, 165 — dismissed, 2, 4, 9, 22, 31, 81, 82, 98, 262, and see Acquittal — length of, 5, 11, 91, 147, 246, 263 — frivolous, slanderous, or malici- ous, 5, 147 — amendment of, by consent, 6 — slanderous, 31, 54, 81, 93, 167, 246 — to be signed by Headers, 32 — acquittal indorsed on, 113 — uncertainty in, 116 — withdrawn from file, 119 Bishops, libel on, 341 Blackmail, 121, Ivii Blasphemy not triable in the Star Chamber, 301 Boat, mechanical, 280 n. Bond, 70, 81, 89 — buying, 331 Borderers, Proclamation against, 182 Bracton cited, 14, 350, 363, 385 Branding on forehead, 19, 37 — on ears and hands, 38 — on cheek, 337, 371 Bribery, 195, 232, 334 Brothels to be burnt standing, 79 Buokstall, 445 Building contrary to Proclamation, 318, 328, Ivi Bullets, import of, 437 Bulls, Papal, 183, 255, 295, 297 Burglary, Ivii Burial north and south, 284, 286 — of papists, 287 Canute, Laws of, cited, 66 Cap case doublet, 5 Capias, 112, 237, 238, 240, 334 — blank, 113 — utlagatum, 280, 325 Carts, seizure of, by purveyors, 194 Case settled out of Court, fine for, 103, 193 — insignificant, plaintiff fined for, 193 Catholics, toleration of, 295 — see Papists and Eecusants Cattle chased into another county, 74 — killing, 330 Cause heard in private, 13 — not prosecuted, 47 — not ready, dismissed, 52 Challenges, 159, 266, 312 Champerty, 91, 233, 242, 249 Chancellor, Lord, killing of, treason, 252 Chancellor's, Lord, castingvote, 320, liv — charge to Judges of Assize and Justices of the Peace, 19, 56, 101, 106, 159, 161, 186, 263, 299, 326, 367, 375, Ivii Chancery, Court of, xl — Erasing a certificate of, 12 — Masters of, 60 • — Depositions in, cannot be used in Star Chamber, 270 — Examinations in, 279 Chester, Exchequer of county of, liii Chief Justices, Reference to, 10, 26, 28 Chose in action, 331 Church, service in, 112 — arrest in, 113, 370 — confession in, 113 Churchyard, brawling in, 337, 371 ' Cimbe,' vessels called, 384 Civil law, 365 Clergy, Benefit of, 21 Clergyman, see Minister Close time advocated, 187 Cloth, regulations as to, 437 — sealing and measuring, 96 Clothiers of Suffolk, 300 Coals, 402 Coining, 73, 97, Ivii — of foreign money, 97 470 hxtit}: M Colliers' saoka to be worn on pillory, 228 Commission of rebellion, 6 — examination of witnesses on, 116 Commissions, Special, xli, xlii Commissioners, 166, 202, 207 — method of appointing, 11 — fined for not attending, 10 — of bankruptcy, fees of, 342 — of sewers, App. 1 Committal, 25 — of defendant for assaulting server of writ, 2 — for non-delivery of deed, 22, 29 • — of counsel for drawing slanderous bill, 32 Common, inclosure of, 50, 192, 247 • — of vicinage, 82 — in wood, 346 Common Law, reference to, 22, 40, 43, 63, 67, 82, 92, 98, 154, 158, 166, Iv — what, 364 — Pleas, Court of, xl Commons, grievances of, 275, 300, App. 18 — House of, and the Star Chamber, xlii, xlix Compensation, 109 Compromise of case, 152, 193 — without leave, 287, 331 Concealment by witness, 13 Confession, — by plaintiff, 9, 89 — by defendant, 19, 24, 34, 80, 87, 104, 108, 113, 152, 301, 307, 346, 373 ^ refusal to answer equivalent to, 46, 72, 74, 90, 146 — on stool, 108 — copy of, not allowed on ore tenus, 162 Conspiracy, 97, 113, Ivi — to enhance prices, 305 Constable, Lord, and Lord Marshal to try title to arms, 67 — removed, 34 — fined for assault, 168 — charge against, 282 Contempt, 82, 98, 153, 161, 286, 329 — of peer in not obeying summons, 287, 293 Copyhold fine, 332 Coram Bege, 302 Corn, scarcity of, 19, 367 — mongers, 19 — collections to purchase, 19 — dealings in, 64, 75, 78, 367 — sale of, 71, 78 — license to sell, 71, 79 , Corn, proclamations as to, 76, 79, 104, 367 — riotous cutting of, 83, 107, 279 — Thrave of, li — engrossing, 77, 91, 115, 305, 367 — when distrainable, 245 — import of, 367 Coronation oath, 363 Coroner, 50, 61, 282 — removed, 62 — duties of, 285 Corporations, cases of, Ivi Corpse, taking up, without order, 282 Cosenage, 47, 59, 119, 154, 