STAC 5/A23/21r

From Waalt

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 125-129

In Camera Stellata, coram Consliio ibidem, Mercurij, 28 April, An. Do. 1602, Annoque Elizab. Rnae 44, Termino Pasche.

Coke, the Queen's Attorney, informed on the relation of [blank] Chamberlain, Under-Sheriff of [blank] agamst Pierce and Twine, and others, for riot and a fraudulent deed, in manner as follows: Pierce, being indebted to Twine and others, made secretly and sealed and delivered a general deed of gift of all his goods to Twine, with intent to defraud the other creditors, and this deed was antedated, and was a deed poll. Pierce kept this deed, used the goods, sold the goods, marked the sheep, in the subsidy seised himself of these goods, and this deed did not appear before the Under-Sheriff came with the Queen's writ for execution for another debt; and then divers men, by the appointment of Pierce and Twine, resisted the execution and the Sheriff by force, wounding, beating and maiming him, and this continued three or four several days. And there assembled at one time one hundred persons, and they continued their resistance in the names of Pierce and Twine by colour of the said gift of goods made to Twine, and saying that Twine wished to keep them safely and without damage; the four principal actors were named Clarke, when others came the usual word was, " Whoe willte thou stande for ? " the answer, " For Twine," and, " Whosoever will take goods heere, I will have the Puddinges oute of his bellye," etc. The Sheriff committed divers [persons] for the force and riot; Twine brought [actions for] false imprisonment. Audelie, a friend of Twine's, was bound to (p.126) the Sheriff by his goods, the Sheriff by his return charged himself with the goods; Twine brought a writ of error in the Exchequer, where the judgment was confirmed; Twine preferred a cross bill against the Sheriff in this Court; the depositions [livers] in this Court [reach] to letter K; divers suits between the Sheriff and Audelye for the debt recovered on the execution, and divers defendants in this Court; Twine maintained the charge[s] of all [the defendants]: and the Scrivener, who made the [deed of] gift, deposed that it was made with intent to defraud other creditors, and secretly made, and so it was resolved to keep it; Twine confessed as much in effect: and yet in truth Peirce was indebted bona fide to Twine in £1100, and had made two earlier gifts of his goods for payment of his debt to Twine, but not general [gifts], and therefore they are of no value to satisfy the debt; and therefore Peirce, bona fide for the payment and satisfaction of all his debt to Twine, made this general gift of all his goods: which was a thing greatly disliked by the Court, namely, that Twine had taken two former gifts of goods.

Crooke, Recorder of London, was of Counsel with Twine; he did not defende the riots, but excused Twine, because he was not present at the riots, nor at the sealing and delivery of the gift, nor procured it, nor had cognizance of it; and he had been a man of good estate, but being a simple, weak man, and over-reached by these 'suertishippes & shiftes,' he is minus [sanse] £1100, and without means to have this; and he will be undone for ever, if this Court has not commiseration for him, and does not give him 'gratiouse relleife'; he submitted himself in all humility to the gracious censure of this honourable Court. He [Crooke] was commended for his discretion, judgment, learning and good and reverent regard to this Court in the delivery of this speech.

But Serjeant Heale, Hutton and Toppam, of Counsel also with Twyne, did not make any defence for the riot, nor for the rioters, but excused Twine because he did not (p.127) procure this, nor comfort them [the rioters], nor have cognizance of it. And as to the fraud, they endeavoured to acquit him in law, and for this moved a point on a cause was heard on the last day, when this point was moved by Serjeant Heale, but when he ought to have opened it [this day ?], he discreetly departed from the bar [of the Court], and it was referred to the consideration of the judges this day; and now Toppam moved audaciously and 'peremptorie' on clear law, and cited judgments for this.

First in Diar, 5 Mary, fol. 160, plea 44.A man bound with two sureties in £40 to be paid at two days, for their assurance by Indenture sells to them beasts [? as if] for £40 paid, proviso, if he discharge and save them harmless, etc., the sale to be void, and it is agreed that he may occupy [retain possession]: he fails in the first payment, and afterwards is felo de se. Award in the Star Chamber that the Almoner shall have the beasts and discharge the sureties. Diar against all, because the property is in the vendees, on breach of condition. Query if the wife who continues her quarentine, may defend the possession with force. By the Lord Keeper: It was the best alms: and in Diar are reports as he heard them [and also] opinions and doubtes, and thus are strange things printed, which detract greatly from the authority of Diar's book: but he said that he was a literate and reverend man.

Another case of Bankrupts in the Attorney's book, statute of part 2, fol. 25, Trin. 31 Eliz.

This case is stronger against him than for him, and on the true reason of the said case, all fraud is condemned and equality commended, and all are in equal right. Cato says Ipse etenim leges cupiunt ut iure regantur. And equal (p.128) distribution should be made according to the quantity of their debts,

Another case cited in the Queen's Bench, Sydnam's case.

All these cases were answered by the Attorney, and with offence he opposed Toppam, who, by default of intelligence, impudently vouched these cases, while the Recorder, a more reverend and judicial man, used other kind of submission and reverence to the authority of this Court.

And so it was resolved by all the Judges that the deed was clearly fraudulent, and, by Popham, the proviso in the Statute of 13 [Eliz.] is a flattering proviso and does not seem to aid if it be well understood. And for the riot and fraud together, Peirce and Twine were fined each £200, the other defendants each £40, imprisonment, and the Clarkes, being the principals, confession at the next Assizes, and the pillory, and [bonds for their] good behaviour; a woman fined £10; all imprisonment as of course. The Sheriff, to incourage the others, (there being a small number without corruption,) and inasmuch as he had, for the execution of the Queen's writ, proceeded without corruption to adventure his life and to lose his blood, and he had complained of this in this Court, to have £200, to be paid by Peirce and Twine and any other defendant who is able; and in the same way, all the fines shall be levied of him who is most able.

By the Judges and the Lord Keeper: The deed has all the badges of fraude: First, (as Linwoodde notes), it is general of all the goods, 'the shirte from the backe & breade from the mouthe'; 2. The intent to defraud other creditors; 3. It is antedated; 4. It is a deed poll; 5. The donor keeps it; 6. The donor himself uses and sells the goods; 7. The gift is secretly kept, and not known before the execution. And thereupon the Lord Keeper and the Chief Justice advised 'Counsellors & practisers' to be laborious to have intelligence and knowledge of their (p.129) clients' causes, and with good discretion and judgment, honestly to provide and devise for them, and to have very good regard to the reverend personages and Judges of this Court, and not audaciously and impudently to defend or deliver any thing, and not [to speak] confidently and immodestly, to the scandal and detraction of the reverent respect to this Court and to the counsel thereof. For the cases put by Toppam may well beseem a moot, but not this place, for they are not well understood. And as to the cases in Diar and in the Attorney's book, they are both directly against him, and in Diar's case, this Court was of opinion that the Almoner should have the goods, and in good and 'principalle almes' should satisfy the sureties.

And as to the Sheriff, he was much commended and encouraged, and others by his example; and when he in levying summoned a iury to try whose the beasts were, it was needless and not usual, for he could take the beasts without a jury: and also when he procured a Justice of the Peace to assist him, he might have had a posse comitatus; and if he killed any one who resisted him, he could justify it by the law. By the Chief Justice: It is a resurrection and a rebellious riot; and if the Sheriff on this resistance had made proclamation and, after proclamation made, they continued m resistance, they could be, and ought to be, proceeded against in another kind; for they resist the Queen and her royal authority, and therefore it differs from cases between party and party.

See also STAC Twine