639 Terrell v Pollard

639 TERRELL V POLLARD

Sir Edward Terrell of Thornton, co. Buckingham, knt and bart v John Pollard of Leckhampstead, co. Buckingham, gent

November 1637 - February 1639

Abstract

This was a parallel suit to Thomas Lenche's against Pollard, also in November 1637 [see cause 368]. Terrell complained that after evening prayer on the Sunday following Buckinghamshire's Lent assizes, either 19 or 20 March 1637, in Leckhampstead church, Buckinghamshire, Pollard had loudly declared before many parishioners that he would 'not be so verie a knave as Lench and his landlord, to take of[f] a rate from themselves and to laie it upon there inferiors, and thereby, and by the words so verie a knave as Lench and his landlord, to have menconed and insinuated Sir Edward Terrell, landlord to Mr Lench and to have called him knave.' A warrant to levy £24 in ship money on the landholders of Leckhampstead had just been read in church, and Pollard felt he had been deliberately over assessed in being asked to pay £4 of the total. Terrell was not present, and the words were reported to him by George Cowley. The circumstances and details of the quarrels from which this outburst arose were related in Pollard's defence which is described in the summary of Lenche's case.

Dr Duck presented Terrell's libel in November 1637 and his witnesses were due to be examined by a commission headed by Sir Alexander Denton, Sir Richard Ingoldsby and John Hampden, esq, at the Cock Inn, at Stony Stratford, Buckinghamshire, 20-22 December 1637. Dr Talbot began Pollard's defence in February 1638 and his witnesses were examined before Denton, Ingoldsby, Robert Smyth, esq, George Bate, clerk, and Edmund Bolsworth and Roger Nicholls, gents, on 28-29 March 1638 at the Cock Inn, Buckingham. Terrell won the case and on 19 June 1638, Pollard was sentenced to perform a submission in the town house at Aylesbury before the justices of the peace on 12 July. He was to apologise for his 'rash and unadvised speeches', acknowledge Terrell to be a 'worthy knight and baronett', and promise to behave himself henceforth 'with all reverence towards him and all others the gentry of this kingdome.' Pollard's submission was certified to the Court of Chivalry on 20 October 1638.

Defendant's case

14/2mm, Plaintiff interrogatories

1. Sir Alexander Denton was asked if he had heard Mr Lench ask Pollard what wrong he had done Pollard, and whether Lench had offered to give satisfaction if it was shown he had done Pollard wrong?

2. Had he heard Pollard blame Lench's dogs for killing his sheep 'to which did this witness answer that that was an accidental thing, and that Mr Lenche's dogs might have killed his own sheep as well as Pollard's'? 'Did Mr Lench answer that his dogs had done Pollard no wrong, but being that the dogs was found killing some of his neighbour's sheep Mr Lench did presentlie hang the dogs? Did you then at the same time and place make answer and say that this could be noe wrong to Mr Pollard: for if his dogs had killed any of your sheepe or any other men's sheep and upon the first warning hang his dogs this had been no wrong? Did you hear Pollard give Mr Lench the lye with many more angry wordes and what the words were and when they were spoken and in what place'?

3. 'Hath Mr Pollard been engaged for you at any time, and hath he not entered into bonds with you for some sumes of money, or procuring some sumes of money for you, and by that meanes you be wonne to take his part in this cause'?

4. Sir Peter Temple was asked whether he had employed Pollard in selling land to improve his rents 'and so by that meanes become behoulding to Pollard'?

5. 'Whether Pollard were bound for him to the Lady Millicent for one thousand pounds and whether Pollard doth stand bound still for the thousand pounds? Whether for that cause Sir Peter is a friend to Pollard, and for what other suites and engagements stand bound for Sir Peter Temple'?

No date.

Signed by Arthur Duck.