262, see Fraud Costs, 4, 7, 29 — of long pleading, 5, 246 — of dismissed defendant, 235 — of informer, 246 Cottages, building, 76, 79, 105 Council, see Privy Council — Chamber, xliv, and see Star Chamber Counsel, hung for murder, 4 — committed for drawing slanderous bill, 32 — disbarred, 32, 55, 82, 160, 263 — and judges, 32, 43, 84, 167 — to pay Is. for each motion for poor prisoners in the Fleet, 38 — rebuked for scandalous interroga- tory, 44 — advice to, 46, 47, 54, 87, 95, 128, 370, 375 — advising riot, 49 — rebuked for negligence, 63 — fined, 82, 91 — committed for suborning wit- nesses, 90 — unlearned and dishonest, 90 — restored to practice, 91 — where plaintiff or defendant, 161, 308 — as witness, 167 — to pay costs of long bill, 246 — to wear long bill as tabard, 263 — misconduct of, 342 Counterfeit warrants, 36 County armour, 313, 314 Court Roll, forgery of, 63 — striking in, 314 Cream, quintessence of, 13 Creditors, attempt to defraud, 125 Grimina stellionata, 123, xlvi Criminal cases, one witness not enough, 15 depositions in, 204 Cuoking stool, 104 Curia Regis, xl Currants, duty on, 436 ilflatUrs 471 Customs, 436 — Comptroller of, 97 Damage feasant, 113, 325 Damages, 167, 247, 270, 271, 321, 323, 336, 345, 375 ' Damned Crew,' 165, 256 Dearth, 57, 104 Deceit, 26 Deoeners, 350 Dedvmus potestatem, writ of, 98 Deed, forged, 3, 22, 27, 29 — fraudulent, 125 Defendant, committed for wounding server of writ, 2 — refusing to swear to answer, 10, Iv — refusing to answer interrogatories, — to ride with face to horse's tail, 19 — acquitted, see Acquittal — evidence of, 98, 206, 371 — to pay his servants' fines, 105, 108 — when acquitted to have costs, 286 — fined for scandalous answer, 308 — damages to, 336 — to wear interrogatories as a tippet in a public place, 346 — evidence of one, against another, 372 Defendants, many, 312, Ivi Demurrer, 143, 267, 349 Denization, 356 Deodands, Ivii Depopulation, 326, 328 Depositions, 2, 7, 32, 47 — slanderous, to be destroyed, 54 — in other Courts, 156, 203 — taken by Attorney-General, 203 — in criminal cases, 204 — defendant's, 206, Ivi — of the dying, 318 Deputy Lieutenants, 116 Detinue, 46, 88 Dicing, 261 Diet, strict, 94 Dismissal, 1 — motion for, 47 — for want of prosecution, 68, 334 ■ — of trumpery suit, 332 Distraint, 113, 165 — by night, 325 Divorce, 444 Dowagers, 275, 276 Dress, excess in, 21, 57 Drums, riot with, 279 Drunkard may be bound over, 115 Duelling, Ivii Dye stuffs, monopoly of, 436 Eaole stone, 400 Ears, cutting, 19, 30, 36, 37, 40, 44, 65, 73, 125, 147 m., 177, 229, 248, 251, 258, 321, 337, 341, 343, 371, 373, 420, 429, Ixii — nailing, 54, 65, 84, 97, 101, 123, 133, 184, 226, 373, 429 Ecclesiastical Court, 210, 348, see Arches, Court of — offences, king can pardon, 285 Edgar, laws of, cited, 66 Edward III enlarges Westminster Palace, xlii Ejectment, 338 — of servant by master, 309 Election of aldermen, turbulent, li Elegit, 173 Elizabeth, Queen, rebukes two of the Council for not agreeing to sentence, 19 — visits Lord Keeper at Kew, 39 — her love of justice, &o., 66, 101, 106 — commendation of, 163, 224, 227, 270, 277 — scandal about, 163, 222, 267, 268 — devises the crown to James I., 164, 227, 422 — death and funeral of, 177, 313, 335, App. 11 — indignant with Lord Admiral, 276 — her wardrobe, 422 Embracery, 170, 1 Engrossers of corn, see Corn Entry, forcible, 93, 139 — by bailiffs, 323 — riotous, 323, 330, 332, 333 Erasure of record, 89, 1 — if forgery, 117 Esoheator, misconduct of, 235 Estate for life and fee simple, what words create, 22 Evidence of defendants, 98 — of one defendant against another, 372 — in other Courts, when received in S.C, 250, 270 — on cross bill not allowed. 