STAC 5/H47/16r

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Les reportes del cases in Camera Stellata, 1593 to 1609 from the original ms. of John Hawarde edited by William Paley Baildon Published 1894 Pages 86-87

In Camera Stellata, coram concilio ibidem, Mercurij, 26 Octobris, 1597, termino Michaelmas Elizab. 39.

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 Counsel 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; 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 Archbishop would fine him £100, with imprisonment and restoration to the party of his damages. But by all the (p.87) others of the Court, he was fined 500 marks, imprisonment without return in haste or enlargement, referred to the Archbishop to depose him from his degree and his ministry, and then to have exemplary punishment by the pillory with confession at the next Assizes; and his wife £40 and imprisonment. The other defendants, who are sought for on proclamations of rebellion, to be indicted before the Justice of Assize and punished by him. Also the Lord Keeper moved that it is a great abuse, and worthy of grave punishment, to devise feigned actions on the case, or of felony, or treason, or such, and then to take the body of the party in execution, or to vex him with actions of great value.

Ruled by the Court: If anyone arrest men by a ticket of paper to appear in this Court, and no process is had out of this Court for their appearance (which may appear by 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 rule] of having the service of process appear by afidavit, otherwise they will not give credence to it. So in all causes of hearing, "Counsellers" at the bar ought to open the bill and answer truthfully as they are, without addition or detraction, and show what is proved in the depositions [livers], and rely on this only, and not on any other collateral things, even where these are not only necessary, 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.

see STAC Hore