STAC 5/A49/19r

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 Page 72-73

In Camera Stellata, coram consilio ibidem, Die 1597 Mercurij, 20 Aprilis, An. Do. 1597, Elizab. 39, termino paschae.

The Attorney, plaintiff, Michaell Wades, Johnes, and Bedelles, defendants: Wades had arrested a gentlewoman Wadss and named Oliffe Kebleworth on three several actions of the value of £1500, and had her in prison, and forged a others Forgery, &c. warrant under the hand of the Archbishop of Canterbury and others of the High Commissioners, and procured one Justice Yonge to command that the woman should not be bailed; and then the said Wades agreed with her, and procured a discharge from Justice Yonge, and for . . . released the gentlewoman and all actions. He pleaded " Not guilty," and on interrogatories he made answer, " I can say nothing." Where upon it was ruled by the Court that, by the course of the Court, it is held as a confession, and the cause may be judged immediately without other examinations. The defendants counsel moved that the Court could not judge on the bill, but it was ruled by all that if a complaint be made generally, contrary to the lawes & statutes in that case provyded, it is in the election of the Court to judge this according to the statute or according to common law; but if the bill be upon any special statute, this should be followed and the matter proved to be an offence within the statute, otherwise the Court will not judge it. And if a bill complain of an offence done after a pardon, it is not material as to the date or day of the act or deed, although the bill and the deed differ in date; thus it may be proved that this is a forged deed; as at common law, if a man pleads " mil tiel recorde," and it appears to be the same record in substance without difference, even if the date or day differ, it has to be adjudged good.

Bedelles and Johnes, the one in the house with Wades, and Johnes his servant, on whom no process had been served, beat and barbarously and inhumanly used a man, wounding him with a Codgell upon the legges, treading of him in the durte, when he came to execute an order of the Chancery to take possession of the land of the said Wades, who stands in his doore & sees all this.

For the first offence Wades was fined 100 marks, and to stande upon the pillorye with oute nayllinge, a paper one [Page 73] his heade, & imprisonmente; and for the other offence, Bedelles 100 markes fine and Wades 100 markes, and bothe to stande vpon the pillorye with papers, & imprisonmente till they put in good suerties for there good abearinge.

See also STAC Wade