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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35635 The Case of Richard Radley, Gent. now prisoner in the Kings-bench. 1680 (1680) Wing C970A; ESTC R38979 3,793 1

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Danwood to wait upon the said Lord Chief Justice and demanded from his Lordship satisfaction for the Timber his Lordship had Felled from off Danwoods Land and an account of the Rents and Profits his Lordship had received and to re-imburse Danwood the Costs he was by those unnecessary Suits enforced to Expend Which demand his Lordship seemed much offended at saying to Danwood He owed him nothings and again bidding him come by it as well as he could And for Redress herein Danwood hath now a Petition depending before the Lords in Parliament The Lord Chief Justice hath Oath made before him by the aforesaid Ralet and one William Lewis a notorious Rogue who for Twelve Years before had been kept at the Charge of the Parish That on the Seventh day of August then last past Radley Spake unto Ralet these words following viz. If you expect to have your Money Recovered of me at Chelmsford go to Weld-Hall there 's Money enough come in now for quitting of Doctor Wakeman Radley was taken up by the Lord Chief Justice his Warrant and carried to his Lordships House where Radley entered into a Recognizance of One Hundred Pound with two Sureties in Fifty Pound a piece for Radleys appearance in the Kings Bench on the first day of Michaelmas Term 1679. At which time he appeared in Court and Retained Mr. Ward for his Clerk in the Crown Office who by rule of Court was to appear for Radley from time to time and to receive all Informations which should come in against him to which end Radley also gave Mr. Ward a general Warrant to appear And thereupon Radleys Bayl were discharged Radley had no notice to appear in all that time And yet he being called on the very last day of that Term and not appearing his Recognizance was forthwith estreated into the Exchequer whereof Radley being informed he in the beginning of Hillary Term last moved the Court of Kings Bench And upon his offer to receive any information and plead forthwith the Court made a Rule that the said Recognizance should be withdrawn An Information being exhibited againg Radley for the aforesaid words supposed to have been Spoken to Ralet the same came on to be Tryed at Chelmsford last Assizes to wit on the 28th of March last and Radley not being able to prevail with any Council to appear in his defence against the Lord Chief Justice Scroggs his Interest on whose behalf Sir George Jefferys appeared most forward a Verdict then passed against Radley who was thereupon Committed to Goale though he offered Unquestionable Bail for his Liberty At the Instance and Charge of the said Lord Chief Justice Scroggs Radley is removed from Chelmsford by Ha. Cor. and on the Fifteenth of June came over a Prisoner to the Kings Bench Whereupon the then Sheriff of Essex told Radley that he would charge him in Execution for 200 l. upon his aforesaid Recognizance and also take his Sureties in Execution until he would pay the Sheriff his Fees which Radley was fain to promise and having not payed the same he is to this day required so to do Albeit for Security of his Sureties Radley hath been enforced to obtain out of the Exchequer a quietus against the said Recognizance which cost him 5 l. 10 s. Radley was Sentenced in the Court of Kings Bench to stand before each of the Courts at Westminster one hour with a Paper on his Breast expressing his supposed Crime And to do the like at Brentwood at the then next Assizes and in the Affizes time And was Fined 200 l. and Committed in Execution until payed And to find Sureties for the Behaviour for three Years Radley hath stood at Westminster and Brentwood according to his Sentence aforesaid But hath not given Sureties for his Behaviour nor paid the 200 l. But lyes in Prison for Non-Payment And for Relief therein hath preferred his Petition to the Right Honourable the House of Commons in Parliament Assembld 3. Sep. 1679 〈◊〉 past 5. Sep. past 14. July last 19 July last
The CASE of Richard Radley Gent. Now Prisoner in the KINGS-BENCH THAT the now Lord Chief Justice Scroggs being Lord of the several Mannors of Southweald and Gostead in the County of Essex his Lordship in 1672. did upon a pretended forfeiture Wrongfully Seize into his Hand and Possession a certain Copy-hold Messuage and divers Copy-hold Lands of 35 l. Yearly value held of the said several Mannors And which were then the Estates and Inheritance of one Thomas Danwood Unkle of the above mentioned Richard Radley That soon after his Lordship had so Seized the Premises he Felled all the Timber thereupon then growing worth 100 l. And thenceforth received all the Rents and Profits of the Premises which his Lordship insisted to be absolutely his own and therefore would not restore the Possession thereof unto the said Thomas Danwood albeit he several times in all humble and sitting manner besought his Lordship so to do Whereupon the said Thomas Danwood was enforced to commence several Actions at Law in Trespass and Ejectment against his Lordships Under-Tennants of the Premises Which being brought to Tryal at Chelmsford the Sommer Assizes 1675. The said Thomas Danwood upon full Evidence on all sides obtained a Verdict against his Lordships pretended Title And after a Writ of Error spent therein was in June 1676. put into