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<DATE>10-24-14</DATE>
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<NAME>John Latta</NAME>
<RESP>MURP</RESP>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<PB REF="2">
<PB REF="2" MS="y">
<P>STAR-CHAMBER CASES.</P>
<P><HI>Shewing</HI> WHAT CAVSES PRO|PERLY BELONG TO THE COGNIZANCE OF THAT COVRT.</P>
<P>Collected for the mo&s;t part out of M^r. CROMPTON, his Booke, entituled <HI>The Iuri&s;diction of divers Courts.</HI></P>
<P><HI>LONDON,</HI> Printed for IOHN GROVE at Furniuals Inne Gate. 1630.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="preamble">
<PB REF="3" MS="y">
<PB N="1" REF="3">
<HEAD>The Preamble explaining the cau&s;es properly belonging to the Cognizance of the <HI>Starchamber, viz. Vnlawfull A&s;&s;emblies, Routs, Riots, Forgeries, Periuries, Cozenages, Libelling,</HI> and other like mi&s;demeanors not e&s;pecially provided for by the <HI>Statutes.</HI></HEAD>
<P>_AN Vnlawfull A&s;&s;embly is the meeting of three or more per&s;ons together,<NOTE PLACE="marg">Vnlawfull A&s;|&s;emblies.</NOTE> with force to commit &s;ome unlawfull act, and abiding &s;till, not ende|voring the execution thereof, as to a&s;&s;ault or beat any per&s;on, or to enter into his Hou&s;e or Land, &amp;c. <HI>We&s;t part</HI> 2. <HI>Symbol. tractat. Indict|ments Sectio</HI> 6. <HI>Lambert</HI> in his <HI>Eirenarch.</HI> &s;aith of it thus: An unlawfull a&s;&s;embly is the com|pany of three per&s;ons (or more) gathered to|gether to doe any unlawfull act although they doe it not in deed. So &s;aith <HI>Kitchin fol.</HI> 20.</P>
<P>Rout<NOTE PLACE="marg">Rout.</NOTE> is originally a French word &s;ignifi|ing a Company or flocke. It &s;ignifieth in our
<PB N="2" REF="4"> Com|mon Law an A&s;&s;embly of three per&s;ons, or more going about forceably to commit an vnlawfull act, but yet doe it not. <HI>We&s;t part.</HI> 2. <HI>Symbol. Tractat. Indictments. Sect.</HI> 65. <HI>Lambert</HI> thus writeth of it; A Rout is the &s;ame which the <HI>Germanes</HI> yet call <HI>(Rot)</HI> meaning a Band or great Company of men gathered together, and going about to execute, or executing in|deed any Riot or vnlawfull Act. And (&s;aith <HI>Marrow</HI>) it is &s;aid properly of the multitude that a&s;&s;emble them&s;elues in &s;uch di&s;orderly &s;ort for their common quarrels. As if the In|habitants of a Town&s;hip doe a&s;&s;emble to pull downe a hedge or pale, to haue Common where they ought to haue none, or to beate a man that hath done them &s;ome publike of|fence or di&s;plea&s;ure. But the <HI>Stat. of</HI> 18. <HI>Ed.</HI> 3. <HI>cap.</HI> 1. which giueth Proce&s;s of Outlawry again&s;t &s;uch, as bring routs into the pre&s;ence of Iu&s;tices, or in affray of the peoplea; and the <HI>Stat. of Anno R.</HI> 2. <HI>cap.</HI> 6. that &s;peaketh of ry|ding in great Routs to make entry into lands, to beat others, and to take their wiues, &amp;c. do &s;eeme to vnder&s;tand it more largely.</P>
<P>And it is a Rout whether they put their purpo&s;e in execution or not, if &s;o be that they goe, ride or moue forward after their meeting. <HI>Br. titulo Riot. ca.</HI> 5. So as it &s;eemeth, a Rout &s;hould be a &s;peciall kinde of vnlawfull A&s;&s;embly. And the di&s;orderly fact commit|ted
<PB N="3" REF="4"> generally by any vnlawfull A&s;&s;embly: How&s;oeuer it be, two things be common both to Rout, Riot, and vnlawfull A&s;&s;embly; the one that three per&s;ons at the lea&s;t, bee gathe|red together; for &s;o it is commonly taken at this day, as I haue learned: the other that they being together, doe breed di&s;turbance of the Peace, either by &s;ignification of &s;peech, &s;hew of Armour, turbulent ge&s;ture, or actuall and expre&s;&s;e violence, &s;o that either the peaceable &s;ort of men bee vnquieted and feared by the fact, or the lighter &s;ort &amp; bu&s;ie bodie embold|ned by the example. Thus farre M. <HI>Lamb.</HI> in whom you may read much more to this pur|po&s;e worth the reading.</P>
<P>A Ryot<NOTE PLACE="marg">Ryott.</NOTE> is the forcible doing of an vnlaw|full act by three or more per&s;ons a&s;&s;embled together for that purpo&s;e. <HI>We&s;t. part.</HI> 2. <HI>Sym|bol. tractat. Indictments Sectio</HI> 65. <HI>Kitchin fol.</HI> 19. giueth the&s;e examples of Ryots, the breach of inclo&s;ures, or of banckes or Conduits, Parks, Ponds, Hou&s;es, Barnes, the burning of &s;tacks of Corne. And M^r. <HI>Lambert</HI> in his <HI>Eirenar|cha</HI> v&s;eth the&s;e examples, to beat a man, to en|ter forcibly vpon a po&s;&s;e&s;&s;ion.</P>
<P>The <HI>Statutes</HI> that concerne the&s;e matters are the&s;e following, <HI>Anno</HI> 2. <HI>Edw.</HI> 3. <HI>cap.</HI> 3. commonly called the <HI>Stat.</HI> of <HI>Northampton.</HI></P>
<LIST>
<ITEM><HI>Anno</HI> 2 <HI>R.</HI> 2. <HI>Stat.</HI> 1. <HI>cap.</HI> 6.</ITEM>
<ITEM><HI>Anno</HI> 13. <HI>H.</HI> 4. <HI>cap.</HI> 7.</ITEM>
<PB N="4" REF="5">
<ITEM><HI>Anno</HI> 2. <HI>H.</HI> 5. <HI>cap.</HI> 8. <HI>&amp;</HI> 9.</ITEM>
<ITEM><HI>Anno</HI> 8. <HI>H.</HI> 6. <HI>cap.</HI> 14.</ITEM>
<ITEM><HI>Anno</HI> 11. <HI>H.</HI> 7. <HI>cap.</HI> 7.</ITEM>
<ITEM><HI>Anno</HI> 19. <HI>H.</HI> 7. <HI>cap.</HI> 13.</ITEM>
<ITEM><HI>Anno</HI> 1. <HI>Mar. Parl.</HI> 1. <HI>cap.</HI> 12.</ITEM>
<ITEM><HI>Anno</HI> 2. <HI>R.</HI> 2. <HI>Stat. primo cap.</HI> 7.</ITEM>
<ITEM><HI>Anno</HI> 17. <HI>R.</HI> 2. <HI>cap.</HI> 8.</ITEM>
</LIST>
<P>The Civilians call it <HI>Caetum, vel Turbam,</HI> which we call an unlawfull a&s;&s;embly, defining it in the&s;e words: <HI>Turba e&s;t quae con&s;i&s;tit ex mul|titudine hominum ad malt cuju&s;quam perpetratio|nem congregatorum;</HI> and this multitude mu&s;t be of fifteene, or tenne at the lea&s;t. <HI>Praetor de vi bono rapt.</HI> &sect;. 1. <HI>Et Barthol. ibidem.</HI> How|beit, the Con&s;titutions and Cu&s;tomes of di|vers Countries doe re&s;traine this to a le&s;&s;er number: as to foure in Burgundy, <HI>Cha&s;&s;aneus de Con&s;uetud. Burgum rubri</HI> 13. &sect;. 6. And it is a private offence to any per&s;on, &amp; lyeth <HI>civiliter ad duplum</HI> only, within the compa&s;s of the fir&s;t yeare: and <HI>ad &s;implum</HI> afterwards for any thing lo&s;t, or other harme incidently befal|ling; or <HI>in quadruplum,</HI> for any thing taken away by any of the tumult. But it is al&s;o pu|ni&s;hed criminally, as a publike offence done to the Commonwealth, and again&s;t the peace. And fir&s;t if the force be done without armes, it is called <HI>vis privata,</HI> and puni&s;hed by the third part of his goods that cau&s;eth it, and by infamy that depriveth him of all po&s;|&s;ibility
<PB N="5" REF="5"> either to become a Senatour, or a Decurian, or a Iudge, or other Honourable per&s;on, or Officer. If it be with armes, then it is termed <HI>vis publica,</HI> and is puni&s;hed in the intention no le&s;&s;e than in the effect, <HI>per depor|tationem,</HI> that is, perpetuall bani&s;hment, if he be a freeman; or by death, if &s;laughter be committed: If he be a &s;ervant, then by death &s;imply. The Saxons puni&s;h it at this day <HI>per fa&s;tigationem, vel manus amputationem.</HI> But three things here be acce&s;&s;arily incident. Fir&s;t, that the force rai&s;ed be greater than may bee re&s;i&s;ted by him again&s;t whom it is intended, without other helpe. Next, that the force be <HI>vis armata,</HI> that is, <HI>quae fit adhibitis armis:</HI> the third, that there be <HI>dolus,</HI> that is, a pretended malice, or &s;etled intention to harme. <HI>Gayl. de pace Pub. lib.</HI> 1. <HI>cap.</HI> 7.</P>
<P>The rea&s;on why the intention in this ca&s;e is reputed an effect, is becau&s;e it is reckoned <HI>inter atrociora delicta:</HI> In the which, for the extraordinary regard of the publike e&s;tate, <HI>conatus perinde atque effectus punitur. Gayl. ubi &s;upra cap.</HI> 13.</P>
<P>Forgery<NOTE PLACE="marg">Forgery.</NOTE> is a fal&s;hood committed in or a|bout &s;ome writing or Deed: as if a man write or &s;igne a fal&s;e Te&s;tament, or fal&s;ely &s;et down therein &s;ome Legacie, or tru&s;t in him&s;elfe; or if he make a fal&s;e Deed, or Accompt, or other In&s;trument; or if he bribe or corrupt
<PB N="6" REF="6"> a Iudge, or doe raze, change, or corrupt any writing, to the defrauding of another man, or doe convey, remove, or take away, &s;up|pre&s;&s;e, conceale, or fal&s;ely &s;igne a Te&s;tament, or counterfeit another mans hand in writing, or counterfeit the hands of Magi&s;trates, and Certificates, Te&s;timonialls, or Licen&s;es in their names, or corrupt or &s;uborne fal&s;e wit|ne&s;&s;es, or make fal&s;e accompt or reckoning. <HI>We&s;t. part.</HI> 2. <HI>Symbol. tractat. Indictments, Sect.</HI> 60. I finde three Statutes again&s;t this of|fence.</P>
<LIST>
<ITEM><HI>Anno</HI> 1. <HI>H.</HI> 5. <HI>cap.</HI> 3. repealed by <HI>Anno Ed. cap.</HI> 14.</ITEM>
<ITEM><HI>Anno</HI> 7. <HI>H.</HI> 5. <HI>cap.</HI> 3.</ITEM>
<ITEM><HI>Anno</HI> 5. <HI>Eliz. cap.</HI> 14.</ITEM>
</LIST>
<P>Forgery, is that which the Civilians call <HI>Crimen fal&s;i,</HI> or at the lea&s;t one part thereof: For by them <HI>Crimen fal&s;i</HI> is extended as well to fal&s;e mea&s;ures, or weights, to fal&s;e accu&s;a|tions, and con&s;piracies, (as we call them) <HI>ad partus &s;uppo&s;itos,</HI> and &s;uch like, as to forging of writings, or Deeds. That which wee call Forgery, they terme <HI>fal&s;itatem &s;criptorum,</HI> which is committed by as many wayes as are above expre&s;&s;ed in the example of definition &s;et downe by <HI>We&s;t.</HI></P>
<P><HI>Bana fal&s;i, aut qua&s;i fal&s;i, id e&s;t, ejus delicti quod ex Senatus con&s;ulto, aut interpretat' pru|dent: pro fal&s;o habetur, e&s;t deportatio, &amp; omnium
<PB N="7" REF="6"> bonorum publicatio, in liberis, in &s;ervis ultimum &s;upplicium: Sed hodie haec e&s;t paena arbitraria, &amp; pro qualitate delicti, aut extenditur ad ulti|mum &s;upplicium, aut remittitur u&s;que ad manus amputationem, vel religationem temporal. We&s;enb. in parat. de crimine fal&s;i.</HI> But for the diver&s;ity of puni&s;hments in this ca&s;e, according to the diver&s;ity of the offence in the&s;e latter times, See <HI>Dantrowderius</HI> in his criminall practice, <HI>cap.</HI> 122.</P>
<P>Perjury<NOTE PLACE="marg">Perjury.</NOTE> is a lye confirmed by oath. <HI>We&s;t. part.</HI> 2. <HI>Symbol. tractat. Indictments Sect.</HI> 28. <HI>Men|dacium juramento firmatum, Iul. Clar. perjur.</HI> This perjury that is puni&s;hable in the Starre-chamber, as I have heard learned men &s;ay, is &s;uch as is committed in &s;ome of the Kings Courts of Record. For if it be an extrajudi|ciall perjury, or committed in a Court Chri|&s;tian, or any inferiour or ba&s;e Court, it is ra|ther puni&s;hable by Eccle&s;ia&s;ticall penance. Such perjury as is commonly puni&s;hed in the Starchamber, is corrected by &s;ome arbitrary cen&s;ure; as &s;ometime by fine to his Maje&s;ty, &s;ometime by pillory, &s;ometime by whipping, &s;ometime by lo&s;&s;e of an eare or eares, &s;ome|times by impri&s;onment, and &s;ometimes by more of the&s;e puni&s;hments joyned together, according to the quality of the offence, or of the per&s;on: touching perjuries, looke the&s;e Statutes:
<LIST>
<PB N="8" REF="7">
<ITEM><HI>Anno</HI> 3. <HI>Ed.</HI> 1. <HI>cap.</HI> 37.</ITEM>
