Declaration was for words spoken against his Bill upon the 17. of October which was in truth words spoke by Harrison after his Arrest to be Bayliff during his detention Upon all these cruelties practised against a poor Servant contrary to all honor as a Gentleman Faith and Truth as a Christian and his Oaths both as Sheriff and Attorney In Michaelmas Term following we complained to the Judges of the Common Pleas who stopped the said Judgment and upon Service of the Rule the said Mr. Clark threatned January saying He had done with the Servant and woul'd now begin with the Master I offering appearance the said Mr. Clark refused saying He would Sue me to the Outlawry notwithstanding the fourth of Jan. following I was Arested by him The matter being that I had not paid him for soliciting the forementioned Cause of Mr. Burnap and the Butcher I had many Months before sent him 10 s. for the Subpoena which was all that he had done saving the trouble and charge he had given me in many journeys to London to retrive his prevarications he accepted this mony never objected against it as too little gives no demand or bil of particulars yet now declares for his Solicitation more truly called Sophist There being now three Actions on foot in Hilary following we complained of all these Vexations to the Judges of the said Bench who committed them to Mr. Pinsont then Prothonotary who reported as followeth Having examined the matter referred to me Februa I humbly certifie that upon Examination I find by the Oath of Marm. James that neer 3 weeks after the date of the Warrant upon which Harrison was Arrested the said Marm. James searched the Philesors Office for Hartfordshire and no Writ was taken out at the Sute of the Plaintiff Prat which also is certified under the Philesors hand By the said Mr. James his Oath I find that in Easter Term last about the 29. day of April the above named Mr. Nicholas Clark who as Attorney managed the Cause for the Plaintiff though Vnder sheriff of Hartfordshire did promise to make peace between the parties and end the matter speedily yet in Trin. Term Judgment was entred the Plaintiff being a Minor not admitted to prosecute by his Procheinamy though in the Declaration it is inserted that he is Specialiter admissus which was also certified from Mr. Farmers Office I find by the Oath of the Defendant Harrison that he having heard of the Judgment to prevent farther charges used means to compose the difference and thereupon it was agreed he should pay the charge of the Sute the Bill of which he received the 10 of October last seven days before the Writ of Inquiry waa executed I find also by the Oath of the Defendant Harrison that he offering to bring away the Bill to be advised upon the said Mr. Clark threatned him with a new Arrest and afterwards upon the 17. of Octob. the Defendant was Arrested at Mr. Clarks own Sute and kept Prisoner for the space of three hours and in the mean while the Writ of Inquiry was executed as the Defendant was afterwards inform'd and no notice given to the Defendant or his Attorney The Writ of Inquiry and Judgment was stopped Mich. Term last by Rule Mr. Clark hath declared at his own Sute against Harrison for words supposed to be said of him concerning the said Bill of Charges I find that the Bill of Charges amounts to 2 l. 12 s. 9 d. as it was delivered to the Defendant of that over and besides just Fees 12 s. 6 d. besides 6 s. 8 d. which he charges for attending the Writ of Inquiry before it was executed Upon the examination of part of this report the Bench all rising up more than once declared Mr. Clark did highly deserve to be thrown over the Bar and for less than half what he had done others had been so punished But I not suffering the Councel to move much less to insist upon the Severity and Mr. Clark submitting himself upon his knees they ordered that both the Sutes against Harrison should be taken off and the charge of both the Servants Plaintiff and Defendant laid upon him the said Mr. Clark and 5 l. to be paid Harrison for his unjust disturbance Farther commanded the said Mr. Clark to pursue what he moved viz. that the Sute of the said M. James should be referred to the Genlemen of the Countrey and so charging him against these vexatious ways left him to his good behaviour I divers times sent my Servant to him touching the said Referrence March but could hear nothing from him though I offered to refer my self to the two Gentlemen of Mr. Clarks own nomination at London in the day of his distress vix Mr. Field and Mr. Winch but he neither seemed to meddle in the Action or Arbitration 1668. but all at present amort Save that in June following his spirits so far revived as to inform the Crown Office against the poor Servant Harrison forgetting what he had said ere while that he had done with the Servant c. the Copy whereof as 't is upon the File is this Sir Thomas Fanshaw I pray you exhibit an Information against John Harrison Labourer for an Assault upon Francis Prat jun. done about the 15. of April 1667. at Aston and I will prosecute the same Nich Clark Norton June 9. 