Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	say_a	tenant_n	tenement_n	2,059	5	11.5861	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49678	The late famous tryal of Mr. Hickeringill, rector of the rectory of All-Saints in Colchester, and author of The naked truth, the second part with an information exhibited against him for barretry, in XXIV articles : to make good the charge against him at the suit of the King, as in course, but really, prosecuted by one Maltcher, and one Morris, a proctor in the spriritual courts : at the assizes in Nisi Prius held at Chelmsford, March 3, 1680 before Mr. Baron Weston : where and when he was accused, amongst other things, for writing the said book called The naked truth, the second part.	Hickeringill, Edmund, 1631-1708, defendant.	1681 (1681)	Wing L547; ESTC R9853	15,421	21

strike Princes upon the Throne and the Reverend Judges upon the Bench and tho her Neck be sometimes broke yet she 's an Hydra and revives The following Verdict for Mr. Hickeringhill has broke her Neck and made an end of all those slanderous Clamours which to give colour unto the Conspirators against him have rak'd into all the Actions of his Life for fifteen years last past wherein he had any considerable dealings with any Man And as the Waters of a City clean and unclean disgorge and disembogue themselves into the great Sink and Common-Shore And as all the little Diseases nay all the Humours of the Body good and bad in time of the Plague turn to the Pestilence So all the late Actions that Mr. Hickeringill has done or Books that he has writ except Curse ye Meroz you will find here jumbled together by the malignity and pestilential Malice of his Adversaries to make up this filthy and plaguy Crime of Barretry A Crime that not one of a Thousand knows what it is but it will serve and has serv'd to make an ugly noise withal Barretry Barretry If one Man call another Whoremaster or a Woman a Whore and if he was neither Bolster nor Pillow and cannot prove it this is Barretry If a Man writes a Book or tells false News to the prejudice or hurt of any of the Kings Subjects this is Barretry and in a thousand Particulars more so that they be frequently done for twice or thrice will not do the Feat Men may be indicted for Barretry or else if his Adversaries like the Defendants Adversaries be Purse-proud and mighty and dare venture the hazard of being overthrown for it will ruine the Informer if the Defendant be acquit and the Pit that he dig'd for another he must fall into himself then an Information in the Crown-Office is the Mode like this which follows An Impartial NARRATIVE OF THE Most Remarkable Passages in the Tryal of Mr. Hickeringill for Barretry March the 3d 1680. At the Assizes of Nisi Prius held at Chelmnsford for the County of Essex before Mr. Baron Weston GReat was the Expectation great the Concurrence great the Hopes the Noise and the Confluence at this so-much-talk'd-of Tryal The Illustrious Duke of Albemarle upon the Bench by the Judg whether by accident or on set purpose is not enquirable at present Old chattering there was by all the Vermine old clapping of Wings and hooting at this merry Day a Day that promised a wonderful Conquest What said some shall this daring Man this Common Barreter ever hereafter find any more faults in Ecclesiastical-Courts in Bishops Arch-Bishops and Arch-Deacons In Proctors Sumners and Registers In Advocates Doctors and Apparitors and such harmless Men Shall we lose our Moneys for Commutations of Penance and Excommunications Sentences Decrees and Absolutions Citations Libels and Visitations Synodalls Sequestrations and Produrations And yet shall he that wicked He that has done our Business escape or imagine to escape Scot-free No no his Business shall now be done and wee 'l answer the Naked Truth with a Vengeance Listen to the Charge or Information of Barretry The Heads of the Charge against Edmond Hickeringill Clerk for Barretry exhibited by Samuel Astry Feb. 14. 1680. IMprimis For purchasing Lands and Tenements of one Westenraw in Bradfield and Wix in Essex the said Defendant Hickeringill knowing that divers Sults and Pleas were then depending for the same and Westenraw being out of Possession and for maintaining divers Suits about the said Lands 2. For purchasing divers Lands and Tenements of one Elizabeth Blois and others in Thorp Kirby or one of them in Essex the said Defendant Hickeringill knowing the said Elizabeth being then out of Possession and for managing Suits about the same 3. For purchasing divers Lands and Tenements in Thorp and Kirby and Much Clacton or one of them of Ford and his Wife and Blois and his Wife being out of possession the said Defendant then knowing that divers Suits and Pleas were then depending for the same and maintaining Suits about the same 4. For stirring up and maintaining divers Suits against one Petfield Hill Everet and Freeman all of the Town of Colchester with an intent only to extort Mony from the said Parties and to ruin them and to put them to trouble and charges and giving a Bill of Charges under his own Hand and demanding five pounds for Charges when there was not ten shillings due 5. For publishing scandalous Libels against Sir John Shaw Thomas Talcot