STAC 5/F9/35

From Waalt

STAC 5/F9/35 - B - 37 Eliz - Devon - John Forde v Richard Lawrey see STAC Ford

Transcribed by Helen Good

To the Queens most excellent Majesty

In most humble wise complaineth showeth unto your most excellent majesty your faithful and obedient subject John Forde of Ugborowe in the county of Devon yeoman

That whereas one Phillipp Vasey late of Ugborowe in the same county labourer did sue your said subject in your majesty's court commonly called the Kings Bench and where in Easter term in the six and thirty year of your majesty’s reign declared against your said subject in an action of an assault and battery and wounding at Madbury in the county of Devon aforesaid the tenth day of November in the five and thirty year of your majesty’s reign, to which action one appeared as attorney for your said subject by the name of Buns without the privity consent or knowledge of your sad subject and without being retained by your said subject to be his attorney or any by his means and procurement but as it is likely being of confederacy with the said plaintiff or with the said plaintiffs attorney or counsel and pleaded non sum informatus

Whereupon this said plaintiff in the said action of trespass had judgements, and after sued out a writ to enquire of damages to the sheriff of Devonshire Which writ being executed by one Robert Arrundell, then undersheriff of the said county, and before him, the said Roberte Arrundell, a jury of the said county being returned impanelled and sworn at Totnes in the said county of Devon the five and twenty day of July in the six and thirty year of your majesty’s reign, Richard Lawrey of Ugborowe in the county of Devon aforesaid yeoman, now defendant, being produced as a witness by the said Vaysey or one John Vowell utter barrister in the law and of counsel with the said plaintiff being also the said plaintiff's master And the said Lawrey being by the said Robert Arrundell sworn to say the truth and to give up just and true evidence to the jury concerning the damages hindrance and loss received by the hurt battery and wounding that the said plaintiff had by your said subject the said defendant not having the fear of god before his eyes nor regarding the severity of your majesty’s laws used against false wilfull and untrue oaths But being led with a malicious and ungodly hatred to your said subject and through a wicked affection which he did bear to the said plaintiff or as it may be conjectured at the suggestion and procurement of the said John Vowell or some other by his means or procurement did then and there before that said Robert Arrundell and other your majesty’s subjects falsely wittingly maliciously wilfully and untruly swear and deliver in evidence in manner and form following:

That is to say that your said subject John Forde had stricken the said Philip Vesey upon the face the which blow he would not have taken for twice forty shillings and that said Phillip Vesey did lie the house of the said Richard Lawrey by occasion of the said blow at fortnight and when you said Robert Arrundell did object unto the said Lawrey that this said Phillip Vesey might lie in his said house a fortnight about many other occasions as well as by the said blow the said Lawrey replied and answered, persisting still in his falsehood and untruth, that the said Phillipp Vesey remained a fortnight in the house of the said Lawrey only by reason of the said blow, being not able by reason of that hurt to go forth of the house of the said Lawrey to work during all that time as he was wont to do, being one that lived by his daily labour Thereby inferring that the hurt and wound which your said subject gave to the said Phillip Vesey was so dangerous as by reason thereof he could not nor durst not without the hazard of his life stir or go forth of the doors during the said fortnight By reason of which malicious false wilfull and untrue oath the jury then and there sworn gave great damages against your said subject which otherwise they would not have done none other person then and there giving anything in evidence against your said subject but the said Lawrey to the great hindrance of your said subject.

Inconsideration whereof it may please your excellent Majesty for that if such wilful perjury should escape unpunished it would be encouragement to others to commit the like offences to the great peril and danger and utter undoing of divers of your faithful subjects to grant your majesty's most gracious writ of Subpoena to be directed to the said Richard Lawrey, commanding him thereby at a certain day and under a certain pain personally to appear before your highness in your majesty's High Court of Starr Chamber then and there to to answer to the premises and furtherr to stand and abide such order and direction as shall seem to your excellent majesty to stand with equity and justice.

And your said subject according to his bounden duty shall daily pray to almighty god for your majesty’s long life and prosperous reign long to reign over us.