1668. This is the same business that he was upon his knees for and so narrowly escaped the Bar but in February before to this Harrison appeared and then pleaded expecting Mr. Clark Prosecution to Trial as his note promiseth to the Master of the Office upon which waiting almost the space of five years in vain being not able to try it by Proviso Octob. 24. last took out his discharge But to return to Mr. Clarks Cause with me that had now got heart by above a Twelve-months fallow by which time also through death 1669. and removal the Bench of Common Pleas was almost altered into oblivion of him and his submission the first action April and my appearance to it was waved and the same thing according to the former threats revived for I was as the then Under-Sheriff informed me neer Sued to the Outlary still without Original which I superseded in Easter Term following and leaving London and my Cause with my Attorney to plead Non assumpsit the next Term who being dealt withal Mr. Clark can best tell how pleaded nothing at all so that Judgment passed by default which was some Terms afterwards overthrown by Writ of Error Mr. Clark much flesh'd with this defeat resolves to make it a total Rout and therefore according to the time of the year he useth to accuse in viz. June a month much to be observed for Midsummer-Moon possibly she too then in Aries he is much bent for the Crown Office where he now informs against me in these words June Sir Thomas Fanshaw I pray you exhibit an Information
aforesaid Subpoena which Mr. Clarks perswasions kept from destruction so long before he replyed by Letter dated January the one and thirtieth 1666 that I need not trouble my self below when there was nothing acted above My jealousies not acquieseing in this answer repaired to London where I found an Attachment out upon the said Subpoena with which acquainting Mr. Clark then become Under-Sheriff and knowing how ill I was dealt with things being under referrence and delay on that side desired that he would suspend any Warrant upon the said Subpoena till I could apply to the Barons for that remedy which he had before so unhandsomely hindred to which he answered that I might be assured what he could either in publick or private capacity do for me April Notwstanding granted a Warrant the Execution of which came without teeth no thanks to Mr. Clark a few days after my Application to the Barons which was the first day of Easter Term being April 24. who forthwith made an order to the Remembrancer to examine and report the truth of my Complaint within seven days Mr. Burnap being sent for appeared April 28. following with the aforementioned Councel also Mr. Bab and Mr. Clark Mr. Burnap very ingeniously acknowledged all the four grounds of my complaint but his Councel and Attorney Bab denied all the Suggestions in Mr. Clarks Letters which the said Mr. Clark did not in the least defend to his great amazement that sometimes had known words but never Letters eaten before The Remembrancer declared that the report must be against Mr. Burnap but I being very desirous to manifest a peaceable disposition towards him as a person seduced into these unquiet practices besought the said Remembrancer that laying aside the report as the Barons had committed the Examination so I the determination of the whole business to him which after some time associating Mr. Burnaps Councel with him he was prevailed with to undertake and all things in about the space of an hour concluded The unhandsome Results of this first Precedure are Seeing that Mr. Clark did both put himself into the imployment and Mr. Burnap into the Subpoena besides my intention he seemed to be more obliged to the honest prosecution of it especially seeing the said Mr. Burnap would vexatiously proceed after the said Butcher with his consent and I believe from his purse had agreed and paid the Debt Certainly Mr. Clarks civility had been either to have put in my Bill which was signified as my first desire or at least stopt their Subpoena or not delude me with a pretended stoppage or not have hindered the reversing the said Subpoena while young under colour of Mr. Babs promises Farther Seeing under reference such foul play as to proceed to Attachment which he secured me against by Letter dated Jan. 31. 