318 Exceptions to commissioners, 11 — to jurors, 338 Exchequer, Court of, xl — site of, xliv — Chamber, 236, 349, 354 Excommunication, 282, 285, 297 Execution, 74 — resisting, 125 Executors, 88 — will good without, 3 Extent, 12 472 M'atj: M Extortion, 76, 104, 105, 134, 137, 153 — by Sheriff, 74 — by Dep. Lieut, of Wales, 116 False imprisonment, 125 — claim, plaintiff fined for, 103, 149, 332 Fast days, eating flesh on, 261 Fasting, 187 Father, unnatural usage of, 41 Fee Farm Eents, Trustees for sale of, xxxvi Fees on appearance, 112 — when lawful for Commissioners to take, 342 Felons, bailing of, 21, 23, 25, 334 Felony, compounding, 23 — judgment in cases of, 150 — depositions in cases of, 204 Feoffment, law of, 156 Fetters, 94 Fine stayed quia I'enfant en ventre sa mire, 69 — on compromise of case, 193 Fines and amercements, grant of, 436 — taxation of, in Star Chamber, App. 7, Ixii Firearms, wearing, 41 Fish, eating, 187 Fleet, Warden of, to serve writs, 2 — collection for prisoners in, 38 Forcible entry, see Entry Forfeitures cannot be granted, 261 Forged deeds, 3, 105, 156 — to be delivered up, 94 Forgery, 13, 15, 21, 22, 29, 41, 60, 63, 64, 68, 98, 103, 150, 152, 154, 155, 166, 167, 234, 235, 244, 250, 257, 319, 820, 333, 387, Ivi — what, 118 — of will, 3, 28, 88, 105, 149, 195 — of lease, 3 — of order of Court of Chancery, 41 — of signature of Privy Councillors, 86 — of passports, 48 — of warrant of Court of High Com- mission, 72 — of hall marks, 73 — of warrant, 112 — of letters, 119 — of seal, 36, 888, 890 — by omission, 197 — by erasure, 117, 149 — punishment for, App. 10 Forstaller, 115 Forswearing, what, 5 Fraud, 47, 83, 171, 821, Ivi, see Cosenage — badges of, 128 Fraudulent deeds, 125 Freehold appurtenant to office, 310 Gagoino on pillory, 124 Galleys as punishment, 38, 147 n Gallows, Conspiracy to save one from, ] 13 Games, Unlawful, 114, 261 Gaming houses, Ivii Garter, Order of, 74, 109, 201 n., 204 — Ceremony of, on S. George's day, 74, 109 Gentlemen and lawyers only to use empty room, 39 — to repair to the country, 20, 56, 106, 368 German labour employed, 48 n. Girl under sixteen, abduction of, 259 marriage of, without con- sent of parents, 260 Glebe, 93 Gloves, poisoning by, 13, 16 Goldsmith, Queen's, 43 Goldsmiths, jury of, 38 — Company and hall marks, 73 Good behaviour, binding to, 86, 94, 104, 105, 108, 113, 128, 168, 195, 234, 268, 278, 318, 329, 330, 336, 346, 347, 373, 875 habitual drunkard bound to, 115 Gout, oil of stags' blood for, 13 Great Seal, xlvi Green wax, 436 Grievances of House of Commons, 275, 300, App. 18 Gunpowder, 40, 44, 76 — Plot, 251, 287, 292, App. 19 Guns, 160, 264, 266, 279, 843 Habeas corpus, writ of, 90 Hall marks, 73 Hand, cutting off, 314 Hanging, 233 Hay, action for delivery of, 82 — carrying, by night, 870 Hearth Tax, xxxix Heir, claim to be, 389 Henry, Prince of Wales, commenda- tion of, 190 — the Pope wishes him to be brought up a papist, 191 Herbage and pannage, 311, 435 Heresy, 41 High Commission, Court of, 188 iWatUrg 473 Higli Commission, Court of, forgery of warrant of, 72 case referred to, 155 Highways, 187 Homilies, reading of, 112 Horoscope of James I. oast by Powder Traitors, 297 Horse, riding on, as punishment, 248 ; with face to tail, 177 Horse-keeper, when plaintiff, to find surety, 6 Hospital, Master of, deprived, 45 House, when sheriff may break, 325 Houses of husbandry, destruction of, 105 — to be pulled down, 319, 329 Hue and cry, 24 Hundred Courts, irregular holding of, 341 Hundreds, sale of, by sheriff, 341 Hunting in Waltham Forest, 366 Husband and wife, 74, 161, 247 — fined for misconduct of wife, 161 Idiot, ' Conveying ' an, 69 Import of iron ordnance and bullets, 437 Imprisonment, perpetual, 19, 123, 147 n., 177, 251 — false, 49, 374 • — during pleasure, 184, 298 Inelosure of common, 247 Informations, private, not to pre- judice, 161 Informer, 63, 145, 300, 331, 334 — Costs of, 246 — not to be witness, 242 Injunction, 244 — petition to King to stay, 176 Inns, see Alehouses — of Court, gentlemen of, traduced, 14 Headers of, to sign Bills, 32 numerous admissions to, 133 Inquest, Coroner's, 50, 61, 283 Interest, usorious, 7 Interrogatories, 7, 94, 