STAC 5/T7/33r

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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 13-16

In Camera Stellata coram conslllo ibidem 2 Jullj 1595 anno Elizab. Reginae 37, termino Trinitatis.

Edward Talbot plaintiff and Woode defendants. The bill contaynethe the sclaunder of Woode the defendant wherewith he hathe charged the plaintiff that he showld secretely intende the poyseninge of the Erle of Shrewseberye, his brother, by this defendant, which the defendant did of late reveale to the Erle of Shrewsebery & his wyfe & to some of the privye counsell (which was since a challenge of the Erle to the plaintiff by 2 sundry letters), and after 2 yeres and a halfe conceallinge of the same. For the sayd Wood hathe suggested that more then three yeres sythence this plaintiff wroughte secretely under hande with this defendante to poyson the sayd Erle by gloves, and concealed the same till June, 36 Elizab.; and Wood also pretendethe a forged deede of a 100 li anuitye per annum, graunted to him by the plaintiff to effecte the same; and that the plaintiff seemed to Woode, 17 Novembr. laste, to desire rather the ministringe of some pocion to the Earle, whereas the forged deede of anuity bearethe date the 28 of Novembris laste, which daye the gloves were boughte by Woode. The plaintiffs Councell did first enforce the impeachemente of Woods credite by sundry deceitefull practyses in phisike, (he practisinge phisike being neyther lycensed nor graduate in any Universitye), of oyle of stagges bloode ministred to the Countesse of Shrewseberye for the gowte, of drinkinge 12 gallons of wine pretendinge to drawe the spirite of wyne, the ministringe of dyvers sophisticate oyles, receiptes, and other compositions, as oyle of waxe, butter, antimonie, licor of pearle, the quintessence of creme, and [Page 14] other distillations, the iest of the house and the counter.

His trecherye with the Erle and his Ladye in concealinge this practise 2 yeares & a halfe, & revealinge to the plaintiff how the Erle had intelligence of all thinges spoken in the plaintiffs bedd chamber. His conceaved sorrowe for his unfortunate happe in not revealinge to the plaintiff the Erles proces against the plaintiff before they were served upon him; for there were certeine controversies for title of lande betwene the erle & the plaintiff his brother, & the defendante gave intelligence to the plaintiff at all times of all proceedinges used by the Earle in that Cawse.

The forginge of the deede of the anuitye, prooved by the secrete seallinge of it, by the rasure of "Henry," and interposinge "Edward" in 2 places at the beginning, by lymitinge no estate but "duringe the naturall of the defendante," without " lyfe," & the deede never delyvered, the subscrybinge of 2 letters, viz: " E. T.," beinge never used to be so subscrybed by the plaintiff in any of his former grauntes. The Queens Serjeant, Serjeant Healle, Serjeant Flemminge, Serjeant Lewkener, Jackson, Healle junior, of counsell with the plaintiff, and at the bar all day. Serjeant Yelverton, Serjeant Heme, Heskins, Phillips, Fuller, Crue, with the defendant, and at the bar all day.

Mr Attornie mooved that one beinge acquaynted with a practise of poyseninge, or the lyke, and dothe surcease his time in not reveallinge the same within a time conveniente, he is not to be receaved as a fitte wytnesse, and so alleaged the authoritie of Bracton. Accusator post internallum temporis non est audiendus; & therefore in actes of parliamente of treason & felonie a certeine time is limited, in some a quarter, in others halfe, and in some a hole yeere, to be convicted of the offence by them. And so agreed, per Dominum Thesaurarium totius Angliae.

Heskins first aunsweares for the defendant for his credite for thinges done in his youth, which, if they showlde be examyned, gentlemen of Innes of Courts clothers have [Page 15] done many worse practyses; & for his sophisticated drugges, manye Apothecaryes in the towne are in the like faulte; & endeavoured to disgrace some of the wytnesses produced one the plaintiffs behalfe; & he woulde have produced Bostoke and others viva voce for the defendantes credite, but the Courte woulde not allowe it but ex assensu partium, who woulde not agree. Then Sergeant Yelverton woulde have aunsweared the forgerye of the deede, but the Lordes forced him to aunsweare firste the substance, which was the practise of poyseninge, and then the color, viz. forginge of the deede of the anuitie, or els to leave the cawse to the censure of the Cowrte. But Yelverton preste the dependauncye and presente hearinge of one other bill, wherein the Erle was plaintiff and Edward Talbot defendants, conteyninge the practise of poyseninge; and ordered by this Courte that bothe causes showlde be hearde the one after the other successively, and not censured before they were bothe hearde; but the Lordes urged as before; & for that the time was spente they referred the sequel to the nexte hearinge; & the defendant was bounde for his apparaunce. And it was sayd par Sur Thesorer (for that the defendante made some doubte his cause would not be censured this terme, for that this terme was very shorte), that this Courte was a Courte of state, & tyed to no time, and therefore hathe a starre fixed, and called starre chamber, of the state thereof; & so the councell here, being the Quenes councell, might sit & heare waighty causes 3 or 4 dayes after the terme. Likewise he spake for lawe, that if any man will practise phisike not lycensed, if he minister to any that dye after it, he is to be indicted of felony, and suffer deathe as a felon.

But Serg. Yelverton assaied to overthrowe the bill, and that the Courte could not geve any sentence upon it for contayninge the forging of a deede that doth not declare any estate, &c., nor ever was delyvered.

Concluded by the whole Court that in criminal cases [Page 16] one wytnesse suffysetlie not, but testes luce elariores et omni exceptione maiores may bring proof.

The nexte daye, being Friday, 4 Jul. 95, present Lo. Keeper, Sir Jo. Puck[ering], Lo. Tresorer, S Wm Cecill, Erle of Essexe, Deuereux, Lo. Admirall, Lo. Howarde, Sir Robert Cecill, Sir John Wollye, Sir John. Fortescue, Lo. Ch. Justice Popham, Larchevesque de Canterb. Whitgift.

Then Serg.Yeluerton and Heskins assaied to aunsweare the rest of the plaintiffs bill, and therein did use all arte and science that the witte of man could; & so was replyde more learnedly by the Queenes Attornie. In so muche that, upon the hearing of the learned councell one bothe sides, the Lordes sayd themselves they were in greate suspence to which side they showld incline, at the first holding Wood the defendante altogether in faulte, and upon the aunsweare making question of Talbot the plaintiffs innocency, and yet upon the present reply condemning Wood for a most palpable machivilian, hie Councell pressing the courte with Circumstances of Woods devysing, & presumptions of speeche & letters, being all censured at the last both by the Lordes and plaintiffs counsell to be the damnable practises of Wood, in the traiterous Cariage of himselfe to his Lord and Lady and to this plaintiff. And so in shortenes they ended that Cawse, but referred the sentencing & censuring thereof to be joyned with the nexte cause that followed, as before.

See also STAC Talbot