Cur Mil II, fos. 191-214, Defence depositions

Taken before commissioners Sir Alexander Denton, Sir Richard Ingoldsby, Robert Smyth, esq., George Bate, clerk, Roger Nicholls, gent., Edmund Bolsworth, gent., at the Cock Inn, Buckingham, 28-29 March 1638

28 March 1638

fos. 191r-196r (Witness 1), John Abbot of Leckhampstead, co. Buckingham, yeoman, lived there for 30 years, born at Akeley, co. Buckingham, aged about 58

To Pollard's defence

1. He had known George Cowley for 20 years, who had been household servant to Sir Edward Terrell for 7 years and wore his livery. Cowley rented land from Sir Edward for £30 per annum.

He had known William Barton for 30 years, and that he was 'a poore man... a meddler in other mens business... and one to whose testimony little credit is to be given'. Barton rented a small cottage from Sir Edward for 6s-8d per annum.

He had known Thomas Coxe for 30 years, 'a labouring man and a tenant to Sir Edward Terrell'.

He knew one Robert, a servant to Mr Lench, whose surname he thought was Page.

2. Mr Pollard questioned Cowley before Sir Alexander Denton, knight, last August, 'for speaking words of a high nature of offence'.

3. The witness had heard William Barton say that 'he is to work with Sir Edward Terrell when he shall require him'. He lived in a little house adjoining the house that Cowley rented from Sir Edward in Leckhampstead.

4. Thomas Coxe was a labouring man who had worked for Sir Edward for 10 years.

6. Mr Barnard 'is said to have married Mr Lench's wife's sister's daughter.'

7. About a year ago, he heard a warrant from the high sheriff of Buckingham read in Leckhampstead church for assessing of £24 for ship money. Afterwards the high sheriff had a second warrant read in church authorising the constables to levy £20 from the inhabitants and landholders according to their estates; and that Mr Pollard should pay the other £4 in addition to his share.

9. On the Sunday after Buckinghamshire's Lent Assizes, on 19 or 20 March 1637, after evening prayer in Leckhampstead church, some of the parishioners were discussing ship money when Mr Pollard said it was wrong he should be levied £4 and 'asked the reason why 8li was not laid upon Sir Edward Terrell for that as Sir Edward Terrell had as much more land in that parish as Pollard had'. George Cowley then replied 'would not you put it off your own land and put it on another man's if you could?' Pollard responded, 'Noe, I could not be soe very a knave'. Cowley then said, 'Although you term Mr Lench to be a knave and me a knave, methinks it is something too much to term Sir Edward Terrell as it were a knave'. Pollard said that he did not term Sir Edward Terrell knave, but Cowley replied, 'You do accompt him after a sort to be a knave'. Pollard again denied this, and said, 'Neighbours, I pray beare witness what I said for he will tell Sir Edward Terrell that I call him knave. But I say I would not be so very a knave as to take it off my owne land and to put it on upon an inferior man'. Pollard twice desired those present to bear witness, and no man present contradicted him. The witness did not hear Pollard say 'that he would not be soe very a knave as Tho. Lench or his landlord to take of a rate, meaninge the rate for ship money; and saith he did not hear Mr Pollard call Sir Edward Terrell or Mr Lench knave, and if he had used any such words after he was with Pollard and Cowley he must needs have heard them', because he was stood between them. Joseph Syricke, Thomas Taylor, Thomas Cowles the elder, Thomas Cowles the younger, Thomas Whitaker, John Whitaker, John Baldricke, one Johnson, George Cowley and Thomas Coxe were also present. Syrell Taylor, Thomas Cowles the elder, Thomas Cowles the younger, John Baldrick, Thomas Whitaker, John Whitaker and Johnson were nearer to Pollard and Cowley when the words happened than anyone that he knew, for he was present and saw them.

10. At the time, George Cowley and John Whitaker were parish constables, and the warrant was directed to them. Sir Edward Terrell had 'two and twentie yard land and a halfe as he doth estimate it, and Cowley five yard land thereof, and Mr Lench had 14 yard land and a half of the same, and John Love had two yard land thereof, and Thomas Warren one yard land thereof, as farmers to Sir Edward Terrell'. This witness was one of the assessors, and all the rest of the assessors apart from Mr Lench, 'did not think fit to lay the 4li upon Mr Pollard.'