204, Iv — Lengthy, 10, 54 — Orders as to, 38, Ivi — Scandalous, 44 — to be signed by Counsel, 56 — Eefusal to answer, to be held as confession, 146 — Leading, 206 — Multitude of, 344 — to be worn by defendant as punishment, 346 Inventory of goods, 402 Irish peers, 240 Issue referred to common law, see Common Law James I, his books, 163, 180 — title to Crown, 163, 227, 423 — Proclamations of, 178, 179 — Progress of, 180, 424 — makes knights, 180 — addresses to, 181 — Speech of, 181, 182 — Petitions to, 176, 182 — Commendation of, 188, 191, 268, 279, 299 — his protestantism, 189, 191 — message to the Pope, 191 — present at trial of Powder traitora, 267 — and the papists, 268 — at Newbury, 273 — his horoscope cast, 297 Jesuits, 264, 294 Jewels, Queen Elizabeth's, 43 n., 422 Jews, Expulsion of the, xlviii ; their starra, xlviii Judge, Slander on, 59, 177 — Punishment of, for taking bribes, 100 — of Assize, Precedence of, 150 — misdemeanour of, 183 — killing of, when treason, 314 Judges in Star Chamber, 5, 54 — not all Privy Councillors, 104 — rebuked by the Queen, 19 — Eeferenoe to, 11, 32, 58, 61 _ and Counsel, 32, 43 — may not take fees, 342 — Chancellor's charge to, see Chancellor Judgment, none without good proof, 6 — not binding unless served by proper officer, 113 — Subpoena to execute, 114 — none where Court equally divided, 149 ; but in treason or felony, acquittal , 150 Jurors, Subornation and mainte- nance of, 3, 1 — Writing to, 165 — Challenge of, 338 — Pines of, not appearing, 436 Justices of the Peace not to stay in town, 20, 56, 102, 326, 368 — Great number of, 20, 159, 347, 368 — not to retain to anyone, 21, 106 — Queen goes through list of, 21 474 Mtitv M Justices of the Peace attainted, 23 — fined for bailing felons, 23 — not to maintain causes, 57 — Eemoval of, 68, 108, 146, 268, 830, 336 _ misconduct of, 72, 108, 145, 166, 234, 265, 271, 280, 309, 312, 330, 334 — Conduct of, to be reported to Queen, 102, 106 — Contemptuous words against, 329 — Chancellor's charge to, see Chancellor — Slander of, 177 — ' Basket,' 102 — ' Pocket,' 109 Keeper, Loed, see Chancellor King, as supreme judge, xl — Deposing or killing, excused by the priests, 185 — can pardon ecclesiastical offences, 285 King's desire to do justice, 161, 164 — charge to Justices, etc., 161 — charge read in Star Chamber, 186 — absolute power, 188 King's Bench, 338, 349, xl Kneeling, Confession, 113, xxi Knighthood, Reported purchase of, 181 Knights made by James I., 180, 181 — to keep three horses for service, 182 — Number of, 368 Lancaster, Duchy of, 436, liii Land, Engrossing, 76, 115 — Forstalling, 78 — Arable, converted to pasture, 105 Latitat, writ of, 70, 281, 324, 325, 326 Lawyers and gentlemen only to use empty room, 39 — Proceedings against, 182 Lease, Forgery of, 3 — Parol, 83 — Forfeiture of, 330 Lee Eiver, Navigation of, 10, App. 1 Leet, Court, 350, 356 Legitimacy, 169, 210 Letters, stealing, 119 — counterfeiting, 119 — Libel by, 344, 373 Lex talionis, 123, 125 Libel, 143, 152, 222, 341, 343, 372, 373, Ivi — on Privy Council, 146, 147 n. — on King or State is treason, 372 License to sell com, 71, 78 Limitation, 12, 14 Liveries, Giving and wearing, 71, 1 Lodge of park, 309 London, Persons dwelling in, to be informed against, 106 — Eefereuce to Aldermen of, 117 — Address to James I. by Sheriffs of, 181 — Government of, 306 — Population of, 319, 329 — Justices of Peace in, 819 Lords, House of, App. 23 Lydians, Laws of, cited, 45, 66 Mad, a man may not prove himself, 262 Magic, 251 Magna Charta, 96, 194, 241, 278, liii Maiming, 159, 336 Maintenance, 3, 12, 42, 69, 74, 91, 103, 165, 230, 233, 242, 249, 263, 280, BOO, 331, 1, Ivi — limitation of, 12 Majority gives sentence in B.C., 5 Manor, Grant of Stewardship of, 264 n. — Disputed customs of, Ivi Marriage, Proof of, 198, 205, 209, 214 — Clandestine, 200, 206 — of girl under sixteen, 260 Marshal, Earl, Court of, 67, 171 _ Mary, Queen, persecutions in