Possession of the Premises by the then Sheriff upon an Hab. Fact Possession In the Prosecution of which Suits the said Thomas Danwood was Necessitated to expend 700 l. or thereabout and being himself near Fourscore Years Old He desired his said Nephew Richard Radley to assist him in the Management of that business which he the said Radley in an unfortunate hour to himself did accordingly undertake as conceiving himself bound in duty to be helpful unto his said Unkle in what lawful ways he could and otherwise then so did he the said Radley never Act. And yet nevertheless because he the said Radley did appear on behalf of his said Unkle Danwood as aforesaid His Lordship the now Lord Chief Justice Scroggs was pleased to conceive some causeless Displeasure against him which was so far taken notice of in the Neighbourhood he the said Radley then dwelling at Brentwood within a Mile of his Lordships House called Weld-Hall That when any difference happened between Radley and any Neighbour Radley was soon after informed against at Weld-Hall As for Instance He the said Radley being necessitated to have a controversie with one Samuel Whitehead of Brentwood aforesaid Shoemaker a person well known in the Neighbourhood as Radley doubts not to make appear by proof to be of such Atheistical Principle and Vicious conversation as rendered his Oath not fit to be Credited in any concern to the value of 5 s. He the said Whitehead to wreak his Revenge on Radley Did in May 1679. Inform the said Lord Chief Justice upon Oath That Rudley had Spoken certain Scandalous words against his Lordship repeating the words in his Affidavit and told his Lordship also that one Robert Ralet a Brick-Layer who was a constant Workman in his Lordships Service as occasion required did hear the Words spoken as well as he the said Whitehead That the Lord Chief Justice going soon after to London one Mr. Thomas White an Attorney and Steward of his Lordships Courts came to Radley as from his Lordship willing him to attend his Lordship at London to give him satisfaction about an Affidavit made by Whitehead of such words spoken by Radley against his Lordship as he the said Mr. White then said he dared not repeat But Mr. White then told Radley that Whitehead had informed his Lordship that Ralet also had heard the words Spoken by Radley Hereupon Radley enquired of Ralet what the words were which Whitehead had Sworn and whether he the said Ralet had ever heard Radley Speak the same whereto Ralet answered That he had Sworn to the Lord Chief Justice that he never heard Radley Speak the words Sworn by Whitehead nor any other word concerning his Lordship But only That Danwoods Cause was a good Cause and that he the said Radley would Seal it with his Blood Soon after this Radley waited on his Lordship at London as he was required where his Lordship making known to Radley what words Whitehead had Sworn against him and Radley denying as the truth was and is that he ever Spoke those or any such like words and withal giving his Lordship a true account what a Dangerous Fellow Whitehead was and of the occasion why he thus sought to execute his Malice on him the said Radley His Lordship was pleased to say That there was another would testifie the words besides Whitehead but that his Lordship would defer the further Examination of that matter until his being in the Countrey at Whitsontide And so his Lordship dismissed Radley for that time In Whitson week all Parties attended his Lordship and upon Examination of the matter his Lordship being convinced that there was no reality in this Accusation against Radley albeit Ralet then varied from what he had formerly informed Radley as aforesaid and would seem to insist that Radley said he would Seal to the words informed by Whitehead with his Blood His Lordship was pleased to declare he would pass by this matter for that time but willed Radley to have a care that no further Informations against him come before his Lordship Or used Monitory expressions to that Purpose Some difference afterwards happening between Radley and Ralet about work wherein Radley Employed Ralet as his Bricklayer Ralet informed the Lord Chief Justice that Radley would have hired him to knock the aforenamed William White on the Head Whereupon Radley was again sent for by the Lord Chief Justice and required to give Sureties for his Behaviour which he did accordingly though no colour of truth in the said Information At Summer Assizes in August 1679. Ralet Recovered 39 l. against Radley in an Action upon a Quantum Meruit for Building and soon afterwards to wit on the Eighth of August 1679. aforesaid Radley standing at his own dore and Ralet being at Work over against Radley's House and within hearing one of another Ralet said to Radley There be Rods in Piss for you Whereupon Radley saying Why are you and your Cobler going to make new Oaths against me Ralet thereupon demanded What have you got to say to my Lord Chief Justice Radley thereunto replyed As far as I know the Lord Chief Justice may be a very worthy Gentleman But for your part you are a very Rascal That these were all or the effect of all the words which passed between Radley and Ralet at that time wich he proved by Divers Persons of Credit then present And never but then had Radley any discourse with Ralet after the aforesaid Tryal between them at Sommer Assizes 1679. Neither was any thing of this further taken notice of to Radleys knowledge until September following Radley went with his Unkle