<ITEM><HI>Anno</HI> 5. <HI>E.</HI> 3. <HI>cap.</HI> 6.</ITEM>
<ITEM><HI>Anno</HI> 11. <HI>H.</HI> 6. <HI>cap.</HI> 5.</ITEM>
<ITEM><HI>Anno</HI> 15. <HI>H.</HI> 6. <HI>cap.</HI> 5.</ITEM>
<ITEM><HI>Anno</HI> 18. <HI>H.</HI> 6. <HI>cap.</HI> 4. <HI>&amp; cap.</HI> 14.</ITEM>
<ITEM><HI>Anno</HI> 1. <HI>R.</HI> 3. <HI>cap.</HI> 4.</ITEM>
<ITEM><HI>Anno</HI> 11. <HI>H.</HI> 7. <HI>cap.</HI> 15. 21. 23. 24. <HI>&amp;</HI> 25.</ITEM>
<ITEM><HI>Anno</HI> 1. <HI>H.</HI> 8. <HI>cap.</HI> 1.</ITEM>
<ITEM><HI>Anno</HI> 23. <HI>H.</HI> 8. <HI>cap.</HI> 3.</ITEM>
<ITEM><HI>Anno</HI> 26. <HI>H.</HI> 8. <HI>cap.</HI> 4.</ITEM>
<ITEM><HI>Anno</HI> 5. <HI>El. cap.</HI> 9.</ITEM>
</LIST> We have perjury committed in England by one meanes, which in other Nations is un|knowne: And that is by the Iury or Enque&s;t, that breake their oathes in giving up their verdict. In which ca&s;e there lyeth a Writ of attaint again&s;t them, whereby they are &s;um|moned to appeare in the Kings Bench at a certaine day, and there being convict of per|jury, are according to the ancient Law of England to undergoe a mo&s;t ignominious puni&s;hment: as you may reade in <HI>Glanvil. li.</HI> 2. <HI>cap.</HI> 19. and <HI>Breton cap.</HI> 53. <HI>&amp; cap.</HI> 100. and <HI>Forte&s;cue cap.</HI> 26. And that is to have their Medowes eared, their Hou&s;es broken down, their Woods burned up, their Lands and Tenements forfeited to the King, and (as it may be gathered out of <HI>Fitzherb. Nat. Br.</HI> in the Writ of Attaints, <HI>fol.</HI> 195. their bodies to be committed to pri&s;on during the Kings
<PB N="9" REF="7"> plea&s;ure, but wee &s;ee no example of this in the&s;e daies, but rather in lieu of this, &s;ome of the&s;e puni&s;hments formerly expre&s;&s;ed.</P>
<P>This by the Civill Law is a branch of <HI>cri|men fal&s;i,</HI> and therefore is cen&s;ured as before is &s;et downe in <HI>Forgery,</HI> howbeit the be&s;t Ci|vilians be of opinion, that it hath not any or|dinary puni&s;hment, but <HI>juxta arbitrium Iudi|cis, Fachin de controv. Iuris, lib.</HI> 1. <HI>ca.</HI> 14. yet other effects doe follow of it, as <HI>Iulius Clarus</HI> mentioneth. <HI>Perjurium,</HI> fir&s;t it is que&s;tiona|ble, whether that he that is <HI>perjurus</HI> be <HI>infamis infamia Iuris</HI> or not, and the common opinion is negative, yet with this di&s;tinction, <HI>&s;uper ju|ramento a&s;&s;ertorio</HI> hee is not: <HI>Sed &s;i promi&s;crit cum juramento aliquid de futuro, &amp; illud non fe|cerit, ex tali perjurio fit infamis infamia Iuris; Item Clericus propter perjurium pote&s;t privari digni|tate obtenta non tamen privatur ip&s;o jure; Et haec e&s;t communis opinio, Clerirus tamen perjurus, &s;i in&s;tituatur in aliquo beneficio non valet in&s;titutio ip&s;o iure; Et haec e&s;t communis opinio, Clericus tamen periurus; incidit etiam perjurus circapacta, vel tran&s;actiones in poenas Legis</HI> 41. <HI>Col. de tran|&s;actione: viz. no~ &s;olu~ infamatur verumetia~ actione privatur re&s;tituta poena quae pactis probatur in|&s;erta &amp; rerum proprietate careat &amp; emolumento, quod ex pactione, vel tran&s;actione illa fuerit con|&s;ecutione. Praeterea perjurus repellitur ab agendo etiam &agrave; te&s;tificando: Si tamen juramentum lici|tum
<PB N="10" REF="8"> fuerit non temerit non temerarium &amp; illici|tum.</HI></P>
<P><HI>Excu&s;atur tamen perjurus a poena perjurij di|ver&s;is modis, &amp; inprimis, &s;i o&s;tendit &s;e &s;ine dolo fui&s;&s;e pejurum.</HI></P>
<P><HI>Secundo propter difficultatem juramenti ob&s;er|vandi. Tertio &s;i tale perjurium nulli alij &s;it de|trimento&s;um.</HI></P>
<P><HI>Romani &s;olebant eos punire qui per nomen Prin|cipis perjuri erant, nos quidem eos qui per nomen Dei perjuri &s;unt.</HI></P>
<P>Cozenage<NOTE PLACE="marg">Cozenage.</NOTE> is an offence, whereby any thing is done guilfully in or out of contracts, which cannot fitly bee termed by any &s;peciall name, <HI>We&s;t. part</HI> 2. <HI>Symbol. tract. Indictments Sectio</HI> 68.</P>
<P>This is by the Civilians called <HI>Stellionatus, &agrave; Stellione, quod e&s;t lacertae genus quo nullum ani|mal homini invidet fraudulentius, Plinius libr.</HI> 3. <HI>cap.</HI> 10.</P>
<P>The puni&s;hment of this is Arbitrary as in our Realme, &s;o likewi&s;e by the Civill Law, as appeareth by the twentieth title of the 47. booke of the Dige&s;ts, and <HI>We&s;enbecius</HI> parat. upon the &s;ame.</P>
<P>Libellers be oftentime dealt with in Star|chamber, as offenders not &s;ufficiently provi|ded for by the Lawes otherwi&s;e, wherefore it is not ami&s;&s;e here to define a Libell: <HI>Famo|&s;us Libellus e&s;t non modo &s;i di&s;simulato, vel ficto
<PB N="11" REF="8"> authoris nomine edatur, verumetiam &s;i expre&s;so.</HI> But then what is the difference betweene an injurie in writing, and a Libell?<NOTE PLACE="marg">An iniury in writing.</NOTE> For <HI>iniuria</HI> is either <HI>realis quae re infligitur, ut per verbera, aut verbalis quae verbo vel &s;cripto</HI> or <HI>per&s;onalis quae per&s;onae infligitur ut per verbera vel cruciatum.</HI> The difference therefore betweene a written injury and a Libell is, <HI>quia famo&s;us libellus ad infamiam pertinet, hoc e&s;t impingit delictum ali|quod not abile, injuria fit contumeliae cau&s;a, etiam ab&s;&abque; infamiae nota, ut &s;i quis lu&s;cus, &s;purius, clau|dus, alioue contumelio&s;o nomine appelletur &amp; tra|ducatur.</HI></P>
<P>The re&s;t of the mi&s;demeanors puni&s;hable in this Court cannot bee comprized under any certaine title but this, for that the mo&s;t part be &s;uch as receive no &s;peciall puni&s;hment, by either the common or Statute Law. And the&s;e in the Civill Law are called <HI>crimina ex|traordinaria quia extra ordine puniuntur, unde cer|tae nullae poenae exi&s;tunt; Sed arbitrio iudicis com|mittuntur.</HI> Of the&s;e you may read many in the 47. booke of the Dige&s;ts, <HI>titulo</HI> 11. and in <HI>We|&s;enbecius</HI> upon the &s;ame. But which they bee with us appeareth in &s;ome &s;ort by the&s;e ca&s;es, that M. <HI>Crompton</HI> hath in this treati&s;e follow|ing &s;et downe <HI>de facto</HI> to have beene cen&s;ured heretofore in this Honourable Court.</P>
</DIV1>
<DIV1 TYPE="collection of cases">
<PB REF="9">
<PB N="13" REF="9">
<HEAD>The Court of <HI>Starre-chamber,</HI> and matters before the Kings Coun&s;ell. Set forth in <HI>French</HI> by M. <HI>Crompton</HI> in his Booke entituled, <HI>The Iuri&s;diction of divers Courts.</HI></HEAD>
<P>_THe Court of <HI>Starr-chamber</HI> is a High Court, held be|fore the King, and his Coun&s;ell, and others. And tho&s;e that be &s;ued there bee called by a <HI>Subpoena</HI> to ap|peare before the King and his Councell, at the day mentioned in the writ. At the which day if he make default, then upon oath taken that the party was &s;erved with the <HI>Subpoena,</HI> there &s;hall i&s;&s;ue out an Atachment, upon the which if he be taken and doe appeare, he &s;hall be committed to the <HI>Fleet,</HI> by the di&s;cretion of the Court. If hee bee not taken nor yeeld him&s;elfe, there &s;hall then i&s;&s;ue out a Procla|mation of Rebellion, with Commandement to apprehend him, and to have his body be|fore
<PB N="14" REF="10"> the King, and his Coun&s;ell at the day &s;et downe in the writ. At the which if he appeare he &s;hall be committed to the <HI>Fleet.</HI> But if hee appeare <HI>gratis</HI> upon the Proclamation or up|on the Attachment the contempt will not be &s;o heynous, if hee have any rea&s;onable ex|cu&s;e. And upon his default of appearance upon the Proclamation there &s;hall goe out a Commi&s;&s;ion of Rebellion which appeareth hereafter in this treati&s;e.</P>
<P>Note that if the partie doe <HI>gratis</HI> yeeld him&s;elfe upon Proclamation hee &s;hall bee bound by Obligation to the King before the Ma&s;ter of the Office of this Court to ap|peare at everie Se&s;&s;ion of the Lords untill he be di&s;charged.</P>
<P>Note that the <HI>Stat. Anno</HI> 3. <HI>H.</HI> 7. <HI>cap.</HI> 1. giveth that the Chancellor, and the Lord of the privy &s;eale, calling to them two Lords, the one &s;pirituall the other temporall of the Kings Coun&s;ell, and the chiefe Iudges, may examine Riotts and maintenances,<NOTE PLACE="marg">Maintenances.</NOTE> &amp;c. And none is Iudge of this but the Cha~cellor, Trea|&s;uror, or Lord Privy Seale, or two of them: the other &s;hall be A&s;&s;i&s;tants and not Iudges. <HI>Ad quod concordant omnes Iu&s;ticiarij;</HI> And the &s;ame is to be &s;aid of the Statute concerning the rever&s;ing of errours in the Exchequer Chamber by the Chancellor and Trea&s;uror, calling to them two Iudges <HI>&s;ed in primo ca&s;u
<PB N="15" REF="10"> Iu&s;ticiarij tenent</HI> it to be an error, If the Chan|cellor, Trea&s;uror, &amp;c. doe not call the Iudges, and doe by their Iudgments, becau&s;e the <HI>Stat.</HI> &s;o limiteth, 8. <HI>H.</HI> 7. 13. <HI>Commentar.</HI> 393.</P>
<P>An Abbot relea&s;eth his right in twelve Acres of Land to a Purveyor of the King for extremity done to the Abbot by taking of his goods, <HI>viz. Beeves: &amp; con&s;ilio Regis,</HI><NOTE PLACE="marg">A relea&s;e made by extremity.</NOTE> it was awarded that the Relea&s;e was void by rea&s;on of that extremity, 28. <HI>A&s;si&s;es</HI> 39. appertaineth to the Common Law, <HI>Idco quaere.</HI></P>
<P>Note that <HI>Knivet</HI> Iu&s;tice &s;aith that one who had reported in the Country that there were warres beyond Sea:<NOTE PLACE="marg">Fal&s;e reports.</NOTE> &s;o that none could pa&s;&s;e by Sea that yeare, whereupon the price of Woolfels were &s;old at a le&s;&s;e rate. And he for that cau&s;e was con&s;trained to come be|fore the Kings Coun&s;ell, and fined to the King, 43. pounds <HI>A&s;si&s;e</HI> 38.</P>
<P>If any man make a &s;ugge&s;tion to the King him&s;elfe which is fal&s;e,<NOTE PLACE="marg">Fal&s;e-&s;ugge&s;ti|on to the King.</NOTE> by meanes whereof any man be turned to damage or lo&s;&s;e, he that maketh this fal&s;e &s;ugge&s;tion &s;hall be brought with his &s;ugge&s;tion before the Chancellor, Trea&s;urer, and his great Coun&s;ell, and there &s;hall find &s;uerty to prove his &s;ugge&s;tion. And if he that made the &s;ugge&s;tion or co~plaint ca~|not prove his intention again&s;t the Defendant by proce&s;s of Law; he &s;hal be impri&s;oned, and &s;hall &s;o remaine untill hee have made gree
<PB N="16" REF="11"> to the party for the damages, and for the &s;lan|der that he hath borne by that occa&s;ion, and &s;hall afterward be fined and ran&s;omed to the King 37. <HI>Ed.</HI> 3. <HI>cap.</HI> 18. 38. <HI>Edw.</HI> 3. <HI>cap.</HI> 9.</P>
<P>When men are compelled to come before the Kings Coun&s;ell by writs founded upon an untrue &s;ugge&s;tion,<NOTE PLACE="marg">Vntrue &s;ugge|&s;tion.</NOTE> the Chancellor after the &s;ugge&s;tion is found untrue, &s;hall have power to award damages at his di&s;cretion to him that is &s;o unju&s;tly troubled, 17. <HI>R.</HI> 2. <HI>ca.</HI> 6. And by the&s;e two <HI>&s;tat.</HI> it &s;eemeth that the Coun&s;ell of the King heard cau&s;es long be|fore the <HI>&s;tat.</HI> 3. <HI>H.</HI> 7. <HI>ca.</HI> 1. But &s;ome write that they had not authority before the <HI>Stat.</HI> to heare heynous mi&s;demeanors, &amp;c. But by this &s;tatute the contrarie appeareth, and by the ca&s;e 43. <HI>lib. A&s;si&s;e</HI> 38. <HI>&s;upra &amp; ut: vide</HI> 13. <HI>Ed.</HI> 4. <HI>ca.</HI> 9.</P>