Esq William Moore Esq Jonathan Merry Gent. and others being then Magistrates in Colchester 6. For extorting by Threats of Suits at Law without any just Cause great sums of Mony and Bonds and other Writings for payment of Mony from Tho. Shortland and others 7. For concealing the last Will and Testament of Andrews delivered to him being a Surrogate made to prove the same which occasioned divers Suits to be brought about the said Will which Suits the Defendant maintained 8. For bringing vexatious Suits without any probable Cause in his own Name against one Killingworth letting them fall only to vex and trouble the said Killingworth and to put him to Charges he himself being protected 9. For maintaining divers Suits in anothers Name against one Sadler his Servants Agents and Tenants 10. For stirring up and procuring divers Actions of Ejectment to be brought against one Wheely of Colchester on the Demise of Mary Living and solliciting the said Causes and maintaining the said Suits at his own Cost and Charges the said Defendant then knowing that the Lessor of the Plaintiff had no Title to the Premisses and that several Verdicts had passed before the Commencement of the said Actions for the Defendants Title 11. For the purchasing Lands and Tenements of one Rolph who was then out of Possession and divers Suits and Pleas were then depending for the same and maintaining divers Suits about the same 12. That the Defendant being Surrogate did grant Administration of the Goods of one Shortland to one Shortland the Defendant then knowing that the said Shortland had made a Will but before he would grant the said Administration he forced and compelled the said Shortland to give a Bond to one Sewell to the use of himself the Defendant for payment of a great sum of Mony and did promise to maintain any Suit that should be brought against the said Shortland by reason of his being Administration 13. For bringing and maintaining several Suits in the Exchequer against Luke Benny Robert Car and others for Tythes within the Parish of St. Peter in Colchester without reasonable and probable Cause with a Design to oppress the said Parties and unjustly to extort sums of Mony from them where none was due and by false Suggestions extorting sums of Mony from others John Beacon Mr. Langley and others upon pretence of Tythes due to him whereas none was and the said Persons were after compelled to give satisfaction to Mr. Thomson Vicar of the

Years and that he together with the Mother of the Son and Heir of one Peter Sadler did perswade the Tenant of the Premises to turn Tenant to the said Widow in the right of her said Son which the Tenant did knowing or believing it to be right and just and that there was afterwards an admittance of the said Heir to the said Lands being Copy-hold by the Lord of the Mannor and 25 l. paid down in Court for a Fine in part and 15 l. more was to be paid in full and that there was a Tryal at the Assizes for the said Land and the Right was found to be in the said Widow and her Son who enjoy the Premises to this day Whereupon the Judg in much indignation interrupting him said What is all this to the Matter in hand charged against the Defendant Mr. Hickeringill Did he perswade you to take possession Earl replied He could not say that but he believed Mr. Hickeringill had some Mony of the Widow Sadler but he had almost forgot how much or for what the Mony was paid unto him Then the Counsel for the King produc'd a Receipt of 15 l. under Mr. Hickeringill's own hand which was read namely for part of the Fine due as aforesaid to the Lord of the Mannor for a Fine for the said copy-hold-Copy-hold-Lands which put the Judg again into a Fret that they should make such a-do and Circumstance for nothing and thereupon the Judg bid them go to some other Article if they could thereby prove that the Defendant had done some Dammage according to the Information or Detriment or Injury by way of Maintenance or Barretry to any of the King's Liege People A heavy Toss there was then amongst the King's Counsel which Article of the 24 to insist upon to make good their grievous Charge and some named the 23 some the 18 some the 13 at last with much a-do it was agreed to urge the 10 th Article which they did and called their Witnesses thereunto but so unsuccessfully that the Cause began to cool and they were all at a loss which Article should next be improv'd to prove the Charge For they produc'd to prove this a Fellow that could make a demure long Prayer as well as a thumping false Oath one John Wheely of the Town of Colchester Brazier in the Article mentioned and he swore home or as we say through an Inch-board against Records swearing That he had had divers Suits at Law for the Premises with the said Mary Living in the Article mentioned and he always got the better of her and recovered both at Common-Law and in Chancery What 's this to the purpose said the Judg Did the Defendant bear the Charges of the Suit by Maintenance to have part of the same when recovered No quoth Wheely I cannot say that but only that he once gave me a Subpoena out of Chancery where she was Plantiff against me What said the Judg to the Counsel are these your Witnesses to prove Barretry against Mr. Hickeringill