1666. and respecting his promises as Sheriff in the said Letters he should have been very tender of granting the said Warrant but seeing that snapped me not before the Term as intended Mr. Clank upon the hearing should have stood both by his said letter of the 23. of June to have proved the Subpoena as well as the Attachment collusive respecting the agreement of Mr. Burnaps Councel with him as also the promise of the said Mr. Bab to him which was utterly denied both by Bab and the said Councel before the Remembrancer Peace being made that night my Servant Harrison comes up with complaint to me yet in London that he could not follow the work ordered him in my absence by reason of a Warrant granted from Mr. Clark the tenth instant and had narrowly escaped Arrest I urging this unkindness upon Mr. Clark to his Clyent that his Boy that whips the horse should be Plaintiff against his other Servant that holds the Plough the Master being not worthy to be acquainted before the grant of the Warrant nor afterwards though I had been many times with him that Term at his Chamber Mr. Clark pretends importunity to the act and forgetfulness in the discovery but promises to make peace at his coming down the matter of this Sute being that upon Easter Eve the sixth of that instant April the said Harrison conceiving himself much injured by Frances Prat a story too long here to relate took him by the coller and threatned to strike him if so abused by him again This coming to Mr. Clarks ear on Tuseday in Easter week a Warrant was signed upon Wednesday the tenth as afâ—â—â—said 'T is not unknown that Offices are shut in the Holy-days and if open it was not probable that an Original could be had to ground Wednesdays Warrant upon the Tuesdays complaint Upon the 29 of the said April viz. 19 days after the grant of the said Warrant I search'd the Philesors Office but would not discover the Attorneys Name though much importuned to it by Philisor himself being disposed rather to find the bottome of Mr. Clarks intentions than to expose him to so great a damage as upon it would insue August All the Causes of Hartford-shire searched with concealment of the Attorneys name and no entrance found this my confidence upon Mr. Clarks promises was confirmed and that the Arrest was rather a Scare-crow than any intended prosecution at Law till towards the end of Harvest following we heard Judgment was entered the Term before which seemed the more strange not only in relation to the want of a new Original and Mr. Clarks promise but also that an Arrest in the middle of Easter Term should arrive Judgment in Trinity following and not so much as a Declaration given to the Defendant in the interim September All means of peace was used by Arbitration c. but evacuated by Mr. Clark as upon good grounds we have reason to believe too long here to relate till at last the Boy was perswaded to release the debt paying the Costs of Sute But Harrison finding Mr. Clarks Bill double to what he was informed he ought to pay and detaining it craved time to advise upon which Mr. Clark called to his Servant for a Writ to Arrest him again so quick is Mr. Clark at his Law The Defendants Attorney being informed of the unreasonableness of this Bill with the various expences already occasioned by the Defendants troubles as also that the opinion of Serjeant Manard Mr. Conniers and others were for him advised him to attend upon Mr. Clark him at the County Court sitting at the Swan in Steavenage October October 17. following to make tender of 20 s. to take off the Judgment and accept a Plea that they might go to Trial but no sooner was Harrison come into the Inn yard than Arrested at the Sute of Mr. Clark this also again without Original and kept Prisoner for the space of 3 hours upon Bond Bayl while the Writ of Inquiry was executed in the sight of the poor man not suffered to speak a word for himself the matter of this Arrest as appeared afterwards by Mr. Clarks
of Perjury against Marm. James Clerk and this shall be your Warrant witness my hand June 28 1669. Nich. Clark Norton This Information is grounded upon my first Affidavit that stopt the Judgment against my Man Harrison the true copy whereof followeth Marmaduke James of Aston in the County of Hartfored Clerk maketh Oath that he this Deponent having been informed that there was a Warrant out from the Sheriff for Arresting the Defendant John Harrison this Deponents Servant did in or about the 29. day of April last repair to Mr. Nich. Clark then Vnder-sheriff of Hertford-shire who as this Deponent is informed acts in this Cause as Attorney for the Plaintiff in the name of another and declaring to the said Mr. Clark a dislike of his proceedings against the Defendant at the Plaintiffs Sute the Plaintiff and Defendant being then both Servants to this Deponent the said Mr. Clark advised this Deponent to make peace between them which if he this Deponent could not effect the said Mr. Clark affirmed he would do it when he should come down into the Country or to that effect notwithstanding about the sixth of May last in Easter Term the Defendant was Arrested and forced to retain Mr. Draper an Attorney of this Court to appear for him the matter in question being about a Stroke or Assault pretended to be given by the Defendant Harrison to the Plaintiff Prat being a Boy under the said Harrison in this Deponents Service and this Deponent had not notice of any proceedings at Law in the business untill after Trin. Term last and then had notice that Judgment was entered against the Defendant by non sum informatus Vpon which Judgment