<P>An A&s;&s;ize was awarded for damages for the plaint: upon certificate of the Bi&s;hop that the Tenant was a Ba&s;tard; where the Parlia|ment had &s;ent a Writ to the Iu&s;tices of A&s;|&s;ize to cea&s;e, and yet they proceeded <HI>ut &s;upr.</HI> whereupon the Chancellour rever&s;ed this judgement before the Coun&s;ell, and &s;etled it in the &s;ame plight it was in upon the Certificate, &amp;c. and &s;endeth it backe to the Iu&s;tices of A&s;&s;ize, who proceeded and gave judgement for the plaint: becau&s;e the Bi&s;hop had certified the Tenant to be a Ba&s;tard, and
<PB N="17" REF="11"> had no regard to the rever&s;all before the Coun&s;ell, for that is no plea where judge|ment may be rever&s;ed. <HI>Quod nota, &amp; &s;ic vide,</HI> that they had no re&s;pect to the maner of 13. <HI>Ed.</HI> 3.14.</P>
<P>The Chancellour and Trea&s;uror of Eng|land for the time being, and the Keeper of the Kings privy Seale, or two of them, cal|ling to them a Bi&s;hop, and a Temporall Lord and the two Chiefe Iu&s;tices of the Kings Bench and Common Pleas, or two other Iu|&s;tices in their &s;teads, upon Bill or Informati|on to the Chancellor for the King, or any o|ther, again&s;t any per&s;on for unlawfull main|tenance, giving of liveries, &s;ignes, or tokens, and retainers by Indenture, promi&s;es, or o|ther writings, or otherwi&s;e for embraceries of the Kings &s;ubjects, deceitfull behaviour of Sheriffes, in making pannells or untrue re|turnes, for taking of money for Iurors, for great Ryots, and unlawfull a&s;&s;emblies, have authority to call before them by Writ, or privie Seale, the &s;aid mi&s;doers, and to puni&s;h them according to their demerits, as if they had beene committed by the Common Law. 3. <HI>H.</HI> 7. <HI>cap.</HI> 1.</P>
<P>The Chancellor, Trea&s;uror of England, and Pre&s;ident of the Kings Coun&s;ell, atten|ding upon his per&s;on for the time being, and the Keeper of the Kings privie Seale, or two
<PB N="18" REF="12"> of them, calling to them a Bi&s;hop and a Tem|porall Lord of the Kings Coun&s;ell, and the two Chiefe Iu&s;tices of the Kings Bench and Common Pleas,<NOTE PLACE="marg">Misbehaviours mentioned in the Stat. an. 3. H. 7.</NOTE> or other two Iu&s;tices in their places, upon Bill of Information to be given to the Chancellour of England, Trea&s;urer, Pre&s;ident of the Coun&s;ell, or Keeper of the privie Seale, for any mi&s;demeanour mentio|ned in the Statut. 3. <HI>H.</HI> 7. <HI>cap.</HI> 1. have power to call before them by a Letter under the privie Seale, &s;uch mi&s;doers, and to examine them, and &s;uch as they &s;hall finde defective, to pu|ni&s;h according to the Statute, and all other Statutes made heretofore, even as if they were convict by the Common Law: 21. <HI>H.</HI> 8. <HI>cap.</HI> 20.<NOTE PLACE="marg">Taking of wo|men under the age of 16 years.</NOTE> they may puni&s;h the taking of wo|men under the age of &s;ixteene yeares from their parents again&s;t their wills, and contract mariage with them, again&s;t 4. <HI>&amp;</HI> 5. <HI>Phil. &amp; Mar. cap.</HI> 18.</P>
<P><NOTE PLACE="marg">Forgery.</NOTE>They may puni&s;h a forger of fal&s;e Deeds, <HI>per</HI> 5. <HI>Ed.</HI> 1. <HI>ca.</HI> 14.</P>
<P>They may puni&s;h tho&s;e that obtaine goods and chattells of any other by fal&s;e tokens and me&s;&s;ages<NOTE PLACE="marg">Fal&s;e tokens and me&s;&s;ages.</NOTE> counterfeited in other mens names, by 33. <HI>H.</HI> 8. he &s;hall bee &s;et on the Pillory, or have other corporall puni&s;hment, other than of death, as the Court &s;hall award where he is convict.</P>
<P>They may puni&s;h perjury, by 5. <HI>Ed.</HI> 1. <HI>ca.</HI> 9.
<PB N="19" REF="12"> and &s;ubornation of perjury, <HI>ibid.</HI><NOTE PLACE="marg">Perjury and &s;ubornation of perjury. Spreaders of fal&s;e newes, and fal&s;e me&s;|&s;ages of Noble|men upon the Stat. 2. R. 2. c. 5. is grounded Scand magnat. Fraudulent de|tainings. Fines upon In|dictments.</NOTE></P>
<P>They may puni&s;h &s;preaders of fal&s;e newes, and fal&s;e me&s;&s;ages of Noblemen and other again&s;t the Statut. <HI>anno</HI> 12. <HI>R.</HI> 2. <HI>cap.</HI> 11. 2. <HI>R.</HI> 2 <HI>cap.</HI> 5. <HI>Vide Parlm.</HI> the ca&s;e of the Duke of Buck, and the Lord of Daburganie.</P>
<P>They may and doe puni&s;h notable deceit and fraudulent detaining in this Court, and co&s;enages.</P>
<P>They may a&s;&s;e&s;&s;e a greater fine than is a&s;|&s;e&s;&s;ed by the Iu&s;tices of Peace upon Indict|ments in the County, as it fell out in the ca&s;e of Sir <HI>Iohn Conway,</HI> and <HI>Lodovick Grevill,</HI> for that the &s;aid <HI>L.</HI> a&s;&s;aulted the &s;aid Sir <HI>Iohn;</HI> and &s;trucke him to the ground at Temple-barre, with a cudgell called a ba&s;tinado, for which he made fine in this Court C.l. and more a|bout the 27. of <HI>Eliz.</HI> though he were indic|ted in the Country for the &s;ame a&s;&s;ault, and fined before the Iu&s;tices of Peace there, or found &s;urety for the &s;ame fine.</P>
<P>A woman great with childe,<NOTE PLACE="marg">Whipping a woman with childe &s;u&s;pected of incontinen|cie.</NOTE> which was &s;u&s;pected of incontinency without cau&s;e, was commanded to be whipped in Bride-well, London, by the Ma&s;ters there, and becau&s;e &s;he fell to travell before her time, &amp;c. they were for this fined in this Court as a great &s;umme: And by order of the Court it was awarded that they &s;hould pay a certaine &s;um to the &s;aid woman, about the 31 of <HI>Eliz.</HI> See
<PB N="20" REF="13"> the proceedings there concerning this mat|ter in the yeare afore&s;aid, &s;et downe more at large.</P>
<P><NOTE PLACE="marg">Notorious de|ceit in taking of bea&s;ts.</NOTE>A man tooke the bea&s;ts of another, but not felloniou&s;ly, and held them as his owne in the deceit of the buyer: This fal&s;hood may be puni&s;hed here, if it be a notorious deceit as it &s;eemeth, for he may have an action upon the ca&s;e, <HI>Br.</HI> 85. <HI>lib. A&s;&s;.</HI> 8.</P>
<P><NOTE PLACE="marg">Deceit in an execution of a writ of Elegit.</NOTE>A man hath an <HI>Elegit,</HI> and the Creditor cau&s;eth the Iury to finde that the debtor hath more land than indeed hee hath, in&s;omuch as the Creditor hath all the Land in executi|on: there he hath no remedy to di&s;anull the execution by the Common Law, becau&s;e he hath the Land by Record, <HI>viz.</HI> by the verdict of the Iury: <HI>vide</HI> action upon the ca&s;e, <HI>Br.</HI> 81. 27. <HI>lib. a&s;&s;.</HI> 73. that he cannot have remedy of this fal&s;hood, but it &s;eemeth that he &s;hall bee puni&s;hed in this Court of Starchamber: for this dealing is a procurement to the Iury to be for&s;worne, and no attaint lyeth, for it is but an Enque&s;t of Office.</P>
<P>An Attourney acknowledged a <HI>Stat.</HI> in an other mans name without authority, he &s;hall have an action upon the ca&s;e, <HI>Bro. title of fines,</HI> 54. for hee hath no remedy to defeat this by the Common Law, 19. <HI>H.</HI> 6. 44. It may bee ordered here that it &s;hall bee di&s;anulled by the party to whom it is acknowledged if hee
<PB N="21" REF="13"> be privie to the fal&s;hood and deceit.</P>
<P>A fine was taken by <HI>dedimus pote&s;tat.</HI><NOTE PLACE="marg">A fine taken of a femme covert and fal&s;ly en|tred.</NOTE> in Kent of a femme covert who died before Ea|&s;ter Terme next following, and the fine was entred in <HI>Hillarie</HI> Terme before and the Queenes &s;ilver entred the &s;ame Terme al&s;o, this fine was held good, and yet the party, <HI>viz.</HI> the hu&s;band which cau&s;ed the fine to bee &s;o entred, was called by Bill into the Starre-chamber to an&s;wer to his deceit, but yet the fine was ingro&s;&s;ed by the Court <HI>Dyer fol.</HI> 220. and this was the ca&s;e of <HI>Carrell</HI> the yonger of the Inner Temple. Ma&s;ter <HI>Fleetwood</HI> the Re|corder of <HI>London</HI> was a&s;&s;aulted by one of the Queenes hou&s;e as hee was going to <HI>We&s;t|min&s;ter,</HI> in the terme time, who gave him di|ver&s;e wounds, for which hee was fined in this Court, and put out of the <HI>Queenes</HI> &s;ervice.</P>
<P>The Earle of <HI>Arundel, viz.</HI><NOTE PLACE="marg">The Earle of <HI>Arundell</HI> was vpon the &s;ea to pa&s;&s;e over with|out licence.</NOTE> &s;onne to the Duke of <HI>Norfolke,</HI> was vpon the Sea to have pa&s;&s;ed over without licence of the Queene, &amp; he was fined at a great &s;umme in this Court of Starre-Chamber, <HI>circa</HI> 30. <HI>Eliz. Regin. vide &s;tat.</HI> 5. <HI>R.</HI> 2. that none &s;hould goe over &s;ea without licence of the King.</P>
<P>Note that one tooke upon him to view or &s;urvey Gentlemens Armes in the Countrey,<NOTE PLACE="marg">Surveying of Gentlemens armes, and counterfeiting the Heralds &s;eale.</NOTE> as if he had been an Herald, and had counter|feited a &s;eale of the &s;ame Office. And he was fined in the Starre-Chamber, becau&s;e he had
<PB N="22" REF="14"> gotten money of the Queenes &s;ubjects by his fal&s;hood, 27. <HI>Eliz. vel circa.</HI></P>
<P><NOTE PLACE="marg">Taking of mo|ney to favour <HI>Lod. Grevill</HI> &s;u&s;pected of be|ing acce&s;&s;ary to murther.</NOTE>Divers of the County of <HI>Midle&s;ex</HI> had ta|ken money to favour <HI>Lod. Grevill</HI> pri&s;oner in the Tower for &s;u&s;pition of being acce&s;&s;ary to murther if they &s;hould bee returned upon his deliverance, and of this they were convic|ted by good proofe. And they were fined in this Court to great fines, and three of them did weare papers from the Fleet to <HI>We&s;tmin|&s;ter</HI> Hall, and there al&s;o, and backe againe to the Fleet, 31. <HI>Eliz. vide fines for contempts, Fitz. lib. A&s;si&s;arum</HI> 43. where one that tooke five markes for being &s;worne to deliver a thiefe which was committed and indicted of felony for the King.</P>
<P><NOTE PLACE="marg">A Iu&s;tice of Peace refu&s;ing to take the peace of one that offered &s;uertie to him for the peace</NOTE>A Iu&s;tice of Peace was put out of Com|mi&s;&s;ion by order of this Court, for becau&s;e that he refu&s;ed to take the Peace of one who came to him, and offered him &s;uerty for the Peace, becau&s;e that the Iu&s;tice which did a|ward the warrant was not his friend, for which rea&s;on he refu&s;ed to goe before him to be bound to the peace, <HI>Lamb. fol.</HI></P>
<P><NOTE PLACE="marg">A forraigne plea put in up|on fal&s;e oath.</NOTE>A man put in a forraigne plea in <HI>London</HI> upon his oath which was fal&s;e, for the which he was &s;ued here in this Court, for perjury, and the ca&s;e heard there, 30. <HI>Eliz.</HI></P>
<PB N="23" REF="14">
<P>In the Ca&s;e of <HI>Draiton Ba&s;&s;et</HI> in <HI>Stafford&s;hire circa</HI> 22.<NOTE PLACE="marg">If Iu&s;tices neglect the ap|prehen&s;ion of Riotors.</NOTE> <HI>Eliz.</HI> &s;ome Iu&s;tices which dwelt neer unto the place where the Riot was, were cal|led into this Court by proces, and fined, and it was upon the Star. of 17. <HI>R.</HI> 2. <HI>ca.</HI> 8. which is, that the Sheriffe, and others the Kings Of|ficers, &s;hall apprehend Riottors, which a&s;&s;em|ble them&s;elves together in outragious man|ner. And note, that this Riot there, was no|torious: for there were a great number that were a&s;&s;embled in the Manour hou&s;e of <HI>Drai|ton Ba&s;&s;et,</HI> and held it forcibly.</P>