only for delivering a Subpoena for shame go on to something that may stick upon him Whereupon the Defendant produc'd an Exemplification under the King 's Broad Seal of England to prove that the said Wheely was a perjur'd Wretch in Swearing that he always recover'd and got the better of the said Mary Living at Common-Law and Chancery for the Premises whereas in truth the said Mary Living had a Verdict against the said Wheely for the Premises at the Assizes for the County of Essex before Judg Keeling John Robinson Attorney for the said Mary Living Plantiff Lessor and one Richard Tiplacts Plantiff Lessee in Ejectment and Attorney for the said John Wheeley Thomas Ruse of Colchester the Exemplification beginning Carolus Secundus c. and concluding J. Vaughan apud Westm 30. Novembris Anno Regni Regis vicessimo primo Wyrley But the Judg said there was no occasion for reading it at that time for Wheely had swore nothing of harm that the Defendant had done for in the first Instance Article 9. all that could be gathered was rather to the honour of the Defendant in helping an Infant and an Orphan to an Estate of which she was unjustly deprived and now in endeavouring to help a Widow to an Estate that once she recover'd and had a Verdict for and very angrily took up the King's Counsel and bid them go to something that might stop the Defendants Plea of his Innocence for the Defendant all the while with chearful Countenance smil'd to see them so angry and passionate one with another in keeping such a-do for nothing After a great puther it was unanimously agreed by all the Learned Counsel that the twelfth Article should next be urg'd and to prove it they brought two Bum-Bayliffs Thomas Martin and John Groom of Colchester Rascals that be too much honour'd by naming of them but the mischief was they were too hot in their mettle and swore too home for they swore that the Defendant granted an Administration to Thomas Shortland in the Article mentioned being Surrogate of the Court but that also he refused to grant the same till Shortland had first entred into Bond to pay him twenty Guinies These Fellows did the Business for which they came and disgrace enough it was to the Defendant to take 21 l. 10 s. for an Administration when in the Naked-Truth he finds such fault in the Registers for taking so many Shillings for an Administration Great hopes and jollity there was in the whole Court when these pregnant Testimonies were produc'd which were thought unanswerable and the Judg demanded of the Defendant What he could say for himself The Defendant answered That if he did take such a mighty Bribe it might be Extortion but yet not Barretry Secondly That it was impossible but that the Fellows were perjur'd for if the Defendant Mr. Hickeringill did never grant any Administration to Shortland nor that Shortland ever had any Administration either from the Defendant or any other Judges of any Ecclesiastical Court in all the Diocess of London then it was impossible that he should take a Bribe or commit Extortion in granting what was never granted But to that the Fellows swore one of them said the brought he Seal and the other swore he saw such an Administration Then to prove them perjur'd the last Will of Thomas Shortland was immediately produc'd by the Defendant and read and the Executors being Quakers revoking the Executorship an Administration with the Will annext was granted in the Prerogative-Court of Canterbury under the Name and Seal of Gilbert late Arch-Bishop of Canterbury and where the same ought to be granted it being a Prerogative-Case and a Court where Mr. Hickeringill had no more Power Authority or Concern than any other Man in England signed Marcus Cottle Registarius and beginning with these words Gilbertus Providentia Divinâ Cant. Archiepiscopus totius Angliae Primas Metropolitanus Dilecto nobis in Christo Thomae Shortland Filio naturali

'till now in the County aforesaid and in the Town aforesaid and in other places in the said County the said Strifes Differences Contentions Brawlings Sults and Quarrellings amongst his said Neighbours and other the Leige Subjects of our said Lord the King hath often moved excited and stirred up to the great Disturbance Ruine Impoverishing and Dammage not only of his said Neighbours but also of the said Leige People and Subjects of our said Lord the King to the pernicious and evil Example of Delinquents in the like Case also against the Form of the Statutes in that Case made and provided and in Contempt of our said Soveraign Lord the King his Crown and Dignity c. But the said Counsel mumbling all this between his Teeth The Judg spoke to him in these Words viz. Mr. Smith You open the Cause well enough to my Understanding but you must speak out that the Jury may hear you and then he began again as well as he could and proceeded a little But Sir George Jeffreys presently took up the Argument and began to open it and expatiate upon it after his loud manner of declaiming and told a long Story of the heinousness of the Crime of Barretry so odious to the Law so inconsistent with the Peace of the Neighbourhood so unwarrantable in all Men more insufferable in a Minister of the Gospel of Peace such was the Defendant and the Crimes he was guilty