this Deponent is informed a Writ of Inquiry is executed without due notice given to the Attorney for the Defendant which he this Deponent verily believeth to be true for that Mr. Draper the Defendants Attorney did not above three days before the Writ of Inquiry was executed acquaint this Deponent that he had not due notice of the time of the execution of the said Writ of Inquiry and this Deponent farther saith that he hath caused search to be made in Mr. Farmers Office and cannot upon search find there is any admittance of a Guardian or Procheinamy for the Plaimiff although he be a minor and although that the Plaintiff does pretend that there is a Guardian or Guardians specially admitted by the Court for that purpose this Oath was made October 25. 1667. Upon this Affidavit Mr. Clark informs That I having not God before mine eyes but by instigation of the Devil moved and seduced did falsly maliciously voluntarily and corruptly speak depose swear and make Affidavit that Francis Prat was my Servant whereas in truth and in fact he was not my Servant at the time of the aforesaid assault that then indeed and in fact I had notice of all the Process at Law against Harrison which is denyed in the Affidavit 1667. Of this I knew nothing till about 12 months afterwards by accident a friend of mine heard Mr. Burgaine then Under-Sheriff with Mr. Clarks assistance in the Office inquire of Mr. Ward Attorney for Hartfordshire in the Crown-Office June Mr. Grâ—â— of Clements-I whether there was not a Capias out against me and upon the 14. of June following still under the same unlucky and accusing Moon Mr. Clark did send down a copy of Articles to the Commissaries Court sitting then at Steavenage June 14 in which was amongst other things of like truth inserted that I was guilty of Perjury for which I stood Indicted in the Crown-Office A while after I was cited to the Court to answer the said Charge August where after matters had depended for above the space of 12 months to my great disgrace and no proceedings upon them to vindicate my self from the aspersion in Michaelmas Term I did bring it by way of Proviso to Tryal in Guild-hall In order to which being come to London upon the 26. of October viz. five days before the said Tryal by accident heard I was excommunicate for want of Appearance which I had performed by my Proctor 12 months before Mr. Clarks design being I suppose to stop my mouth wherein he was defective in his Law for though it be true I brought on the Tryal yet was I still but Defendant in Court against whom Excommunication was no bar however I thought it inconvenient to stand so upon what pretence soever and therefore the next morning applying to the Judge of the Arches was absolved by him and received a Citation for Mr. Clark thither where he now is and we still leave him to make good the said Excommunication October The Tryal was upon the 31. of October before Sir Matthew Hale Lord Chief-Justice of England who having perused the Record stood up and declared that the Oath therein contained he did believe was a true Oath and somewhat possionately inquired after the Informant what who where he was to which no answer being given after Proclamation made with much ado one appeared for Mr. Clark who had absented himself which is the more be observed that since he was upon his knees in the many bickerings I have had with him he has ever shunn'd the face of a Judge the matter in Alligation was that I confest in my Affidavit that Harrison was Arrested and yet I knew of no proceedings at Law Methinks Mr. Clark should have considered that as the Arrest was confest so it must be understood as the entrance into and not proceedings at Law The Judg throwing this off as frivolous demanded if they had any proof to which was replyed no. The Jury gave it at the Bar and my Witnesses Harrison and Prat who might very well have evidenced the Boys service when the pretended assault was being upon Easter Eve almost the middle point of that Year where in he served me returned home again unsworn â—â—â—tember After this Tryal I ordered my Attorney to file a Bill against Mr. Clark for dammage who sending his Servant Mr. Brooks to him promised to plead so that things should be in forwardness against Hillary following when Mr. Clark refused to stand to his word a practice I am told somewhat usual with him that well knows words are but wind so that the said Brooks was forced to make Oath before Judg Wild to constrain him to plead or be fore-judged the copy of whose Affidavit bears date the 31. of Jan. last â—â—nuary 1672. Having now got Mr. Clark sure it was time to have perusal of the Declaration wherein being very much unsatisfied I repaired to Councel above upon whose advice and my motion the Bench made a Rule that I should have liberty to amend it May. and Mr. Clark still bound to plead but here he gave me the slip and I knew not how to collar him again seeing that all the Law can do is but to convict the person as guilty and make him