<P><HI>Thomas Wor&s;ley</HI> was &s;eized in the right of his wife, of divers lands in Lanca&s;ter,<NOTE PLACE="marg"><HI>Couin.</HI> Touching the acknowledging of a fine by per|&s;ons under yeares.</NOTE> <HI>circa</HI> 16. <HI>Elizab.</HI> both of them being within age, <HI>viz.</HI> the hu&s;band within &s;ixteene yeares, and the wife of thirteene yeares. One <HI>W.</HI> cau&s;ed a <HI>Dedimus pote&s;tat.</HI> by the procurement of one <HI>B.</HI> which &s;hould have the land to be procured to Sir <HI>H.T.</HI> and others to take cognizance of the &s;aid Hu&s;band and Wife, of the &s;aid lands, both of them being within age, <HI>ut &s;u|pra,</HI> as al&s;o plainly appeared to the Com|mi&s;&s;ioners. And one <HI>A. K.</HI> and Si&s;ter of the &s;aid <HI>Katherine,</HI> and next heire unto her, did exhibite a Bill in this Court of Starr-Cham|ber in her owne name, <HI>viz.</HI> in the name of <HI>A. ver&s;us</HI> and him that was of the Covin for the purcha&s;ing, and al&s;o again&s;t
<PB N="24" REF="15"> the &s;aid Sir <HI>H. T.</HI> and the other Commi&s;&s;io|ners. And thereupon the &s;aid matter found, the &s;aid <HI>W.</HI> was fined to a great &s;umme, and likewi&s;e <HI>B.</HI> and Sir <HI>H: T. &amp; fuit factum hoc cir|ca</HI> 28. <HI>Eliz.</HI> as <HI>Wor&s;ley</HI> him&s;elfe did tell mee. And this fine was al&s;o in a Writ of Errour in the Kings Bench brought by the husband be|ing of full age, and his wife being within age, rever&s;ed <HI>circa</HI> 30. <HI>Eliz.</HI> and adiudged to bee void, as well again&s;t the husband as again&s;t the wife: and the husband entered pre&s;ently, and execution did not cea&s;e during the life of the husband: and this <HI>Wor&s;ley</HI> him&s;elfe did tell me likewi&s;e, who was the husband. <HI>Et</HI> 32. <HI>H.</HI> 6. 31. is that if a maryed wife elope, &amp; goe away from her hu&s;band, and lives in adultery, and leuieth a fine as a &s;ingle woman, if the hu&s;|band enter, the fine is defeated, or avoided; as wel again&s;t the wife as again&s;t the husband <HI>vide Carrels</HI> Ca&s;e in the Common Pleas, <HI>&amp; vide</HI> the Booke of Entries, <HI>fo.</HI> 278. that the Iudgment in a writ of Error to rever&s;e a fine, is, <HI>Con&s;ideratum e&s;t quod pedes finium praed. a fila|tiis finium, extrahantur &amp; cancellantur.</HI> Then in <HI>Wor&s;leys</HI> Ca&s;e <HI>&s;upra,</HI> if the fine &s;hall be cancel|led again&s;t the wife, it cannot be of force a|gain&s;t the hu&s;band.</P>
<P>Note that the Iury of <HI>London</HI> which acqui+ted Sir <HI>Nicholas Throgmorton</HI> Knight <HI>circa pri|mo Mariae Regina</HI> of high Trea&s;on, becau&s;e that
<PB N="25" REF="15"> the matter was thought to bee proved &s;uffi|ciently again&s;t him, were called in the Starre-chamber in October, 1544. and eight of them were fined there at great &s;ummes, every one of them at five hundred pounds at the lea&s;t, and awarded al&s;o backe againe to pri&s;on, there to remaine untill further order were taken for their puni&s;hment, and the other foure were relea&s;ed of their impri&s;onment, becau&s;e they &s;ubmitted them&s;elves and acknowledged that they had offended, not con&s;idering the truth of the matter, <HI>ut patet per Holling&s;head fo:</HI> 1759 <HI>vide</HI> eleven of a Iury which did acquite one <HI>Hodye</HI> of Felony before <HI>Sir Roger Manwood</HI> Chiefe Baron in his Circuit in Somer&s;et&s;hire again&s;t apparent evidence: they were fined in <HI>Star-chamber,</HI> and did weare papers in We&s;t|min&s;ter hall, <HI>circa</HI> 22. <HI>Eliz.</HI> the which my &s;elfe-&s;aw.</P>
<P>Note that one <HI>G</HI> writes his Letter to a Iu|ror to appeare betweene <HI>L.</HI> and <HI>C. D.</HI> and to doe his con&s;cience,<NOTE PLACE="marg">One writes to a Iuror to ap|peare and to doe his con&s;ci|ence.</NOTE> and he was fined at twen|ty pounds here, becau&s;e he had nothing to doe in the matter, <HI>circa</HI> 27. <HI>Eliz.</HI> Here note, that no man ought to meddle in any matter de|pending in &s;uite, where hee hath nothing to doe.</P>
<P>One <HI>Smith</HI> of the County of Somer&s;et E&s;q; was fined in the Court for &s;landerous words,<NOTE PLACE="marg">Slanderous words again&s;t a Knight.</NOTE> which he had &s;poken of one Sir <HI>Iohn Young</HI> K^t,
<PB N="26" REF="16"> which touched his life, which the &s;aid <HI>Smith</HI> could not prove, and hee was committed and gave great damages to the Knight, <HI>vid.</HI> 38. <HI>Ed.</HI> 3. <HI>ca.</HI> 9. <HI>ut &s;upra.</HI> And yet he may have an Acti|on of the Ca&s;e at the Common Law.</P>
<P><NOTE PLACE="marg">A fal&s;e endea|vor to proue a man to be a Traytor.</NOTE>One <HI>L. O.</HI> of Kent was puni&s;hed in the Court for fal&s;ly going about to prove one that was his Cou&s;in or Brother, to be a Traitor; And for this he was adjudged to ride about We&s;t|min&s;terhall with his face to the hor&s;e-taile, <HI>circa</HI> 27. <HI>Eliz.</HI> as I heard.</P>
<P><NOTE PLACE="marg">A fal&s;e pro|curement, of a man to be indi|ted of Murder.</NOTE>Note that one <HI>S.</HI> of the County of Lanca|&s;ter for fal&s;ly procuring one to be indited for the death of another, was fined in this Court to a great &s;umme, <HI>circa</HI> 31. <HI>Eliz.</HI></P>
<P>Divers were &s;et on Pillory in Cheap&s;ide in Lond. <HI>circa</HI> 36. <HI>H.</HI> 8. for cutting out the to~gues of certaine liuing bea&s;tes, and for barking of certaine fruit trees and burning of a Farme malitiou&s;ly of one <HI>Gre&s;hams, et vide</HI> the &s;tat. of 37. <HI>H.</HI> 8. <HI>ca.</HI> now that hee &s;hall pay vnto the party treble Damages and &s;hall forfeite ten pound to the King for fine in the &s;aid ca&s;es, &s;auing that the burning of a Farme maliti|ou&s;ly was made fellony 37.<NOTE PLACE="marg">Certaine pro|cured them|&s;elues to be car|ried into an hou&s;e of a Iu&s;tice, to be examined of Fellony vpon purpo&s;e to &s;erue a Writ.</NOTE> <HI>H.</HI> 8. but this was repealed. 1. <HI>E.</HI> 6. <HI>ca.</HI> 12.</P>
<P>One had an Attachment out of the Chan|cery again&s;t a Iu&s;tice of Peace, becau&s;e hee would not &s;tand to an order made there <HI>viz.</HI> becau&s;e he wold not yeeld the po&s;&s;e&s;&s;ion of a
<PB N="27" REF="16"> hou&s;e to him which purcha&s;ed the writ: and it was devi&s;ed (as a meane, the &s;ooner to come to the po&s;&s;e&s;&s;ion of the &s;aid hou&s;e) that certaine per&s;ons &s;hould have a warrant &s;peciall from the Sherife to execute the &s;ame writte, and &s;hould come to the &s;aid hou&s;e vnder colour to be examined upon &s;u&s;pition, &amp; when they came there with the Con&s;table and diuers o|thers attending upon them to bring them be|fore the Iu&s;tice of Peace to be examined, <HI>ut &s;upra.</HI></P>
<P>The Con&s;table who was privie to this de|vice as the Iu&s;tice thought, knockt at the doore, and pre&s;ently the &s;aid per&s;ons ru&s;ht in|to the hou&s;e &s;uddenly with force, again&s;t the will of the &s;ervant, having no weapon about them, but their daggers under their cloakes: and when they were in the hou&s;e, they kept it with force two dayes. Whereupon the Iu&s;tice exhibited his Bil in this Court again&s;t the &s;aid per&s;ons, and again&s;t others that were &s;uppo|&s;ed to be advi&s;ors or privie unto it, and after &s;ome of them put in their An&s;wers there, the party did agree to the &s;uite of the Defen|dant.</P>
<P>For by &s;uch a device a man may be murde|red and robbed in his owne hou&s;e, as if men &s;hould come in the night to &s;earch for a Felon upon a fal&s;e Hue and Cry: and therefore this device is very dangerous, and it &s;eemeth by
<PB N="28" REF="17"> &s;uch an atachment he cannot breake the hou&s;e becau&s;e it was the &s;uite of the party: and a|gaine if he might enter forcibly, yet notwith|&s;tanding hee ought not to abide there, &amp; keep it forcibly, and therefore it was wrong from the beginning.</P>
<P><NOTE PLACE="marg">Lords of Parli|ament.</NOTE>If a Lord of the Parliament be &s;ued in this Court, the Chancellor &s;hall write unto him, giving him notice of the &s;ame &s;uite, and requi|ring him at a certaine day to an&s;wer to the &s;aid Bill. At which day if he appeare not, yet notwith&s;tanding no Atachment &s;hall go forth as there &s;hall again&s;t other Subiects under their e&s;tate. <HI>Quare</HI><NOTE PLACE="marg">Quaere.</NOTE> if hee &s;hall make his An|&s;wer upon his Honour, as they doe in the try|all of a Peere of the Realme of Trea&s;on or Felony, or upon his oath.</P>
<P>If a Duche&s;&s;e, or Counte&s;&s;e, or Wife of any Lord of the Parliament, bee maryed to a Knight,<NOTE PLACE="marg">Noble women; di&s;paraging them&s;elues by Mariage.</NOTE> and be &s;ued in this Court, a common <HI>Subpoena</HI> &s;hall goe forth again&s;t him and his wife, by the name of <HI>A. B.</HI> and <HI>B.</HI> his wife, without naming her in the Writ by the name of Honor which &s;he had before; for &s;he hath lo&s;t this name by the Law, <HI>Quod vide nomen dignitatis. Br.</HI> 31. 69. Witnes <HI>Lady Dame Powers,</HI> who maryed M^r. <HI>Haward,</HI> and the Duche&s;&s;e of Suffolke, that maryed <HI>Adrian Stokes. Dyer</HI> 79.</P>
<P>If a Duche&s;&s;e, or Counte&s;&s;e, or Wife of
<PB N="29" REF="17"> any Lord of the Parliament after the death of her hu&s;band be impleaded in this Court,<NOTE PLACE="marg">Noble mens Widowes.</NOTE> or in the Chancery, the Plaintiffe cannot &s;ue a <HI>Subpoena</HI> again&s;t her, but the Chancellor &s;hall write unto her as the u&s;e is unto their hu&s;|bands. <HI>Quaere hoc, &amp; vide</HI> 35. <HI>H.</HI> 6. <HI>Subp. fo.</HI> 20 <HI>Subpoena</HI> again&s;t a Lord which the Sheriffe dur&s;t not are&s;t upon a <HI>Supplicavit of Peace.</HI><NOTE PLACE="marg">Noble women in ca&s;e of Trea|&s;on and how to be tryed.</NOTE></P>
<P>Vpon an Arraignment of Trea&s;on or Fe|lonie of the &s;aid <HI>Noblewomen</HI> as well maryed as &s;ingle, they &s;hall be tryed by Peeres of the Realme. 20. <HI>H.</HI> 6. <HI>ca.</HI> 9, <HI>&amp; Stanf.</HI> 153. And before the Statute afore&s;aid it was doubted in this ca&s;e how they &s;hould be tryed.</P>
<P>If a man &s;peake &s;landerous words of No|blemen,<NOTE PLACE="marg">Slanderous words of noble|women, which &s;tat. <GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">. 2. R. ca. 5.</NOTE> <HI>Quaere</HI> if hee &s;hall haue an Action upon the Stat. <HI>de Scandal. Magnat.</HI> but the Defendant &s;hall be puni&s;hed in this Court.</P>
<P>A Knight of the County of Northumber|land was fined in a great &s;umme in the Starr-Chamber,<NOTE PLACE="marg">Suffering a &s;e|ditious books to be printed in his hou&s;e.</NOTE> becau&s;e hee permitted a &s;editious Booke called <HI>Martin Marprelate</HI> to be prin|ted in his hou&s;e, 32. <HI>Eliz.</HI></P>
<P>One writes to a Iu&s;tice of the Peace to &s;end him his warrant with a blanke,<NOTE PLACE="marg">Iu&s;tice &s;endeth his Warrant with a blanck.</NOTE> to put in one that hee would atach upon &s;u&s;pition of Fe|lonie,