of were great and many And quoth he if my Breviate do not fail me I will now expose before you the greatest Barreter that ever was heard off he has by extortion taken five Pounds and eight Shillings when but ten Shillings was Due in the Parish of St. Buttolph's in Colchester as Fees of his own Court as Surrogate under the Bishop in Colchester where note by the way the Modesty of the Man for of that 5 l. 8 s. instead of 10 s. the Defendant never had one Farthing nor any Body for him nor was one Farthing paid or demanded nor ever any such Cause brought before Mr. Hickeringill as Judg of the Ecclesiastical Court but the Cause was brought in the Bishop's Consistory-Court at London for very good cause nor durst Sir George Jeffreys ever all the whole Tryal or any other of the Counsel call it to Proof and to the Test but it served him to baul withal and to make a noise against the Defendant Then Sir George Jeffreys went on and told them of many other Crimes that the Defendant was Guilty of before any one Witness was call'd to prove any of the Crimes making a long and loud Harangue in which the Defendant interrupted him Saying Sir George Sir George Prosecute me in your Place with all the Vehemence and Passion that you are full of spare me not I neither require nor need your Favour but you have no Authority by vertue of your Fee to defame me with Stories and Untruths of your own devising prove something upon me To which Sir George reply'd with enraged Eyes staring with Passion What have you to do to interrupt me To which Mr. Hickeringill reply'd I will interrupt you when you transgress the bounds of Truth and Modesty you have no Authority nor can any Body give you Authority to abuse me Whereupon the Judg candidly reply'd in these Words Brother Brother when you touch a Man's Reputation you touch him in a tender Part I cannot blame a Man for being sensible of it prove something upon him and leave off your declaiming or Words to the like Effect Go on to your Proofs open no more than you can prove Note by the way That the Judg had with much ado given the Defendant leave to plead his own Cause and make his own Defence The Defendant alledging that he had not time to instruct his Counsel and tho he mov'd in the beginning of the last Term by Mr. Sampson Ward at the King's-Bench-Bar that the Judges there would be pleased to let the Defendant know the Particulars and Heads of the said Articles yet the Justices of the King's-Bench would not allow him more than one Fort-night before the Assizes to know the particular Crimes of which he was accused and to which he might prepare a Defence I know not for what Reasons but longer time would not be granted him and that time had been spent in preparing and bringing 20 Witnesses and in discharging his publick Duty as a Minister of the Gospel in his Rectory in Colchester which he neither did nor would neglect for any private Concern of his own And the Defendant alleged that the Articles against him were many and large and all the Actions of his Life good and bad for 15 Years last past rip'd up to make him appear a Common-Barreter and that the Breviate which the Defendant held then in his Hand was rather a Volumn than a Breviate and that since he had no Counsel that his Lordship would though it be great disadvantage for any Man to plead his own Cause and much more the Defendant that had no Skill no Practice no Ability in Pleading another Man's Cause yet that his Lordship would with Patience hear him make his own Defence our Law condemning no Man before it hear him and the Defendant alledging that it was his Birth-right to have his Lordship's Patience and an indifferent Hearing in making his own Defence To which his Lordship passionately reply'd in these very Words Your Birth-right Your Birth-right this I meet every where amongst these Men they tell me of their Birth-right their Birth-right and that they are Free-born English-men Yes my Lord reply'd the Defendant I say again my Birth right and if your Lordship will not permit me your Patience to hear my Defence then go on and hear but of one Ear I 'le not speak one Word more if you will not hear me with Patience I need no other Favour I have Innocence enough to protect me against the Skill and Eloquence of all the Counsellors against me and to defeat them all You are very confident replyed his Lordship I will give you a fair Hearing and so he did ever after that a tollerable Hearing But saith his Lordship to stop his Mouth and to silence his Plea of Innocence prove upon him some Article that may be Evidence of the Information begin with something you can prove Whereupon the Counsel skip't over the first eight Articles for that time and began with the ninth Article Namely Article 9. For maintaining divers Suits in another's Name against one Sadler his Servants and Agents and Tenants To prove this they produced one Lawrence that told a blind Story of a Covenant and sometimes he called it a Bond that one William Sadler made to the Defendant but not able to make any thing of it at last they produced one Mr. Thomas Earl an Attorney in Colchester who swore that there were Horses Lands and Tenements in Horkesley Magnâ that were in the quiet possession of one William Sadler for ten or twelve