STAC 5/M39/1r

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 42-43

In Camera Stellata, 19 May, Wednesday, Eliz. 38, Easter Term [1596].

There was a case of riot and maintenance, crossebilles, Marbery against Clarke, Fishe, Jolde and others, of Barkeshire. Phillippes and others for Marbery, Serjeant Healle and Hitchecocke for Clarke and the others. The manner of the riot was in a warrenne of Cunnies, belonging to Marbery, which he held of the Queen. Clarke and others of the town pretended there was a custom to kill conies there, and this they did. Marbery coming to them, they delivered to him the Sheriffs warrant by one of his men, and he [Marbery] tore this, (which was greatly disliked by the Court,) although they told him that it was a warrant for his arrest; and afterwards they delivered another warrant to him, and so arrested him. Indeparting from them, he was struck and beaten and wounded with long pike, staffe, bowe and arrowes, sworde and tarket, &c.

Whereupon a cry was raised by the women, as Marbery was being carried to his house wounded, and his men coming [Page 43] up, he said "Kill them, kill them; "which speech the Court considered proceeded from choller & paine. And so per sentence curiam Clarke and Fishe were each fined £20 with imprisonment. The Lord Keeper differed from the whole Court in his sentence, in aggravating the punishment, though this did not alter the sentence, as he said. He condemned the riot the more for the arrest, because they made the Queens writ a colour for the execution of their malicious force; and the Sheriff was greatly blamed because he gave notice to Marbery of the writ against him, and then took his promise for his appearance, and did not arrest him, contrary to his oath. Hitchecocke was sharply rebuked all day by the Lord Keeper, with such words as these "you must goe to schoole to learne more wytte, you are not well advysed, you forgette your place, & to be plaine, it is a lye" and this because he enforced certain things contrary to, or not agreeing with, the depositions, and very often he enforced matter which he conceived to make for him, but which was considered by the Court to be contrary to, and against him. And it was adjudged that it was not maintenance for one person to prosecute a cause in the name of a town.


Case Book Harley 2143 fo. 57r

A fraudulent conveyance and publishing thereof punished according to the statute 27 Elizabeth. Marburie, plaintiff; Fish et al: for publishing of a fraudulent conveyance that the plaintiff being possessed of a close for 8 years at £10 yearly rent and the Earl of Leicester buying the inheritance thereof and the defendant Fish compounding with him for the inheritance thereof and the said Fish taking his assurance thereof in the name of one Godfrey his servant did bargain and sell the same to the plaintiff and agreed that the plaintiff should have his assurance from the said Godfrey and he received of the plaintiff the whole money and yet afterwards some fortnight before the said Godfrey did assure the lands to the plaintiff the said Fish procured the said Godfrey to assign it over to him the which he concealed and suffered the plaintiff to enjoy the said lands until after Godfrey and the plaintiff were both dead and then published the said conveyance; the deed adjudged to be void and fraudulent and £40 fine and punished according to the statute, the bill being laid directly upon the statute of 27 Elizabeth. Michaelmas 36 Elizabeth (kk)

See also STAC Marbury