<PB N="30" REF="18"> and &s;o the Iu&s;tice did, and becau&s;e hee &s;ent his warrant with a Blanke to put in the name of one hee knew not, neyther the mat|ter, before the making of his Warrant, hee was fined in this Court <HI>circa</HI> 30. <HI>Eliz.</HI> and it was one Sir <HI>I. R.</HI></P>
<DIV2 TYPE="form of writ">
<PB N="31" REF="18">
<HEAD>The forme of a Writ or Com|mi&s;&s;ion of REBELLION, where the party after Proclamation to yeeld him&s;elfe <HI>&s;ub poena legiantiae &s;i non com|paraverit coram Con&s;ilio, &amp;c.</HI> e&s;t ut &s;equitur.</HEAD>
<OPENER><SIGNED>CAROLVS Dei gratia Angliae, Scotia, Franciae &amp; Hiberniae Rex fidei Defen&s;or, &amp;c.</SIGNED>
<SALUTE>Dilectis &s;ibi G. C. W. L. A. S. &amp; F. G. &s;alutem</SALUTE></OPENER>
<P>Qu<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">a G. F. &amp; I. R. quibus per publicas Proclamationes per Vice-com' Comitatus no&s;tri Derb: in diver&s;is locis eju&s;dem Comitatus virtute Brevis no&s;tri eodem Vic' directi ex parte fact' prae|ceptum fuit quod ijdem G. F. &amp; I. R. &s;ub poena le|giant' &s;uaru~ coram Nobis &amp; Con&s;ilio no&s;tro apud We&s;tm. ad cert<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters">diem dicto Brevi no&s;tro content' per&s;onaliter compara<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">': Mandat<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> no&s;tro in ea parte parere manife&s;te contemp&s;erunt. Ideo vobis tribus, d<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">obus, vel <GAP DESC="illegible" REASON="blotted" EXTENT="1 word"> ve&s;trum mandamus, quod praefat' G. F. &amp; I. R. ubitun&abque; inventi fuerint infra re|gnum no&s;tram Angl<GAP DESC="illegible" REASON="faint" EXTENT="1 letter"> tanquam rebelles &amp; legis no&s;tri contemptores at achiatis, vel atachiari facia|tis, ita quod e<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">t habeat is vel haberi faciatis coram
<PB N="32" REF="19"> Nobis &amp; dicto Con&s;ilio no&s;tro apud We&s;tm. in Cra|&s;tino Animarum pr<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">x. futur ad re&s;pondend &s;uper his qua &s;ibi objicientur, tunc ibidem &amp; ad faciend alterius &amp; recipiend quod per Nos &amp; dictum Con&s;ilium no&s;tru con&s;ideratum fuerit in hac parte, &amp; hoc nullatenus omittatis, Damus enim vobis &amp; &s;ingulis Majoribus, Vice-Com, Ballivis, Con|&s;tabulatiis, &amp; aliis Officiartis, Mini&s;tris, &amp; &s;ub|ditis no&s;tris quibu&s;cund<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">c tam infra libertat quam extra tenere prae&s;ent firmiter in mandat quod vobic &amp; cuilibet ve&s;trum in executionem praemi&s;&s;o|rum &s;int intend &amp; a&s;si&s;tent in omnibus diligent prout decet.</P>
<P>In cujus rei te&s;timoni<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">m has Literas no&s;tras fieri fecimus patentes.</P>
<CLOSER><DATELINE>Te&s;te Me-ip&s;o apud We&s;t <GAP DESC="illegible" REASON="blotted" EXTENT="1 word"> <DATE><HI>23.</HI> die Maij, Anno Regni no&s;tri, &amp;c.</DATE></DATELINE></CLOSER>
<TRAILER>Vide Tit. Chancery forme de Commi&s;s. Rebell.</TRAILER>
</DIV2>
<DIV2 TYPE="case">
<HEAD>A fal&s;e returne of a Knight of the Shire.</HEAD>
<P><HI>Brunker</HI> Sherife of <HI>Wilts</HI> was &s;ued by an in|formation of perjury in this Court at the &s;uit of the Queene for a fal&s;e returne made of Sir. <HI>I. T.</HI> to be a Knight of the Parliament for the &s;aid County, whereas indeed one <HI>P.</HI>
<PB N="33" REF="19"> was cho&s;en by the greater number of free te|nants in the &s;aid County, in deceipt of the County and of all the Realme, and it appea|red by examination that <HI>Brunker</HI> was not &s;worne to execute his office, notwith&s;tanding that, a <HI>Dedimus pote&s;tatem</HI> was directed to one Lord to giue him his oath, who di&s;&s;waded him from it, for the difficulty of the Articles; And this matter by graue re&s;olution and ho|nourable and great a&s;&s;embly of the Noble|men was ordered again&s;t <HI>Brunker, viz.</HI> for contempt of the ancient Law, <HI>&s;cilicet,</HI> That e|uery Sherife in the beginning of his office &s;hall &s;weare, which the &s;aid <HI>B.</HI> did not, where|fore he &s;hall pay vnto the King 100 pound be&s;ide inpri&s;onment for fiue weekes, and moreouer 100 pound adiudged to the King according to the <HI>&s;tat.</HI> 8. <HI>H.</HI> 6. <HI>ca.</HI> 7. for the fal&s;e returne, and al&s;o a yeares impri&s;onment without bayle or main-prize. And <HI>Hide</HI> the Co~mi&s;&s;ioner appointed to receiue the oath, was fined at twenty markes, be&s;ides a fort|nights impri&s;onment, and al&s;o <HI>B.</HI> and <HI>P.</HI> were bound by recognizance to &s;tand to the arbi|terment of foure Noble-men, for the hun|dred pounds due vnto <HI>P.</HI> But <HI>Sir I. S.</HI> was bound in 300. pounds to <HI>Brun.</HI> for to &s;ave him harmle&s;s for his returne, <HI>Dyer</HI> 168.</P>
<PB N="34" REF="20">
<P><NOTE PLACE="marg">Suing in a Bi|&s;hops Court for things belonging to the Kings Court <HI>(ant ali|bi)</HI> is interpre|ted by the com|mon Lawyers to &s;ignifie the Bi|&s;hops court, but it ought to be taken for the place where the Pope re&s;i|deth as <HI>Auigni|on</HI> in France or &s;uch other place of his a|bode.</NOTE>The Statute of 16. <HI>R.</HI> 2. <HI>cap.</HI> 5. gives, that if any &s;ue in the Court of Rome, or any where el&s;e where it is taken to be the Bi&s;hops Court or other Court, 47. <HI>Old Nat. Brev.</HI> 147, for any thing which appertaines to the Kings Court, he &s;hal incurre the penaltie of the &s;aid Statute, and the partie grieved may &s;ue the Offender before the King and his Coun&s;ell, by Atachment, or by Writ of Premunire a|gain&s;t the party, or may &s;ue again&s;t him <HI>In Cu&s;todia Mari&s;calli in Banco Regis,</HI> by Bill. 36. <HI>H.</HI> 6. 5. Action upon the Statute, <HI>Br.</HI> 372. <HI>Ri.</HI> 3. 17. But a man may &s;ue in the Kings Court as many matters as he will without perill.</P>
<P><NOTE PLACE="marg">If a Ryot can|not be found afore Iu&s;tices &amp;c.</NOTE>If a Riot bee found before Iu&s;tices of the Peace upon inqui&s;ition made, then the Iu&s;ti|ces of Peace and the Sherife or under. Sherife &s;hall certifie before the King and his Coun&s;ell all the acts and circum&s;tances of the Ryot, which &s;hall be of the &s;ame force that the pre|&s;entment by twelue men &s;hould have beene, and tho&s;e which are convicted &s;hall be puni|&s;hed, according to the di&s;cretion of the King, and his Coun&s;ell. 13. <HI>H.</HI> 4. <HI>ca.</HI> 7. and not|with&s;tanding, this matter may be certified in the Kings bench a&s;well as before the King, and his Coun&s;ell, as Iu&s;tice <HI>Southcot</HI> &s;aid, and note that the certificate ought to be certaine in all points,<NOTE PLACE="marg">The King and his Coun&s;ell.</NOTE> becau&s;e that it is in the nature of an Inditement.</P>
<PB N="35" REF="20">
<P>If one &s;peake &s;landerous words of an Arch|bi&s;hop or Bi&s;hop,<NOTE PLACE="marg">Slanderous word of an Archbi&s;hop or Bi&s;hop.</NOTE> hee may &s;ue in the Starre-Chamber to haue him puni&s;hed, or hee may have an Action upon the Statute <HI>de Scandalo magnatum,</HI><NOTE PLACE="marg">An. <HI>2.</HI> R. ca. <HI>5.</HI> &amp; <HI>1<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">.</HI> eju&s;dem ca. <HI>11.</HI></NOTE> as appeared in <HI>Sands</HI> his Ca&s;e Bi|&s;hop of <HI>Yorke,</HI> in the Starre-chamber be|tweene him and one <HI>Stapleton</HI> Knight.</P>
<P>One &s;poke of my Lord <HI>Dyer</HI> Chiefe Iu|&s;tice of the Common Pleas that he was a cor|rupt Iudge,<NOTE PLACE="marg">If one &s;ay of the Kings Iu|&s;tice, that hee is corrupt.</NOTE> for which he was convicted in this Court, and adjudged to &s;tand upon the Pillo|rie, <HI>vide Statut. de &s;candal. magnatum,</HI> in the which the Iudges of the Law are mentioned, and &s;urely this man was a very grave, reverend and upright Iudge by the generall report of all men, and by this report greatly abu&s;ed.</P>
<P>One had ca&s;t abroad &s;landerous Libells of one that was Bi&s;hop of C. <HI>circa</HI> 20. <HI>Regina.</HI><NOTE PLACE="marg">Slanderous Li|bels of a Bi|&s;hop.</NOTE> and was puni&s;hed in this Court.</P>
<P>The King him&s;elfe is by intendment alwaies pre&s;ent here in per&s;on,<NOTE PLACE="marg">The Prince is alwaies inten|ded to bee pre|&s;ent in the Court of Starre-cham|ber.</NOTE> for the <HI>Subpoena</HI> that goes out to warne any to appeare in this Court is <HI>Coram nobis &amp; Con&s;ilio no&s;tro.</HI> And al|though the King come not thither, yet being that his Coun&s;ell is there, it is intended that the King him&s;elfe is there, And that which his Coun&s;ell doth here is adjudged in Law as the Kings deed him&s;elfe, for they &s;peake with his mouth.</P>
<PB N="36" REF="21">
<P><NOTE PLACE="marg">Que&s;tion of the Con&s;table.</NOTE>If &s;trife or debate be whether a &s;uit to bee tryed by battell &s;hall be before the Con&s;table, or Mar&s;hall, or by the Common Law the &s;aid Con&s;table and Mar&s;hall commanding them to &s;urcea&s;e untill it bee decided by the Kings Coun&s;ell,<NOTE PLACE="marg">The kings coun&s;ell the Iudge between Iuri&s;dictions.</NOTE> which of them &s;hall have cog|nizance of the matter, 13. <HI>H.</HI> 2. <HI>cap.</HI> 2.</P>
<P>Note where the Statute <HI>de &s;candal. magna|tum,</HI> in print, &s;peaketh of fal&s;e me&s;&s;ages, the Record of the Tower is, fal&s;e Me&s;&s;engers, <HI>viz.</HI> fal&s;e lyes, and this al&s;o appeareth by the Writ which is founded upon the Statute.</P>
<P><NOTE PLACE="marg">Slanderous words again&s;t the king.</NOTE>One <HI>O.</HI> which had &s;poken &s;landerous and horrible words again&s;t Queene <HI>Mary,</HI> was in|dited, for the words of the inditement being that he had &s;poken them again&s;t the forme of of divers Statutes without mentioning of any in particular, and without &s;aying, <HI>unde &s;canda|lum in Regno inter Reg. &amp; magnat. vel populum &s;uum oriri poterit:</HI> and hee was convicted of the&s;e words upon his arraignment, and had Iudgement to be impri&s;oned, and to be fined at the Kings plea&s;ure untill hee had found his author, according to the Statute of <HI>We&s;tmin|&s;ter</HI> the 1. <HI>Ca.</HI> 34. for hee could not have pu|ni&s;hment according to the fir&s;t and &s;econd of Queene <HI>Mary,</HI> becau&s;e that the time was pa&s;t, and that is that he &s;hall bee impri&s;oned untill he produce him unto the Court, who was the fir&s;t Author of the words, and not according
<PB N="37" REF="21"> to the advi&s;e or arbiterment of the Coun&s;ell; for it is when the &s;lander toucheth the Noble men, and great Officers mentioned in the Sta|tute of 2. <HI>&amp;</HI> 12. <HI>R.</HI> 2. and not the King, for he is an exempt per&s;on, and not implyed within the words <HI>(les haults &amp; grands homes ou nobles) &amp;c. Dyer.</HI> 155. And it &s;eemeth that the of|fence might have bin examined in the Starre-chamber, and puni&s;hed there aswell as any where el&s;e.</P>
<P>One brings an Action of forging of fal&s;e deeds again&s;t a Lord,<NOTE PLACE="marg">An action of Forgery brought again&s;t a Lord.</NOTE> no Action will lye a|gain&s;t him for it, while the &s;uit is depend|ing vpon the Statute <HI>de &s;candal. magnatum.</HI> For it re&s;ts in doubt, whether the defendant be guilty or not, <HI>Dyer, fol.</HI> 285. And by the the &s;ame rea&s;on he cannot &s;ue the plaintiffe, in the Starre-chamber depending the &s;uit in this matter.</P>
