STAC 5/S36/39r

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Case Book BL Harley MS 2143 fo. 20v.

£100 cost £100 damages to be paid by the plaintiff for wrongful vexation. Hugh Smith, plaintiff; Sir John Young: for maintenance, oppression, falsifying of depositions, perjury, riot and other misdemeanors whereof no proof being made, the court adjudged the plaintiff to pay the defendant being a knight and a justice of peace £100 damages, £100 costs and £100 fine to the King and to make submission at the assizes.

Michaelmas 23 Elizabeth

(kk)


Case Book BL Harley MS 2143 fo. 38v.

A justice of peace for bailing a prisoner alone committed to the gaol for felony for granting supersedas to discharge a warrant of the peace. An undersheriff and his bailiff for extortion and undervaluing, &c. Costs to a defendant acquitted upon a several charge. Hugh Smith, plaintiff; Kenn: charged with supposed perjury, maintenance of pirates, buying of their goods, straying and taxing of certain persons beyond order for the service of the Queen, for dismissing of a felon, confessing himself guilty for extortion being High Sheriff of the county of Somerset of which offences the plaintiff made no proofs and therefore the defendant was discharged thereof but being likewise charged with a misdemeanor in bailing a prisoner of himself alone being committed to the gaol for felony and taking bond of the prisoner for the peace only with two sufficient sureties for granting a supersedeas to a man, in discharge of a warrant of the peace, and binding the offender colourably to the same offender’s friend whereby he might procure his discharge at his pleasure, for this offence he was fined 40 marks, Fleet. And Thomas Kenn for extortion done by colour of his office being under sheriff and Thomas Parsons one of his bailiffs did corruptly extort diverse sums of money, corn and grain of diverse men to forbear to empanel and return them upon attaint and in their places did directly return disable men upon the same panel for attaint and the said Thomas Kenn was likewise charged that having distrained cattle by a writ of withernam sold the same cattle unto his friends at an undervalue and yet detained the money in his own hands from the party grieved; for which several offences they were also adjudged to pay for a fine vizt Thomas Kenn, £40 and Parsons £10 and to make double restitution in open assizes to the parties of whom they had received such moneys, Fleet; and for that the plaintiff make no proofs against 4 other defendants charged with perjury only wherewith the other defendants counted were not charged wherefore the court dismissed with such costs as the Lord Chief Justice should assess in their behalfs.

Michaelmas 23 Elizabeth

(kk)


Case Book BL Harley MS 2143 fo. 38r.

Misdemeanor in a justice of peace punished for the like case by a plaintiff no party grieved. Smith, plaintiff; Sir George North and Christopher Kenn, defendants: justices of peace charged with concealment of felony, falsifying of depositions, subornation of perjury and alteration of verdict for granting of blank warrant which was adjudged no offence in them for not certifying recognizance by them taken for appearances at the sessions and for wrongful imprisoning of two poor women his neighbours in his own case of which two last offences they were only convicted and fined at £20 a piece and Sir George for imprisoning the two poor women £10 fine and Fleet and acquitted of the other offences for that some were pardoned and other some not proved and the party in this case no party grieved.

Michaelmas 23 Elizabeth

(kk)