STAC 5/R15/31r

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 49

In Camera Stellata, die Veneris, 18 Junij, Anno Domini 1596, termino trinitatis, Elizab. 38, coram consilio ibidem.

The cause of hearing between the Lady Russell, plaintiff, and Lovelace and others, defendants, for riot, in this wise the said Lady had imprisoned two men of Lovelaces in her lodge, called the Porters Lodge, adjoining her monastery of [ blank ] , and the said Lovelace came with nine or ten men, with unusual weapons and did breake the doore of the porters lodge, & with an axe breake the stockes and take awaye the prisoners, when the said Lady was at dinner. The cause came to hearing by confession, and the said Lovelace, being a Justice of the Peace, was present at the said riot; and for this he was fined per curiam £40, and imprisonment. By the Lord Keeper: If any one be imprisoned without right and tortiously, no Justice of the Peace may retake him by force on his own account and without bail (if he be bailable); and for such cases there is a writ de Homine replegiando and Habeas Corpus, to remove him to some Court. And in his [the Lord Keepers] opinion, he was not a fit or meet man to be a Justice of the Peace. By the Lord Treasurer: This Lovelace is an ungrateful man, for he and his father are greatly indebted to the said Lady and Sir Edwarde Hobbye, the chief founders of him and his ancestors. When a man comes with a good intention (for Lovelace had answered that he came hoping to moove the Ladye to releasse them & consente to the breaking of the stockes with an axe and the freeing of the prisoners) and does or consents male agere, this is punishable, and is an offence in him.

See also STAC Russell