<P><HI>Iames Tavernor</HI> being a Copiholder of the Lord <HI>Cromwells</HI> of his Mannor of <HI>Northelton</HI> in <HI>Norfolke</HI> made a cu&s;tomary in Latin of the &s;aid Manor in Parchment,<NOTE PLACE="marg">The making of a fal&s;e cu&s;toma|ry of a Mannor.</NOTE> with eleven Labels and Seales, of his owne and other Tenants of the Mannor, in&s;erting into it divers very fal&s;e Cu&s;tomes tending apparantly to the di&s;|inheriting of the &s;aid Lord, and pretending by the &s;aid tytle of the Cu&s;tomary to bee collec|ted, renued and &s;et by the con&s;ent of all the freeholders of the &s;aid Mannor being in num|ber
<PB N="38" REF="22"> 100, at the lea&s;t, and allowed and permit|ted by the Lord of the Mannor, <HI>&amp; jure,</HI> con|clu&s;ion, <HI>in cujus rei te&s;timonium,</HI> the 11 who&s;e names were &s;ub&s;cribed, had put their &s;eales the day and yeare above&s;aid, but no day nor yeare appeared in the title, and no con&s;ent of all the Tenants, nor allowance of the Lord had indeed, and the &s;eales were very &s;trange, for upon every &s;eale, there was a great &s;quare &s;eale ingraven about with <HI>Northelton.</HI> And the particular &s;eale le&s;&s;e within that, by the which as it &s;eemeth the intent was to prove the con|&s;ent or allowance of the Lord, with the con|&s;ent &amp; agreement of al the tenants, &amp; this was proved to be done wittingly, &s;ubtilly, fal&s;ly, and to the intent, and by <HI>Taverner.</HI> If this be a Forgery puni&s;hable by the Statute <HI>de An. quinto Reginae Eliz.</HI> this being done in <HI>Anno</HI> 9, <HI>Regina Eliz.</HI> it was doubted and referred by the Lo: to the con&s;ideration of all the Iudges <HI>quorum opiniones pro majore parte</HI> were reported by the two Chiefe Iu&s;tices, that it was a For|gery or counterfetting, puni&s;hable by the o|pen and &s;hamefull penance contained in the Statute which &s;peaketh expre&s;ly of a writing &s;ealed, as this was, and to the intent to bene|fit them&s;elves and to di&s;-inherite the Lord, and accordingly Iudgement and decree was pronounced that terme in &s;olemne pre&s;ence the Lord Keeper being ab&s;ent by rea&s;on hee
<PB N="39" REF="22"> was not well; And for the execution of double co&s;ts and damages recovered by the taxation of the Court, it was doubted what manner and forme of proces &s;hould be made, and af|ter conference had upon it betweene all the Iu&s;tices of both Benches, and the chiefe Ba|ron, it was agreed, That an Engli&s;h Writt &s;hould be made and directed to the Sheriffe of <HI>Norfolke,</HI> rehear&s;ing the conviction, and the Statute for the leavying of the &s;aid co&s;ts, and of the goods, chattels and profits of the &s;ayd Land of the &s;aid <HI>T.</HI> and to bring in the mony into the Star-chamber, the writt to be &s;ealed with the great Seale, and the Te&s;te or Witnes to the <HI>Queene</HI> her &s;elfe as is u&s;uall in the like writs as goe out of the Chancery.</P>
<P>After this Conference and judgement in the Star-chamber, the <HI>Queene</HI> pardoneth the execution of the corporall puni&s;hment, whe|ther this bee good without obtaining relea&s;e of the party. Al&s;o <HI>quae intention. &s;tat.</HI> 5. <HI>Regin. Eliz. ca.</HI> 14. Note the preamble vehemently penned for the increa&s;ing of the puni&s;hment for Forgery, and al&s;o the body of the Statute, That is to &s;ay, that the party grieved &s;hall re|cover double co&s;ts and damages, and that the offender &s;hall &s;uffer upon the Pillory the cor|porall penance; and al&s;o &s;hall forfeit to the King the profits of his land, but the plaintife to be fir&s;t &s;atisfied, &amp;c.</P>
<PB N="40" REF="23">
<P>Al&s;o if the offender hath once &s;atisfied the corporall puni&s;hment, hee &s;hall not bee eft|&s;oones impeached.</P>
<P>Al&s;o if the offendor bee once convict, the plaintife cannot relea&s;e nor di&s;continue the puni&s;hment, &amp;c. but onely co&s;ts and damages &amp;c. <HI>Et po&s;tea &s;cilicet termino Mich. prox.</HI> it was holden by <HI>Wray</HI> chiefe Iu&s;tice, <HI>Sanders</HI> chiefe Baron, <HI>Harper</HI> and <HI>Manwood</HI> Iu&s;tices, <HI>Barham,</HI> and <HI>Gerrard</HI> Attorney, that the <HI>Queene</HI> might pardon the corporall puni&s;hment, which trencht to the common example, but <HI>Dyer, Moun&s;on,</HI> and <HI>Southcot</HI> held the contrarie, <HI>Dyer</HI> 322.</P>
<P><NOTE PLACE="marg">Strangers rob|bed on the Sea.</NOTE>A Merchant &s;tranger that is robbed upon the Sea by Engli&s;h men, may complaine by bill in the Starrechamber for it, if &s;o bee that the King whom the Merchant is &s;ubject un|to, be in amity with the King of <HI>England, vide &s;tat.</HI> 37. <HI>Eliz.</HI> 3. <HI>&s;tatute &s;taple, ca.</HI> 13. that he that &s;ueth before the King, and his Coun&s;ell ought to prove that he which tooke him, and robbed him, <HI>fuit etiam &s;ub obedientia Regis, vel de ami|citia Dom. Regis &s;ive Principis quarent. tempore &s;poliationis, &amp; non inimicus Regis &s;ive principis quarentis quia &s;i fuerit inimicus quum coepit bona, tunc no~ie&s;t &s;poliatio nec depredatio &s;ed legalis captio pront quil. inimicus capit &s;uper unum &amp; alterum. Et haec fuit opinio Iu&s;ticiar' in Camera Scaccar' ad hoc per Cancellarium Angl. vocat.</HI> 2. <HI>R.</HI> 3. Note
<PB N="41" REF="23"> that the &s;aid Statute doth not &s;peake that they &s;hall be examined before the Coun&s;ell, and yet the &s;ame booke is <HI>ut &s;upr. vide</HI> 31. <HI>H.</HI> 6. <HI>cap.</HI> 4. that this matter may bee examined in the Chancery.</P>
<P><HI>Vide</HI> if an enemy take a &s;hip from an Eng|li&s;hman,<NOTE PLACE="marg">An enemy ta|keth a &s;hip from an Eng|li&s;hman, and another Eng|li&s;hman taketh it againe from the enemy.</NOTE> and another Engli&s;hman taketh it from him againe, the fir&s;t from which it was taken, hath no remedy if he cannot <HI>ante occa|&s;um</HI> of the &s;ame day as it was adiudged as <HI>Vaui&s;or</HI> &s;aid <HI>Bar. Fits.</HI> 9.7.3.4. but hee that tooke it from the enemie &s;hall retaine it as a thing gotten by battell, and neither the King nor the Admirall &s;hall have &s;hare. <HI>ibid.</HI></P>
<P><HI>Vide</HI> the Satut. 27. <HI>Eliz. ca.</HI> 4. the authority of the Court of Starchamber &s;erveth again&s;t them which make frandulent convaiances<NOTE PLACE="marg">Frandulent conveyances.</NOTE> to defraud purcha&s;ers &amp;c. By the which it appea|reth that this Court &s;hall puni&s;h &s;uch an of|fence a&s;well as it may be puni&s;hed by the &s;aid Statute in another Court, And &s;uch a Clau&s;e is in 5. <HI>Eliz. ca.</HI> 10. concerning pujury.</P>
<P>Note by <HI>Catlin</HI> Chiefe Iu&s;tice of England in the Starchamber before all the Queenes Coun&s;ell,<NOTE PLACE="marg">A fine levied by an Infant or maried wife.</NOTE> that if an Infant or maried wife or other, levy a fine upon a grant and render in tayle or for life, the hu<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">band dies, the wife nor the Infant &s;hall have a Writ of errour during the nonage becau&s;e that he is the Te|nant of the land him&s;elfe, and againe he can|not
<PB N="42" REF="24"> have a Writte again&s;t him&s;elfe, and &s;o in this ca&s;e the Infant is without remedy <HI>quod nota,</HI> great mi&s;chiefe. <HI>H. Anno.</HI> 15.</P>
<P><NOTE PLACE="marg">Perjury volun|tarily commit|ted in the kings Bench.</NOTE>If perjury be voluntarily committed in the Kings Bench by any witne&s;&s;e or proofe upon a &s;ugge&s;tion for a prohibition there to be gran|ted, again&s;t an Ecce&s;ia&s;ticall Iudge, according to the &s;tatut of 2. <HI>et.</HI> 3. <HI>Eliz.</HI> 6. <HI>cap.</HI> 13. where the party is &s;tayed of his Writ of con&s;ultati|on, whether it might be examined and puni|&s;hed in the Starchamber was a great que&s;tio~, and upon this all the Iu&s;tices were a&s;&s;embled together at Sergeants Inn &amp; peru&s;ed the &s;tat. of 3. <HI>H.</HI> 7. <HI>ca.</HI> 20. <HI>et</HI> 11. <HI>H.</HI> 7. <HI>ca.</HI> 25. and the <HI>proui&s;o</HI> for the Star-chamber, in the end of the Act of 5. <HI>Eliz. ca.</HI> 9. and it &s;eemed unto them that the &s;aid perjury was not examinable nor to be puni&s;hed in this Court of Starchamber, for. 3. <HI>H.</HI> 7. <HI>ca.</HI> 1. doth not provide any pu|ni&s;hment for perjury no more then it doth for murder, and before 5. <HI>Eliz.</HI> there was no puni&s;hment for perjury by common Law but an attaynt, <HI>Dyer.</HI> 242.</P>
<P><HI>Vide</HI> my booke of Iu&s;tice of Peace among&s;t the Articles touching matters Eccle&s;ia&s;ticall, for perjury<NOTE PLACE="marg">Perjury.</NOTE> diuers ca&s;es which are printed there.</P>
<P><NOTE PLACE="marg">Perjury in Chancery.</NOTE>A man committeth perjury in the Chance|ry and thereupon a bill is exhibited and con|cluded <HI>contraformam &s;tatuti.</HI> 5. <HI>Eliz.</HI> And it was
<PB N="43" REF="24"> doubted whether that the defendant &s;hould plead not guilty or not, and whether he &s;hould be &s;worne to his plea, and al&s;o an&s;wer to in|terrogatories as in the Starchamber, &amp; it was held that he &s;hold not, by <HI>Catlin, Dyer, Sanders,</HI> and <HI>Whiddon,</HI> except that the Chancellor have ab&s;olute authority, and hath u&s;ed to examine perjuries before. 5. <HI>Eliz. ca.</HI> 9. For then it is re&s;erved by the <HI>proui&s;o</HI> of the &s;aid Statute a&s;well as for the Star-chamber, and if the Chancellour will examine perjury commit|ted there, <HI>vt pote&s;t</HI> by the &s;aid Statute, this &s;hall bee done by Latine Bill and pleaded in Latine, and i&s;&s;ue &s;hall be ioyned and tryed in the Kings bench, <HI>ut &s;olet,</HI> in the like ca&s;es 288. <HI>Dyer.</HI></P>
<P><HI>Memorandum,</HI><NOTE PLACE="marg">Forgery of a Will.</NOTE> that in the great ca&s;e of For|gery, touching the Will of Sir <HI>I.</HI> it was mo|ved for a doubt, <HI>viz.</HI> that if one that writeth the Will of a man that lyeth mortally &s;icke, in&s;ert a clau&s;e or article in the Will, when the Te&s;tator is &s;peechle&s;&s;e, and without memory, nor did command him afore to put in this ar|ticle or clau&s;e, whether this &s;hall be a forging of a Will, and puni&s;hable by the Statute, 5. <HI>Eliz. cap.</HI> 9. or no. And it was agreed and re|&s;olved upon the better opinion there, that it was not the meaning of the makers of the &s;aid Law, <HI>Dier.</HI> 288. Note that the forging of a Te&s;tament by the which any Lea&s;e for
<PB N="44" REF="25"> yeares is conceived, &s;hall bee puni&s;hed by 5. <HI>Eliz. cap.</HI> 14. by this word writing, onely. And yet no mention is made of any Te&s;tament: but of a Will concerning Frank tenement or inheritance. And it was doubted whether per|jury committed in an Eccle&s;ia&s;ticall Court <HI>circa probationem te&s;t,</HI> may be puni&s;hed in the Starchamber, by rea&s;on of the provi&s;o in the Starchamber there. 302.</P>