time of, 183 Mass, celebration of, 168, 183, 190 Master and servant, 165 — to pay servant's fine, 105, 241, 243, 268, 328 Mayor, Imprisonment during plea- sure of Lord, 168 Memoriam, ad perpettiam rei, Wit- nesses, 279 Merchant, Comptroller of Customs not to be, 98 Middlesex, Sheriff of. Address to James I., 181 Milliner, selling gloves, 18 Miners, Coal, 35 Minister, deprived, 48 _ charge against, 31, 48, 282, 316, 389 390 _ degraded, 87, 316, 341, 343, 390 — libel by, 341 — silenced, 433 Mint, Assay of, 38, Ivii Misdemeanour, 5, 7, 27, 34, 53, 61, 63, 85, 86, 107, 166, 171, 234, 23B, 242, 243, 271, 279, 280, 282, 300, 316, 319, 322, 834, 374 iilatUrcs 475 Misdemeanour in Judge punishable in S.C, 98 Monasteries, Dissolution of, 92 — Cases of, Ivi Monopolies, 182, App. 18 Moor earth, 176 Mortal wounds cured, 108 Motion to stay hearing, 2 — to dismiss insufficient Bill, 1, 47, 61,62 Motions, 38, 46, 63, 101 Murder, Ivii — Barrister of Gray's Inn, hung for, 4, 99 — Accessory to, 134 Music in taverns, 114 Musters, 32, 115, 234, 437 — release of pressed men, 32 Nailees, Staffordshire, 35 Ne exeat regno, 186 Newgate, Sessions at, 168 Next friend of defendant, 22 Night deeds odious, 107, 370 — Eiot by, 247, 263 — Arrest by, 325 — Carrying hay by, 370 Non sum informatus, 70 North Parts, Council of, 31, App. 9, liii Vice-President of, 150, 417 Northamptonshire, Riots in, 433 Nose, SHtting of, 19, 321 Nostrils, Slitting and burning, 321, 420, Ixii Oath in leet, 335 Oil of antimony, butter, stag's blood, and wax, 13 Orders, ex parte, 250 Ordnance, iron, Import of, 437 Outlaw not to be witness, 242 — Grant of goods of, 390 Outlawed plaintiff need not be an- swered, 97, 265 Overthwart burial, 284, 286 Palino, breaking down, 322, 346 Panel, alteration of, 80 Pannage, 311, 435 Paper-mill, 43 n. Papers, wearing, 40, 42, 48, 62, 64, 65, 70, 71, 72, 73, 79, 80, 90, 93, 97, 101, 104, 123, 177, 195, 241, 245, 248, 258, 261, 278, 301, 336, 341, 343, 373 Papists, 36, 178, 182, 188, 264, 287, 296, see Catholics and Eeousants Pardon, 27, 41, 64, 65, 72, 135, 197, 282 Pardon, how pleaded, 41, 118, 334 Parish must take up and bury body at inquest, 285 Park, 309 Parliament, Opening of, 84 — summons to, contempt of, 287, 293 — Petition against Member of, xx Parson, see Minister — may cutwood for repair of church, 347 Party not to serve writ, 2 Passport, Forgery of, 48 Patents and monopolies, App. 18. Pearl, liquor of, 13 Peeress, arrest of, 237 Peers, all, may sit in S.C., 171 — cannot be arrested, 237 — may be ' disnobled,' 238 — Irish, 240 — whether to answer on oath or honour, 275 Pending cause, what, 27 Pensioners, Gentlemen, 296 Perjury, 5, 7, 31, 40, 43, 45, 63, 68, 74, 82, 83, 88, 91, 95, 98, 103, 108, 118, 129, 154, 155, 157, 167, 236, 300, 319, 336, Ivi — what, 5, 6 — in Court of Wards, 1 — in Queen's Bench, 4, 7 — ■ before Council of North Parts, 31 — in the Star Chamber, rule as to, 45 Person, defendant in, 244 — plaintiff in, 271, 309 Petition to Queen, pendente lite, 51 — against judgment of S.C, pu- nished, 146 — private, not to prejudice, 161 — to King to stay injunction in Chancery, 176 — against judges, 183 — to King by Papists, 297 Petitioners, multitude of, 188 Petitions to King, 176, 182, 305, 322 Pew, 176, 231 Pewterers, 302, 440 Physic, unlicensed practitioner in, 13, 15 Pie-powder, Court of, 88, 244, 246 Pillory, 19, 30, 37, 40, 42, 44, 48, 54, 60, 61, 62, 64, 65, 71, 72, 73, 84, 87, 90, 93, 95, 97, 101, 104, 105, 123, 124, 128, 133, 147 n., 152,177, 184, 195, 226, 241, 248, 251, 258, 261, 278, 301, 321, 341, 343, 347, 372, 420 Pix, trial of, 38 476 hXat}: M Plague, 2, 168, 185, 202, 207, 283, 329 Plaintiff fined, 4, 10, 31, 45, 52, 64, 81, 89, 108, 119, 149, 157, 166, 193, 263, 336 — committed, 4, 10, 81 — base, to find surety, 6 — to pay costs, 9, 45, 52, 54 — to confess, 9, 54 — in forma pauperis, 90, 93 — whipped for slanderous Bill, 93 — outlawed, need not be answered, 97 — fined for