11. He had heard that the high sheriff made a third warrant to levy the £24 'upon the landholders proportionable, and that Pollard should pay but his parte, and saith the warrant was delivered to the constables'. Leckhampstead's inhabitants met several times about raising the money, 'and did rate and taxe the money according to the warrant at 2s-7d a yard land'. Some of the money was received by Cowley, but Cowley said he forbore from gathering the rest 'by means of Mr Lench; and thereby his Majestie's service was delayed and neglected.'

12. He was sworn to testify the truth, and after taking his oath, Sir Edward Terrell, Mr Terrell and Mr Lench demanded 'what he could say concerning this business whereupon [Abbot] told them what he had before deposed. After dinner, Sir Edward bade him go home, along with John Baldrick, Robert Baylie, Michael Tring, witnesses, and Thomas Budd.

13. He was a neighbour to Pollard who 'was quiet with [Abbot]'. Pollard's land in Leckhampstead was worth over £100 per annum. He had gathered taxes, to which Pollard had willingly paid 'what he hath been justly taxed at, and saith he is an ordinary grand jury man.'

Signed by John Abbot [his mark]

To Terrell's interrogatories:

1. He had known Sir Edward Terrell for 30 years and Mr Pollard for 20 years.

2. He was worth £500 his debts paid.

3. Negative.

4. 'He holds Cowley and Coxe to be honest men'.

9. Pollard 'was not justly taxed when the 4li was laid upon him over and above his proportionable part, and saith Mr Pollard hath in Leckhamsted about 22 yarde and a halfe land and a *lease of a * farme *in Wickam* [High Wycombe] for some years but what it is worth to Pollard he knoweth not and saith Pollard is tenant to one Mr Pye for a yarde land a house and other ground which is taxed by itself'.

10. Sir Edward Terrell was Mr Lench's landlord.

11. 'There might be some words spoken at the tyme and place aforesaid by Pollard which this witness heard not; and saith Pollard might speaketh words then [Abbot] heard and that those that were present might heare such words.'

14. He had heard that Mr Pollard arrested Eaden, and that there had been suits between Mr Pollard and Mr Lench, 'and saith Mr Pollard hath enclosed some parte of the highway as he hath heard'.

Signed by John Abbot [his mark] and by commissioners Sir Alexander Denton, Sir Richard Ingoldsby, Roger Nicholls, George Bate, Robert Smyth, Edmund Bolsworth

fo. 196v (Witness 2), John Fuller of Bradwell, co. Buckingham, yeoman, lived there for 20 years, born at Eaton, co. Bedford, aged about 48

To Pollard's defence:

1, 5. He had known Page for 5 years to be a poor servant, and about 5 years ago, Page 'had a basterd, and did put in sureties to discharge the towne'.

To the rest he did not answer by Pollard's consent.

To Terrell's interrogatories:

He did not answer by Terrell's consent.

Signed by John Fuller and by commissioners Smyth and Bolsworth.

fos. 196v-197r (Witness 3), John Newman of Bradwell, co. Buckingham, yeoman, lived there for 60 years, born there, aged about 63

To Pollard's defence:

1, 5. About 4 or 5 years ago, Page was servant to Mr Hampston, where he 'got a maidservant in the house with child, and had a bastard by her; and being brought before a justice of peace he confessed the same, and afterwards did penance in the church for the acte, which this witness knoweth for that he saw Page perform his penance.'

To the rest he did not answer by Pollard's consent.

To Terrell's interrogatories:

He did not answer by Terrell's consent.

Signed by John Newman and by commissioners Smyth and Bolsworth.

29 March 1638

fos. 197v-198r (Witness 4), Thomas Warren of Leckhampstead, co. Buckingham, yeoman, lived there for 15 years, born at Kirtleton [Kirtlington], co. Oxford, aged about 50

To Pollard's defence:

1. 'Barton is a troublesome man meddling in other men's matters'. In 'hay harvest time 1637 in Leckhamsted meade', the witness was alone with Cowley when Cowley said to him, 'Yonder comes Mr Pollard. It is a good deede to knocke him on the head. One knock would do it and lay him in the ditch. Thou must do it for he hath done thee wrong'. The witness replied, 'God forbid', and Cowley left. Cowley had spoken 'in a serious manner', but when he left he 'did laugh and saith that at the time there were many in the meade but none of them near to [Warren] and Cowlie; and saith Cowlie's two sonnes were then nearest to Cowlie and this witness'.