<P><NOTE PLACE="marg">A man having a Lea&s;e for 20 yeares writeth 30 in the In|denture.</NOTE>A man hath a Lea&s;e for twenty yeares, and maketh this in the Indenture thirty yeares, this is no forgery of the &s;aid Lea&s;e, becau&s;e that it was a good Deed, and not forged at the beginning. And yet notwith&s;tanding the &s;aid Lea&s;e is now voyd: the fir&s;t Ca&s;e is &s;o ta|ken in the Starchamber: and for the other ca&s;e &s;ee my Lord <HI>Dier</HI> 26. that &s;triking out, and maculation,<NOTE PLACE="marg">Maculation or blotting of words.</NOTE> and blotting of words, although it bee not in a materiall place, as in the &s;ub|&s;tance of words contained in the Indenture, defeats or di&s;anulls the Indenture. And this was in the ca&s;e of the Lea&s;e made by Inden|ture by <HI>A. Quaere.</HI></P>
<P><NOTE PLACE="marg">Protection a|gain&s;t Purvey|ors.</NOTE>Note, <HI>Fitz. nat. br.</HI> 30. that it appeareth by the Regi&s;ter 289. that all per&s;ons &s;pirituall may &s;ue out a protection for them&s;elves and their goods, and their Farmors of their lands, and for their goods there that they &s;hall not be taken by the Kings promooters, nor their cariages or cattells taken by any of the Kings
<PB N="45" REF="25"> Servants: and it appeareth by the &s;ame pro|tection, that King <HI>Edward</HI> in the 14 yeare of his reigne, by e&s;peciall Statute granted this priviledge to the Clergy, that he tooke them into his protection, and their goods and ca|riages: And they may have a &s;peciall Com|mi&s;&s;ion directed to certaine per&s;ons, to arre&s;t &s;uch Purveyors or &s;ervants, to bring them be|fore the Kings Coun&s;ell, there to an&s;wer their mi&s;fe&s;ance in this Ca&s;e.</P>
<P>If a Iurie doe for&s;weare them&s;elves in Court Baron among&s;t the free Tenants,<NOTE PLACE="marg">Iurors for&s;wea|ring them&s;elves in a Court Baron.</NOTE> upon a bill put into the court, they &s;halbe puni&s;hed here, for no attaint will lye in a ba&s;e Court: But if error be committed in &s;uch a Court, the party &s;hall have a Writ of fal&s;e judgment. But the Copiholder of a Mannour (if fal&s;e judgement bee given again&s;t him) &s;hall not have a Writ of fal&s;e judgement, but &s;hall &s;ue unto the Lord of the Mannour by petition. <HI>Nat. Br.</HI> for a fal&s;e verdict given again&s;t &s;uch a Copiholder, he may &s;ue in the Starchamber.</P>
<P>A man may &s;ue a Bill (as it &s;eemeth) in the Starchamber upon the Statute of buying of Titles, 32. <HI>H.</HI> 8. <HI>cap.</HI> 9.<NOTE PLACE="marg">Buying titl<GAP DESC="illegible" REASON="blotted" EXTENT="2 letters"></NOTE> for the King to have the forfeiture of the &s;aid Statute, and al|though the Statute afore&s;aid giveth the for|feiture of the one moity to the King, and the other to the party, yet notwith&s;tanding if the King fir&s;t commence his &s;uit for all, eve|rie
<PB N="46" REF="26"> one is barred as in other penall Statutes, which give the moity to the King, and the o|ther moity to any other that will &s;ue for it, <HI>ut patet</HI> 3. <HI>H.</HI> 7. for the la&s;t <HI>vide Brunkers</HI> Ca&s;e, <HI>ut &s;upra.</HI></P>
<P><NOTE PLACE="marg">A man found <GAP DESC="illegible" REASON="blotted" EXTENT="1 word"> Ideot before the <GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">&s;cheators.</NOTE>Although a man bee found to be an Ideot before the E&s;cheators or Sheriffe by inqui&s;i|tion, yet notwith&s;tanding hee may come by him&s;elfe, or by his friends before the Kings Coun&s;ell, and pray to bee examined before them whether he be an Ideot; or he may fue a Writ of the Chancery directed to certaine per&s;ons, to bring him before the Kings Coun|&s;ell to be examined. And if he bee found no Ideot before them, then that which is found before the E&s;cheators or Sherife availeth not.</P>
<P><NOTE PLACE="marg">Vnlawfull maintenance.</NOTE>Note that 3. <HI>H.</HI> 7. <HI>cap.</HI> 1. &s;aith that the Lords in this Court &s;hall heare and determine un|lawfull maintenances, &amp;c. <HI>Et ideo,</HI> what &s;hall be &s;aid Maintenance, and what not, <HI>vide</HI> my booke of Iu&s;tice of Peace, <HI>eodem titulo.</HI></P>
<P><NOTE PLACE="marg">If a man take upon him to maintaine, and yet doe not.</NOTE>If a man take upon him to maintaine and, yet doe not maintaine in deed, he is puni&s;h|able, <HI>Li. a&s;&s;.</HI> 30. <HI>Dier</HI> 95. A man tooke mony to give a verdict, although he gave no verdict yet notwith&s;tanding he &s;hall be fined <HI>Dier</HI> 95. <HI>Fitz. nat. br.</HI> 171. 21. <HI>H.</HI> 6. 2.</P>
<P><NOTE PLACE="marg">Maintenance.</NOTE>If I grant to <HI>B.</HI> that if my Tenant for life die in my life time, that <HI>B.</HI> &s;hall have the land for twenty yeares: In this ca&s;e <HI>B.</HI> may main|taine,
<PB N="47" REF="26"> 9. <HI>H.</HI> 6. 64. and yet this is but a po&s;&s;ibi|lity by <HI>Strange,</HI> and there is a Ca&s;e vouched to this purpo&s;e. <HI>Commentar. fo.</HI></P>
<P>Every one which hath intere&s;t in the re|ver&s;ion or remainder, may maintaine,<NOTE PLACE="marg">Maint<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters"></NOTE> and that with his owne money, <HI>Maint. Er.</HI> 53. 136. And &s;o may he that hath an u&s;e in Law or in con&s;cience. As if an obligation bee made to my u&s;e, I may maintaine, <HI>&amp; vide</HI> the Ca&s;e 15. <HI>H.</HI> 7. 2. where one was indebted to mee, and others indebted to him, and he a&s;&s;igned his bond to me in &s;atisfaction of my debt, and I in this ca&s;e may &s;pend of my owne money in this &s;uit, as appeareth there, 37. <HI>H.</HI> 6. 13. where one buyeth an Obligation made unto another, and it was held void in Law, and al|&s;o in the Chancery, becau&s;e the party had not <HI>quid pro quo,</HI> for it is a thing in action, and therefore if he bring an action upon this bond in the Obligees name, this &s;eemeth mainte|nance, becau&s;e he hath no intere&s;t.</P>
<P>The Statute afore&s;aid of 3. <HI>H.</HI> 7. <HI>cap.</HI> 1. &s;pea|keth moreover of the giving of Liveries, that if a man take a Livery, and doe not u&s;e it, yet he &s;hall be puni&s;hed for it, 5. <HI>H:</HI> 7. 18. <HI>per Hu&s;&s;ey, &amp;</HI> 6. <HI>H.</HI> 7. <HI>per Wood</HI> accordingly <HI>quare</HI> the Statute afore&s;aid &s;peaketh of Retainers by Deed to promi&s;e without Deed, for Retai|ners <HI>vide</HI> 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 2.</P>
<P><HI>Item,</HI> the &s;aid Statute &s;peaketh of Embra|cers,<NOTE PLACE="marg">Embra<GAP DESC="illegible" REASON="blotted" EXTENT="1+ letters"></NOTE>
<PB N="48" REF="27"> who &s;hall be &s;aid an Embracet, <HI>vide</HI> my Booke of Iu&s;tice of Peace, <HI>titulo,</HI> Maintenance, Embracery,<NOTE PLACE="marg">Embra<GAP DESC="illegible" REASON="blotted" EXTENT="2 letters">ry.</NOTE> Champertie, &amp;c.</P>
<P>Note that a <HI>Decies tantum</HI> will not lye a|gain&s;t an Embracer, if he embrace and doth not take money, for he mu&s;t take money and embrace. Al&s;o where this action is main|tainable, <HI>Fitz. Nat. Br.</HI> 171. <HI>I&s;&s;ue</HI> 10<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">. 37. <HI>H.</HI> 6. 31.</P>
<P>If a man take mony, or buyeth lands for le&s;&s;e than it is worth, for to embrace or to give a verdict, it is all one, &amp;c. <HI>Decies tantum Fitz. nat.</HI> 9. 41. <HI>E.</HI> 3.</P>
<P>Iurors tooke money after they had given their verdict, without any covenant afore|hand, whereof they were convicted by ver|dict, and every one was fined at a noble. This Ca&s;e is out of the Statute of <HI>Decies tantum,</HI> 39. <HI>lib. a&s;&s;.</HI> 19. and &s;o it &s;hall be puni&s;hed in this Court, becau&s;e that they have power to puni&s;h Iurors which take money, as it appea|reth by the Statute of 3. <HI>H.</HI> 7. <HI>cap.</HI> 1. <HI>&s;upr.</HI></P>
<P>A Lawyer which taketh money to embrace Iurors &s;hall bee puni&s;hed by the Statute of 6. <HI>Ed.</HI> 4. 5. <HI>Decies tantum. Fitz. nat. br.</HI> 171. and yet notwith&s;tanding for taking of money to give in evidence, &s;hall not bee puni&s;hed. It &s;eemeth that embracers &s;hall bee puni&s;hed which take money, and labour the Iurors to pa&s;&s;e the one way, or the other, although the
<PB N="49" REF="27"> Iurors give up their verdict as they &s;hould doe.</P>
<P>Note that Iurors which take money,<NOTE PLACE="marg">Iurors which take money.</NOTE> and are attainted &s;hall not be put in A&s;&s;ize, Iuries or Enque&s;ts, but &s;hall be &s;ent to pri&s;on, and moreover puni&s;hed at the Kings plea&s;ure, 5. <HI>Edw.</HI> 3. <HI>ca.</HI> 5. Note that this Statute was made long time before the &s;tatute of <HI>Decies tantum</HI> which was made in 34. <HI>Ed.</HI> 3. <HI>ca.</HI> 8. And this &s;tatute of 34. <HI>Ed.</HI> 3. giveth no impri&s;on|ment, but where a Iuror or Embracer hath not &s;ufficient to make recompence.</P>
<P>The &s;aid Statute of 3. <HI>H.</HI> 7.<NOTE PLACE="marg">Vntrue re|turnes of Sheriffes.</NOTE> &s;peaketh al&s;o of the untrue demeanour of Sheriffes in im|panelling of Iuries, and in untrue returnes: concerning fal&s;e returnes, &s;ee <HI>Bronkers</HI> ca&s;e <HI>&s;u|pra</HI> in this title, <HI>&amp; vide</HI> the Statute of 23. <HI>H.</HI> 6. <HI>ca.</HI> 10. for Sheriffe, for extortion, and taking of mony; And <HI>vide</HI> the title of Sheriffes in my Iu&s;tice of Peace.</P>
<P><HI>Item,</HI> the &s;aid Statute &s;peaketh of Ryotts,<NOTE PLACE="marg">Ryots, &amp;c.</NOTE> and &s;ee the title of Ryots and Routs in my Iu|&s;tice of Peace.</P>
<P><HI>Item,</HI> by the &s;aid Statute of 3. <HI>H.</HI> 7.<NOTE PLACE="marg">Taking of mo|ney in Iurors. Embraceries.</NOTE> it appear|eth, the Lords &s;hall puni&s;h taking of money in Iurors or Imbracers, although the partie might have beene puni&s;hed by Statutes that have beene made.</P>
<P>If a man maintaine another while&s;t the plea is depending <HI>pro parte Reg.</HI> hee &s;hall bee pu|ni&s;hed<NOTE PLACE="marg">Maintenance.</NOTE>
<PB N="50" REF="28"> in the Starre-chamber. For every Champarty implyeth a maintenance, <HI>vide</HI> 32. <HI>H.</HI> 8. <HI>ca.</HI></P>
<P>If a man exhibite a Bill again&s;t 2, and pray to have proces again&s;t them, but the plaintife &s;erveth but one of them: If the defendant have a commi&s;&s;ion to take their an&s;wer, and the Commi&s;&s;ioners take their an&s;wer, and the plaintife doth not joyne in the Commi&s;&s;ion, here hee &s;hall loo&s;e the benefit of examining the defendant upon interrogatories, and ther|fore &s;ee that is good, that the plaintife joyne in the commi&s;&s;ions to the intent that hee may exhibite interrogatories. <HI>Vigilantibus &amp; non dormientibus &s;ubveniunt leges.</HI></P>
<P><NOTE PLACE="marg">Entring into a hou&s;e and ca|rying away of writings.</NOTE>Tre&s;pa&s;&s;e for entring into his hou&s;e, and ca|rying away of writings, and the defendant pleads not guilty, the enque&s;t &s;aith that the defendant came into the hou&s;e of the plaintife when the plaintife was not there, and &s;aid un|to the plaintifes wife, that hee bad that &s;hee &s;hould deliver the &s;aid writings unto him, which &s;he did, whereupon <HI>Higham</HI> awarded that the defendant &s;hould be impri&s;oned, and that he &s;hould not bee relea&s;ed untill hee had redelivered the &s;aid writings unto him; And damages were a&s;&s;e&s;&s;ed becau&s;e he came with a fal&s;e me&s;&s;age, Tre&s;pa&s;-&s;hip 240. 34. <HI>Ed.</HI> 1. <HI>vide</HI> the &s;tatute of 33. <HI>H.</HI> 8. <HI>ca.</HI> 1. how one &s;hould be puni&s;hed there for getting of mo|ney,