settling case, 103 — fined for bad behaviour of his wife, 161 Plaintiffs, many, Ivi Play-makers, subject for, 48 Pleadings, long, 10 Plymouth water-works, App. 8 Poaching, 94, 107 ' Pocket ' Justice of Peace, 109 Poisoning, Ivii — by gloves, 13, 16 — by smells, 17 Poor, Treasurers for, 335 Pope, the, 188, 191 Posse comitatus, 129 Possession, riotous taking, 53 — taking, pendente lite, 59 — when maintainable by force, 245, 265, 272, 328, 332, 333 — not decided in S.C., 323 Post nati, case of, 349, App. 23 Pound, breaking, 322 Practice, 243, 279 Praemunire, 351, 360, 373 Prayer Book, 162 Precedence of President of Council of North Parts, 150 Pre-emption of tin, 802 Prerogative, Eoyal, 249, 278, 300, 302, 811, 828 Press money, 138 Pressed soldiers, 138 release of, 82 — • — fees for discharging, 116 Presumptions, 865 Prices, conspiracy to enhance, 305 Priests, seminary, 86, 183, 264, 300, 326 — accused of burning child, 37 — condemned for treason, 168 — harbouring, 289 — freedom from arrest of, 337 Principal and accessory, 135 Prisoner, starvation of, 374 Privy Council, 15, 51, 71, 78, 104, 111, 436, vi, xl, liii examinations by, 71 libel on, 147 Privy Obunoillors are Judges in S-C, 9,liv forgery of signatures of, 36 must be Protestants, 190 Process, service of , 85, 87, 325, 338,384 — return of, 192 Processes of S.C, 90 Proclamation in Chancery, 56 — by Sheriff, 314 Proclamations in Star Chamber, Ivii — Book of, 179 »., 318 n. ■ — various, 182 Proofs must coincide with charge in Bill, 262 Prosecution, malicious, 176 Prosecutor, Public, of recusants and seminary priests, 37 Protestants, Privy Councillors must be, 190 Publication of forged deeds, 3 Puritans, 188, 190, 191 PurUeu, 867 Purveyors, 58, 182, 198, 196, 248, 278, 437 Queen's Bench, perjury in, 4, 7 — Goldsmith, 43 — Household, provision for, 58 — jointure, 199 Qtto warranto, 305 Ransom, 177 Eeaders of Inns of Court to sign Bills, 32 Rebellion, Commission of, 6, 90, 166 — proclamation of, 86, 90 Record, erasm-e of, 89 Recovery stayed quia I'enfant en ventre sa mire, 69 Recusants, 162, 182, 183, 189, 231, 265, 282, 313, see Catholics and Papists — refusal to bury, in churchyard, 282 — Public Prosecutor of, 37 — punishment of, 184, 282 Reference to Chief Justices, 11 References, multitude of, 169 Reformers, exhortation to, 162 Regrator, 115 Religious doubts, 17 — toleration, 188 Replevin, 245, 334 Rescue, 384 Resistance to process of S.C, 157 Restitution by defendant, 34 Retainers, 1 — Statute of, 21 iBatters 477 Eetaining, 71 Elding with face to horse tail, as punishment, 177 — on ass, as punishment, 248 Eight of way, 149, 233 — in river, 10, App. 1 Eing, stone, for spleen, 400 Eiot, 10, 25, 26, 27, 34, 40, 42, 49, 61, 68, 69, 70, 74, 83, 85, 86, 88, 91, 93, 96, 103, 107, 108, 113, 114, 115, 139, 145, 147, 149, 153, 157, 159, 160, 161, 165, 167, 168, 192, 235, 243, 244, 246, 247, 249, 263, 264, 271, 279, 280, 309, 314, 316, 319, 322, 323, 327, 330, 332, 333, 336, 343, 346, 369, 1, Ivi — in both plaintiff and defendant, 148 — in taking possession on order, 168 Eiver, right of way in, 10, App. 1 — bank, public, for towing and dry- ing nets, 385 Bobbery, 99, 233 Eogues and vagabonds, 21, 102, 106 Eout, 35, 103, 192, 1 Sabbath, abuse of, 265, 278, 333, 343, 370 S. George's Day and Feast, 74, 109 Sale of land pendente lite, 243 Saltpetre men, 76, 182, 437 Sanity, S.C. will not inquire as to, 74 Saxon laws cited, 45 Scandal, 208 — about Queen Elizabeth, 163, 222, 267 Scandalous interrogatories, 44 ■ — answer, 308 Scandalum magnatum, 226 Scarcity, 57, 104, 367 Schoolmaster to Edward VI., 207 Scire facias, 305 Scots, post nati, 349, App. 23 Sorope and Grosvenor case cited, 67 Seal, forgery of, 36, 388, 390 — Great, 365 Sealing will, 196 Secondary, 240 Sedition, 188 — stirred up by the Pope, 183 Seditious words, 104, 114 Seisin, 116 Semayne's case, 325 Seminary priests, see Priests Sentence, majority gives, 4, 5, 24 Serjeant, arrest by, 