STAC 5/E10/18

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STAC 5/E10/18 - B - 39 Eliz - London - William Etheridge v Roberte Jobson, Allen Prickett, Gylberte Lyghtefoote, Thomas Barraclove, Leonarde Smythe Stephen Bateman, Lawrence Crowder, Edmunde Hawkes, John Craven, Rycharde Jackson, John Haywarde, Nicholas Hodgeson see STAC Etheridge

Transcribed by Helen Good

To the Queens most excellent Majesty

In most humble wise complaining sheweth unto your most excellent majesty your faithful and obedient subject William Etheridge of [blank ] in the County of [ blank ] yeoman That whereas one Edward Baxter, the four and twentieth day of August last past, at Barthelimewe Fair last past, did in the open fair and market in or near Smythfield in London absolutely sell unto your said subject sixteen yards of woollen cloth called Northern Karsey. For the which your said subject did presently pay unto the said Edwarde Baxter fourteen shillings in ready money. After which bargain so made and money paid and were still remaining in the shop of the said Edward Baxter, by the mutual consents of them both for a small time, Your subject not long after the said contract so made in the same four and twenty day of August last past, requested the said Edwarde Baxter to deliver to him the said sixteen yards of Karsey, which he refused to do, But afterwards did very unjustly convert the same to his own use, refusing to make to your said subject for the same wrong. Whereupon your said subject caused the said Edwarde Baxter to be arrested into the Court of Pypowders holden for the same fair the said four and twentieth day of August last past, And upon the same arrest your said subject in the said Court holden before John Fuller and John Smythe esquire, did make his declaration to this effects viz. that he the said William Etheridge, the four and twentieth day of August, in the nine and twentieth year of your highness reign in the parish of St Bartholomew within the jurisdiction of the said Court was possessee of sixteen yards of woollen cloth, called Northern Karsye, as of his proper goods and chattels and so being thereof possessed afterwards casually lost the same which goods and chattels did afterwards come to the hands and possession of the said Edwarde Clarke, who would not deliver the same unto your said subject, although he was often times thereunto required but kept the same, so negligently as that they became of no value unto your said subject, to his da[ma]ge of [10s] whereunto the said Edward Baxter pleaded the [. . .] issue, not guilty, For the trial of which issue, Roberte Jobson, Allen Prickett, Gilberte Lyghtefoote, Thomas Barroclove, Leonard Smythe, Stephen Bateman, Leonard Crowder, Edmunde Hawkes, John Craven, Richarde Jackson, John Haywarde and Nicholas Hodgeson were then and there impanelled, and sworn.

Now so it, if it may please your most excellent majesty That albeit your said subject did sufficiently prove unto them the said jurors in open court, before the said Judges by the testimony of divers persons of very good credit that the said Edward Baxter did sell the said sixteen yards of Karsey, unto your said subject, and that your said subjects had paid him fourteen shillings for the same, and that your said subject was possessed of the said Karsey, and that the defendants obtaining the possession of them, did see that the same as that it became of no value, to your said subject, and that in such full and sufficient sort as that the said judges of the same Court, being men of great learning and credit, did give direction to the Jury that they were to find for the plaintiff without any diff[. . .] yet nevertheless, they the said Roberte Jobson, Allen Prickett, Gylberte Lyghtefoote, Thomas Barraclove, Leonarde Smythe Stephen Bateman, Lawrence Crowder, Edmunde Hawkes, John Craven, Rycharde Jackson, John Haywarde, and Nicholas Hodgeson, not having before their eyes the fear of god or regard of your highness laws but being moved and presently corrupted by the sinister subornation and practises of the said Edwarde Clarke, and partly seduced by reason of the great affection which they did bear to the said Edward Clarke, did contrary to the evidence given them on the behalf of your said subject and contrary to the truth of the cause manifestly proved to them in open court, find and give up their verdict for the said Edwarde Baxter, against your said subject, And although, it were told them, by the said Judge, That they should answer that their great contempt to Justice and offence of perjury by them committed in the Star Chamber yet they nothing regarding the same, would not talk better advice to alter their verdict, therein committing most manifest, wilful and corrupt perjury, Whereupon the said Judge gravely considering that although the value of the matter in controversy were but small, yet the dishonour of god, and the contempt of law and justice and the falsehood in the said Jurors was as odious and hateful offence and as sharply to be punished in them, as if the matter had been of more moment, Did in their good discretions bind the said Jurors to appear before your majesty’s Council in the Star Chamber.

In consideration whereof and for that the same perjury, doth greatly tend to the violating and subverting of your highness good laws and to the dishonour of god and hindrance of Justice, And likewise to the dangerous example of emboldening and encouraging other of the like persons to commit the like offence, if speedy remedy herein shall not be had and due punishment provided and executed for such offences. May it please your most excellent majesty to grant unto your said subject, your highness writ of Subpoena to be directed to the said Robert Jobson, Allen Prickett, Gilberte Lightfoote, Thomas Barroclove, Leonarde Smythe, Stephen Bateman, Leonarde Crowder, Edmunde Hawkes, John Craven, Richarde Jackson, John Haywarde and Nicholas Hodgeson, commanding them and every of them thereby, at a certain day and under a certain pain, therein to be limited personally to appear before your highness Council, of your highness Court of Star Chamber then and there to answer the premisses, and further to receive such punishment and order herein as to your highness Council of the said Court, shall seem meet and convenient, And your said subject, shall daily pray to god to grant unto your majesty a long happy and most prosperous reign over us.