STAC 5/C35/37r

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 95-96

In Camera Stellata, coram Consllio ibidem, Mercurij, 24 May, 1598, Elizab. 40, termino Paschae.

Cause of hearing, Richard Callarde, plaintiff, John Paddon, John Cornishe, defendants; [they] were committed for perjury find 100 marks each, pillory and imprisonment.

And the perjury was in this manner, at the Assizes in Devon. [Two other] defendants Eustace Callarde and his wife, and others, came to Serjeant Glanvill for his advice, saying that the father of Eustace Callarde had assured lands in such a form: “Stand forth Eustace & I will give thee, reservinge to mee & my wyfe an estate for oure too lives suche lands, to thee & thy heirs”; and thus they would swear, and not otherwise. Whereupon Glanvill said that it would not avail, but that if they would swear these words: “Stande forthe, Eustace, heere I do gyve thee suche lande to thee and thy heires, reservinge to mee and my wyfe and a state for oure 2 lives,” [it would be sufficient]. And then at another Assizes they swore those words, and on their evidence it was found [in their favour] and judgement accordingly; but afterwards it was reversed in the Exchequer Chamber.

Eustace Callard and Sydwell his wife what convicted of procuring these witnesses to swear these words, and others to countenance the same. And for this they were adjudged to have the pillory, a fine of £40 and imprisonment and it was moved by the Lord Keeper, that every Counsellor at Law ought to be discreet and of good government, for he is called ‘Counsellor, not only to give Councelle, but allso to keep Counselle.’ Also Serjeant Glanville had done well to direct that the evidence was not (p.96) good, if he had stayed there, and had not directed what would serve their purpose; for this caused the perjury. As in the case [of] Lane of Staffordshire, a deed was forged with words sufficient to defeat the Queen of a wardship, which the true deed did not. And also the great men in the counties ought to intermeddle with their own causes and not with other men's businesses, and not to write letters countenancing a cause, or for a juror to appear generally.

Eustace Callarde, John Callarde, Richard Corey, Edmond Bulle, Emotte Bulle, Johan Langbridge, were sentenced, each £20 and imprisonment, for a riot in entering into the house of Richard Callarde, the plaintiff, with force, and taking evidences and other things, which he [Eustace Callarde] re-delivered now by the sentence of the Court.

See also STAC Callard