240 — misconduct of, 241 Serjeants, precedence of, in moving, 46 Service of process, 2, 85, 87 Sheriff, 240, 327 — misconduct of, 74, 319, 341, 1 — resistance to, 129, 167 — warrant of, forgery of, 236 — accounts of, 437 ' Shouts,' vessels called, 384 Sitting, Long, 17 Slander, 13, 39, 44, 62, 54, 192, 232, 318, 348 — of judge, 99, 177 — of justice of peace, 113, 177 Slanderers to be punished, 57 — ancient law as to, 346 Slandering, sentence of S.C, 64, 65 Slanderous news, spreading, 39 — books, 373 Smalt, monopoly of, 437 Soliciting, 3 Solicitors, 45, 244, 331 Spain, treaty of peace with, 186, 191 Spaniards, false alarm as to, 39 Spanish Armada, 434 Specific performance, 82 Spleen, stone ring for, 400 Staffordshire nailers and miners, 35 Stag's blood, oil of, for gout, 13 Stannaries, 302, see Tin — privileges of, 94, 96 Star Chamber, Court of, history of, xl antiquity of, xl jurisdiction of, xU, xlix, 1, Ivi practice of, xli petitions against, xlii, xlix Statutes relating to, xlix, 1, liii 3 Hen. VII. cap. 7, 1, liv early mention of, xlv — — early instances of, 1 — . — building of, xlii, App. 26 remains of, xliii judges of, 5, 9, 1, liv kings sitting in, 301, xlvii, li, liv abolition of, liii — — branches of, liii . constitution and procedure of, xli, liv offences punished in, 1, Ivi miscellaneous business of, Ivii site of, xlii, xliv, xlvi — — rebuilt by Elizabeth, xliii views of, xliii ceiling of, xliii date of original, xlii, xliv '■ name of, 15, 123, xHi — — meaning of name, xlvi various theories as to, xlvi, 15, 123 478 Mtitv M star Chamber, Hudson's theory aa to name of, xlvi Blackatone's, xlviii substantial justice done in, U oppression of, lii fines in, Ixi torture in, Ixii j — — cruelty of, Ixii — — attorneys of, 1 clerk of, 1, 2, 95, 369 deputy clerk of, 369 sits at St. Albans, 2 sentence of, 4, 24 commendation of, 9, 65 may sit in vacation, 15 empty room near, 39 no jurisdiction in cases of heresy, 42 ; armorial bearings, 67 ; sanity, 74 ; honours or titles, 171 ; possession, 323 ■ perjury in, 45 slandering sentence of, 64, 65 processes of, 90 Eeoords of, 94 punishes misdemeanours in judges, justices of the peace, &c., 98 petition against judgment of, punished, 146 not created by 3 Hen. VH. cap. 1, 301, 1 taxation of fines in, App. 7, Ixii calendar of causes in, lii Starch, blue, monopoly of, 437 Starra, Jewish documents so called, xlviii Starvation of prisoner, 374 Statute merchant, buying, 12 Stellionata crimina, 123, xlvi Stocks, breaking, 49 — woman sentenced to, 283 Stool, confession on, 108 Subornation, 3, 12, 31, 63, 88, 91, 95, 157, 202 Subpoena, 6, 90 — ad audiendum judicium, 63, 70, 157 — to execute judgment, 113 Subsidies, 31, 102, 106 — to be equally assessed, 102, 106 Subsidy, improper levy of, 176 — misconduct of collector of, 334 Suicides, goods of, Ivii Suit unworthy of S.C. disnussed, 832 Summons to Parliament, contempt of, 287, 293 Supersedeas, 335 Surgeon's fees, 108, 159 ' TablIno,' an unlawful game, 261 Tattooing on cheek suggested in- stead of branding, 38 Taverner, 114 Taverns, music and games in, 114 — closing hours of, 114, see Ale- houses Tents, Hales, and Pavilions, Master of, 193 m. Thrave of corn, li Timber, seizure of, by purveyors, 193 »., 194,278 — waste of, 347 Tin, pre-emption of, 302, 437, App. 20 Tithes, 93, 145, 147 Tithingman, 265, 282 Tobacco, duty on, 436 Toils, Master of the, 193 n., 194 — the King's, 278 Toleration, religious, 188, 295 Tongue, cutting out slanderer's, 192 Torture, doubtful if used by S.C, Ixii Traitors' heads set up, 257 Transport of goods without custom, 305 Treason, 97, 169, 184, 188, 252, li — depositions in, 204 — punishment for, 257 — judgment in cases of, 150 — kilUng judge, 314 — libelling the King, 372 — misprision of, 97, 288, 293 Treasurer, Lord, kilUng, treason, 252 Trees, barking, 12 — cutting, 159 Trial, new, petition for, at common law after sentence in S.C, pu- nished, 146 Turkeys, killing, 176 Union