<PB N="51" REF="28"> or by a fal&s;e me&s;&s;age, or counterfeit Let|ters or tokens. See <HI>Wor&s;ley</HI> his ca&s;e <HI>codem titu|lo, vide</HI> 1. <HI>R.</HI> 2. <HI>ca.</HI> 4. How Lords or Noblemen &s;hall bee puni&s;hed that maintaine quarrels in the Country or any where el&s;e.</P>
<P>A Merchant Stranger which came into <HI>England</HI> by the Kings &s;afe conduct did deliver certaine Merchandize to one of the Kings &s;ubjects at <HI>South.</HI> to cary,<NOTE PLACE="marg">A Carier ope|ning packs committed to him not to be opened.</NOTE> who opened the pac|ket, and took things out, whereupon the For|reiner exhibited a Bill in the Starre-chamber before the Kings Coun&s;ell there, whether this were Felony or no. It was referred to the Iu&s;tices, and held to be felony, and &s;o the Iu|&s;tices certified the Chancellor, and the Kings Coun&s;ell. And it &s;eemeth by the booke that a Merchant &s;hall not loo&s;e the Mercandizes, becau&s;e hee comes hither with the Kings &s;afe conduct, <HI>ut &s;upra,</HI> 13. <HI>Ed.</HI> 4. 9.<NOTE PLACE="marg">Safe conduct to Merchant &s;trangers.</NOTE> And it is &s;aid there that it was adjudged that notwith&s;tan|ding the &s;tatute which giveth that the &s;afe conduct &s;hall be enrolled, and the number of the Marryners, and the name of the &s;hip, That where &s;afe conduct is, and hath not his due circum&s;tances according to this, yet it &s;hall be allowed, for Aliens &s;ay that they are not bound to know our &s;tatutes for they come by rea&s;on of the Kings privy Seale upon his &s;afe conduct: And if that &s;hould not be &s;ufficient then &s;hould they bee deceived; and yet not|with&s;tanding
<PB N="52" REF="29"> &s;ome &s;ay that the &s;tatute made for forfeiture of Merchandize bindeth Mer|chant &s;trangers aswell as Denizens. <HI>vide Fo|ga&s;sa</HI> his ca&s;e, <HI>Coment fol.</HI> 1. It is held by the Chancellor in the fir&s;t ca&s;e, that a Merchant &s;tranger which comes by &s;afe conduct is not bound to &s;ue by the Law of the Land, to try a thing by twelve men, but that it &s;hall bee de|termined according to the Law of nature, in the Chancery: And by this it appeareth that the Court of Star-chamber was before 5. <HI>H.</HI> 7. <HI>ca.</HI> 1.</P>
<P><NOTE PLACE="marg">Collu&s;ion upon bond to &s;ave a <GAP DESC="illegible" REASON="faint" EXTENT="1 letter">uer<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter">y harme|le&s;&s;e.</NOTE>Note that one <HI>Grevile</HI> was bound with one <HI>Halc,</HI> and for the debt of the &s;aid <HI>H.</HI> in an hun|dred pound to one <HI>Dawby</HI> a Merchant for the payment of 50. pound, at a certaine day, and <HI>H.</HI> was bound to <HI>Grevile</HI> by obligation to &s;ave him harmle&s;&s;e again&s;t <HI>D. H.</HI> payeth the money, 50 pound at the day or within three dayes after, and his bond given him, in the which <HI>G.</HI> and <HI>H.</HI> were bound to <HI>D. G.</HI> being neither &s;ued nor damnified by this debt prac|ti&s;ed with one <HI>P.</HI> that <HI>G</HI> &s;hould bring an acti|on upon the &s;aid obligation again&s;t the &s;aid <HI>H:</HI> and then it was agreed, that <HI>P</HI> &s;hould ap|peare as <HI>H.</HI> his Attourney, and confe&s;&s;e the action without any ordinary rule of the Court to an&s;wer: The plaintifes Attourney pleadeth unto him, <HI>non &s;um informatus,</HI> and upon this <HI>G</HI> had <HI>H.</HI> in execution, and <HI>H</HI> &s;hew|eth
<PB N="53" REF="29"> this matter to the Court, whereupon a <HI>vacat</HI> was made of the Iudgement, and <HI>H</HI> en|larged, and <HI>P</HI> committed to the Fleet, and to &s;tand upon the Pillory. And <HI>G</HI> was bound to the Queene in a Recognizance of two hun|dred pounds to appeare in the Common Pleas. And this devi&s;e and lewd practi&s;e was made and devi&s;ed betwixt <HI>G</HI> and <HI>P</HI> to &s;toppe or di&s;charge a debt, in the which the &s;aid <HI>G</HI> was bound unto the &s;aid <HI>H. Dyer fo.</HI> 331. Note that this order that <HI>P</HI> &s;hould &s;tand upon the Pillory was ordered by the Court of Starre-Chamber as it &s;eemeth.</P>
<P>Note, <HI>Dyer fol.</HI> 249.<NOTE PLACE="marg">A Pri&s;oner in execution for debt mu&s;t be &s;traitly kept.</NOTE> &s;aith that an order and decree was made in the Star-Chamber, 2. <HI>H.</HI> 4. 8. by the devi&s;e of divers Iu&s;tices there be|ing, <HI>viz.</HI> both the Chiefe Iu&s;tices of both the Benches, <HI>Fitzherb.</HI> and <HI>Spillins</HI> Iu&s;tices, that by the Law &s;uch a pri&s;oner as is in execution in the Fleet for debt &s;hall not have his liberty within the pri&s;on, nor without with the Kee|per, but &s;hall bee kept very &s;traitly in Ward, and an Injunction of this was &s;ent to all the Keepers of the pri&s;ons in <HI>London</HI> to ob&s;erve the &s;aid Order and Decree upon paine of an hundred pound, and &s;o &s;ee the authority of the Court that by good di&s;cretion it may or|der things, although they be not mentioned in the &s;tatute of 3. <HI>H.</HI> 7. <HI>ca.</HI> 1.</P>
<PB N="54" REF="30">
<P><HI>R. A.</HI> was attainted of di&s;&s;ei&s;in with force whereupon an exigent went out,<NOTE PLACE="marg">An Item for Sheriffes.</NOTE> which Writ the Sheriffe returneth: And that the King &s;ent unto him the Writ under his &s;eale, that he had pardoned the tre&s;pa&s;&s;e and impri&s;on|ment, and commanded that hee &s;hould not be endamaged for this cau&s;e: &s;o that hee had nothing by rea&s;on of this commandement, and returneth the Kings Writ; And becau&s;e this Writ &s;hould have beene &s;ent to the Iu|&s;tices, and they ought to have commanded the Sheriffe to &s;urcea&s;e (for a Sheriffe cannot &s;urcea&s;e by rea&s;on of any Writ in the Law, but by warrant out of the place from whence hee had his commandement) The Sheriffe was amerced, and a new exigent awarded, 14. <HI>E.</HI> 3. <HI>titulo</HI> of <HI>Vicount Fits</HI> 89. As touch|ing that the &s;aid privy &s;eale ought to have beene &s;ent to the Iu&s;tices, <HI>vide</HI> 4. <HI>E.</HI> 4. 14.</P>
<P>A Sheriffe having a Writ of Atachment <HI>Coram Domina Regina &amp; con&s;ilio in Camera &s;tel|lata apud We&s;tm.</HI> 15. <HI>Pa&s;che ad re&s;pondend. dict. Domina Regina &amp; con&s;ilio &s;uo de quodam contemptu, &amp; ad faciend. &amp; recipiend. ulterius, &amp;c.</HI> arre&s;ted the party, and tooke bond of him, indor&s;ed with this condition, <HI>viz.</HI> that if hee &s;hall per&s;onally appeare before the <HI>Queenes</HI> Maje&s;tie, and her Coun&s;ell at <HI>We&s;t|min&s;ter</HI> 15. <HI>Pa&s;che,</HI> and then and there &s;hall an|&s;wer
<PB N="55" REF="30"> a contempt by him made again&s;t the <HI>Queene</HI> and her Coun&s;ell; then if the&s;e words, <HI>viz.</HI> (and then and there &s;hall an&s;wer) &s;eem to be an addition more the~ is in the &s;ta|tute, 23. <HI>H.</HI> 6. <HI>ca.</HI> 10. <HI>garr. Ideo vide,</HI> whether it be void or not. It was demurred upon in Law, and by the opinion of <HI>Dyer</HI> and <HI>Wind|ham,</HI> the obligation is good enough, for it amounteth to as much as to &s;ay (then and there to an&s;wer to a contempt, &amp;c.) which had been good, and by this obligation no pro|fit accreweth to the Sheriffe or to any other per&s;on but onely to an&s;wer to the King, &amp;c. which was the intent of the Statute of 23. <HI>H.</HI> 6. <HI>&s;ed Mede contra,</HI> and iudgement was given, <HI>Mich.</HI> 22. <HI>&amp;</HI> 23. <HI>Eliz. per Dyer</HI> 364.</P>
<P><HI>Memorandum, quod patet</HI> 34. <HI>H.</HI> 6. <HI>rotulo</HI> 37.<NOTE PLACE="marg">Men that be|ing in pri&s;on for debt frau|dulently pro|cure them&s;elves to be indited.</NOTE> <HI>in banco Regis,</HI> That one <HI>Vernay</HI> which was in execution in the Fleet for debt unto the King and another procured them&s;elves fraudulent|ly to be indited of fellony, to the intent to defraud their creditors of their debts, and procured them&s;elves to be removed out of the Fleet by a <HI>Corpus cum cau&s;a, &amp;c.</HI> directed to the Warden of the Fleet to be committed to the Mar&s;hai&s;ey; and the&s;e executions were returned into the Kings Bench, whereupon the King being informed of this intent of the pri&s;oners, and of divers of their &s;uch fraudu|lent practices to deceive their creditors by
<PB N="56" REF="31"> this procurement to bee indited of fellony, and to be arraigned upon it, and to confe&s;&s;e the fellony, and to betake them&s;elves to their Clergy, to the intent to be out of the power of Temporall Lawes, and afterwards by meanes to make their purgation, and bee di&s;charged: The King by his Privy Seale di|rected unto the Iu&s;tices of the Kings Bench, commanded them to &s;urcea&s;e the arraigne|ment of him untill they had heard further commandement from him and his Coun&s;ell, <HI>Dier</HI> 245. <HI>vide</HI> 1. <HI>H.</HI> 7. 7. One was arre&s;ted in London upon a plaint which was not at the Common Law, afterwards the defendant was indited in the Kings Bench of tre&s;pa&s;&s;e, and was removed thither by <HI>habeas corpus</HI> out of London, and becau&s;e he could not appeare by Atturney in the Kings Bench, but in pro|per per&s;on, he was not &s;ent backe, which was held cleerly &s;u&s;pitious; and yet hee was di&s;|mi&s;&s;ed out of London, for he acknowledged the tre&s;pa&s;&s;e, and was committed to the Mar&s;hal&s;ey, and afterwards hee found &s;urety for fine to the King, and was di&s;charged, 14. <HI>H.</HI> 7. 7. printed by <HI>Covin</HI> &s;hall not be allowed, 6. <HI>Ed.</HI> 4. 4. One was in execution for the par|tie for damages, recouered in redi&s;&s;ei&s;in, and afterwards attainted by outlawry of fellony, and pardoned for it, who was againe in exe|cution for the party, and yet notwith&s;tan|ding
<PB N="57" REF="31" MS="y"> once he was in &s;ome &s;ort di&s;charged, be|cau&s;e that when the Kings intere&s;t and of a common per&s;on concurre together in an en|tire thing as in the body, &amp;c. the King &s;hall be preferred; but if he had beene found guil|tie, and had his Clergy, he &s;hould be delive|red into his former e&s;tate, <HI>I. Illingworth</HI> and <HI>Markham:</HI> And the rea&s;on is, becau&s;e that in this ca&s;e hee is out of the Court, and di&s;|charged of this; but in the ca&s;e of redi&s;&s;ei&s;in <HI>ut &s;upra,</HI> he abideth alwayes in the keeping of the Court, 6. <HI>E.</HI> 4. <HI>vide</HI> 24. <HI>E.</HI> 3. 12. <HI>&amp;</HI> 6. <HI>H.</HI> 4. 8. <HI>vide</HI> 4. <HI>E.</HI> 4. 9.</P>
<P><NOTE PLACE="marg">A man having neither privi|ledge nor cu|&s;tome to make Proclamation.</NOTE>If a man make a proclamation without priviledge or cu&s;tome, he &s;hall be fined and committed, and &s;o was Sir <HI>I. K.</HI> of North. which cau&s;ed proclamations to be made in divers Townes, that every one to whom <HI>I. S.</HI> was indebted &s;hould come unto him to the which <HI>I. S.</HI> was executour, and that they &s;hould be paid, and he was committed for this, and fined, <HI>Proclamation Brooks</HI> 10. 22. <HI>H.</HI> 8. and this matter &s;hall bee examined in this Court.</P>
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<TRAILER>FINIS.</TRAILER>
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</ETS>
