STAC 5/A56/35r

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 157-158

In Camera Stellata, coram Consilio ibidem, 1532 Mercurij, 20 Octobris, 1602.

Another cause of hearing between Arnolde, plaintiff, against Sir Thomas Lucie and others, defendants, for perjury and subornation.

The plaintiff, being the base (p.158) son of Nicolas Arnolde, claimed and enjoyed certain lands conveyed to him by a deed of feoffment to uses, made by the said Sir Nicolas, to divers persons, with power of revocation on tender of money. The said Sir Thomas Lucie, having married the sole daughter and heir of the said Sir Nicolas, and one [blank] Koke, having married the daughter and heir of the said Sir Thomas, and [being] now Clerk of the Liveries in the Court of Wards and allied to the Master of the Wards, sued in the Court of Wards for the land, and there pretended that the feoffment was revoked and the moaey paid; and the jury being present at the bar for the trial of this, one Clarke deposed that he had received the money, being one of the feoffees, and this is the supposed perjury, and that Sir Thomas Lucie suborned it. But the jury there gave their verdict contrary to the directions given them by the Judge of the Court, being the Master of the Wards, whereupon he made decree against the verdict offered, and stayed it.

And now the plaintiff relinquished that part of his bill which touched the subornation in Sir Thomas Lucie; and as to the perjury, inasmuch as it could not well appear without trial at common law, it was referred to common law; and the plaintiff moved for an indifferent jury, whereupon Surrie was agreed upon for the trial of this at the bar. The plaintiff's Counsel objected greatly to have any other place than the bar in the Court of Wards, but the Attorney said to Sergeant Healle and Phillips that they should forbear to move to cast aspersions or imputations on the Court of Wards, for the Judge there would answer them and justify what he had done. And upon the whole matter Sir Thomas moved to be dismissed and the bill to be withdrawn; but the Court wished to consider about this, and after trial at common law the cause should be sentenced here if they did not determine the matter by the trial; and then the bill shall be withdrawn if there be cause.

See also STAC Arnold