of England and Scotland, 349, 363, see Case of Post nati — proclamation of, 182 Unlawful assembly, 103 Usher of Queen's Chamber, 195 Usury, 7, 23 — Statute of, 236 Vagabonds, 57 Vagrants, 264, 326 Venire facias, 80 Verdict, falsification of, 86 iMattersf 479 Wales, Court of the Marches of, liii, 6, 25, 31, 166, 244, 249 — Deputy Lieutenant of, extortion by, 115 — Counoil of, 136, 146 appointed by the Queen, 146 Ward, seizure of a, 70 Wards, Court of, 1, 69, 338, 370 resisting decree of, 167 Warrant, 96, 243 — of attorney, 70 — blank, 112, 319 — forgery of, 36, 112 — improper use of, 108 — form of. 111 Warranty of land, 83 Waste, 12, 107, 279 — of woods, 347 Watch, beating the, 114 Watches to be kept, 57 Waterway, disturbance of, 10 Waterworks, interfering with, 144 Way, right of, see Right of Way Weapons, unlawful, 148 — carrying, 41, 313, 337, 343, 370, 451 Westminster, persons residing in, to be informed against, 106 — Palace of, Edward III. adds to, xlii Whipping, 40, 44, 48, 55, 93, 104, 124, 147 TO., 161, 195, 258, 341, 343, 373 — woman, 161 — one not a party, 161 Wife, husband fined for misconduct of, 161 Will, 3, 28, 30 — forgery of, 3, 28, 88, 105, 149, 195 — good without executor, 3 — verbal, 28, 195, 320 Windows, breaking, 315 Wine, spirit of, 13 Wines, sale of, 436 Witness, one not sufficient in criminal cases, 15 — infamous, 16 — tampering with, 99 — perjured, 145 Witnesses, examination of, ad per- petuam rei memoriam, 279 on commission, 116 — viva voce, for credit, only by con- sent, 15 — in cross bill not read, 318 Woman, whipping, 161 Woman's dress, men to wear, on pillory, 104 Women and base fellows not to use empty room, 39 — not to appear in person, 161 — defendants, 247 Words, uncertain, 5, 6 Wounds, mortal, cure of, 108 — compensation for, 109 Writ not to be served by party, 2 — dedimus potestatem, 98 — capias, 112 — ad audiendum judicium, 157 Writs returned by attorney, 80 York, Counoil at, see North Parts 480 INDEX III Persons and Places Abbot, George, Bishop of London, Ixv Abergavenny, Lady, 238 Aborfield, Berks, xv Acatery, Serjeant of the, xxii Acton, Charles, xxix — Edward, xxxiv — Jane, xxxiv — John, xxix, xxxiv — Martha, xxix, xxxiv — Thomas, xxix Addington, Surrey, xxvi Adelmare, Caesar, 336 ii. Admiral, Lord, see Charles Howard jEneas, 365 n. Agar, — , Deputy Eeeeiver to the Queen, 152 Ager, William, 414 Albury, Hertford, 338 n. Aldborough, — , 196 Aldborough, Norfolk, 28 Aldrige, — , 70 Aldworth, - , 69 Allen, — , 117 Almoner, Queen's, 6 n., 127, 421 Altham, James, Baron of the Ex- chequer, 849, Ixv Amisloe, — , 40 Amye, Dr., Master in Chancery, 84 Anderson, Sir Edmund, Chief Justice of the Common Pleas, 7, 8, 10, 11, 12, 24, 25, 26, 31, 41, 47, 54, 59, 62, 67, 80, 81, 86, 91, 92, 99, 100, 103, 104, 106, 108, 118, 128, 132, 134, 143, 151, 156, 159, 160, 165, 168, 379, Ixv Angell, Elizabeth, xxii — James, xxiil — John, xxiii — WilUam, xxii, xxiii Anglesey, — , 36 Annate, — , 97 Anne of Denmark, Consort of James L, 199, 257, 261 n., 272, 335 Ap Grifeth, Bhys, 295 n. Ap Nicholas, Griffith, 439 Ap Thomas, Sir Ehys, K.G., 295 n., 439 ; Thomas, 439 Aquitaine, 365, 366 Arches, Court of, 26 Arnold, — , 157 — Dorothy, 157 n. — Sir Nicholas, 157 n., 158 ArnoU, Edward, 338 Arthur, Prince of Wales, li Arundel, Earl of, 67, 123 Arundel's, Lord, younger son, 428 Ascoe, see Askew Ashbie, Edward, 338 Ashton, Sir Roger, 436 Askew, — , 12, 46, 114, 146, 271 Aston, Thomas, 405 Atkins, — , 330 n. Atkinson, — , Counsel, 330 — Anthony, 147, 411 — Father, 183, 184, 185 Attorney-General, see Edward Coke, Thomas Egerton, Henry Hobart Atwood, Morris, 413 Audeley, — , 125 Audley, Eleanour, Lady, 202, 214 — Elizabeth de, xlvi — James, Lord, 202, 214 — James de, xlvi — Nicholas de, xlvi — see Tuchet Babbington, Dr., 218, 220, 222 Backhouse, — , 278 Bacon, Elizabeth, xv, xvii — Sir Francis ; Counsel, 61, 78, 171, 263; Sol.-Oen. 328, 329; Clerk of Star Chamber, 369, 447 ^ptrT ^ ^