To the rest he did not answer by Pollard's consent.

To Terrell's interrogatories:

1. He had known Terrell and Pollard for 7 years.

2. He was worth £10 with his debts paid and was tenant to Sir Edward Terrell 'for a yard land'.

3. Nothing had been given or promised him.

4. 'Barton is of no credit, and one that will wrong his father if he were alive, as this witness thinketh'.

He did not answer the rest by Terrell's consent.

Signed by Thomas Warren [his mark] and by commissioners Nicholls, Bate, Smyth and Bolsworth.

fos. 198r-202v (Witness 5), Thomas Taylor of Leckhampstead, co. Buckingham, yeoman, lived there for 7 years, born at Lechlade, co. Oxford [now co. Gloucester], aged about 50

To Pollard's defence:

1. 'Barton is a meddlesome man'. There had been a difference between Cowley and Pollard. Page was reputed a poor man, and had been a household servant to Mr Lench for a year, but had previously served Sir Edward Terrell. Cowley had been a liveried retainer of Sir Edward Terrell. Cowley was a tenant to Sir Edward and paid him £40 per year.

2. Cowley was an enemy to Pollard 'and one that will speak more than is fitting against Pollard'.

3. Barton was very poor and had sometimes received alms from the parish. He worked for Sir Edward in winter for 5d per day, and during hay harvest for 10d per day. Barton 'liveth in an end of a house annexed to a farm that Cowlie hath hired of Sir Edward Terrell for which Barton payeth 6s 8d yearely'.

4. 'Coxe is a poor man and usually worketh with Sir Edward Terrell as a labourer.'

6. He heard a warrant read in Leckhampstead church from the high sheriff of Buckinghamshire in March 1637 for levying £24 for ship money on landholders proportional to their estates. Afterwards he heard that a second warrant was being framed for levying £20, with the remaining £4 being charged to Mr Pollard in addition to his proportional share.

8. On the Sunday after Lent Assizes a year ago, this second warrant was read in church.

9. That day he heard Mr Pollard say, 'I think I have a great deal of wrong. Goodman Cowlie is this your doing?' 'Noe', said Cowlie, 'it is not my doing. 'It is your's amongst you' Mr Pollard [said],'to lay 4li on my land and nothing on Sir Edward Terrell his land, which is as good againe as mine.' Said Cowlie, 'Would not you do the like, if you could to put it off your owne land and put it on another man's if you could?' 'Noe,' said Pollard, 'I would not be so very a knave as to take off a due from my owne land to lay it on an inferior's'. Cowley then said,'Sir, although you term Mr Lench and me knaves, it is something too much to term my landlord a knave'. Pollard said that he did not, but Cowley replied 'Yes, in a kind you do'. Pollard said, 'Neighbours, I pray beare witness what I say: for this fowle mouth man will tell Sir Edward Terrell, perhaps, that I call him knave. Beare witness neighbours what I say. I scorne to be so very a knave as to take a due from my owne land and to lay it on an inferior's land'. No man present contradicted him. The witness was present from the time the warrant was read until Pollard and Cowley left the church. He did not hear Pollard say 'that he would not be soe very a knave as Tho. Lench or his landlord to take of a rate meaninge the rate for ship money and to lay it on an inferior'. The witness all that while stood behind Pollard, and did not hear him call Sir Edward Terrell or Mr Lench knaves; and if he had done so, he would have heard him. Joseph Syricke, John Abbot, Thomas Cowles the elder, Thomas Cowles the younger, Thomas Whitaker, John Whitaker, Miles Johnson were present. Thomas Cowles the elder, and this witness stood very near to Pollard. 'Thomas Coxe presently after the speeches happened came through the chauncell into the church and said you are louder than the minister useth to be.'

10. As witness 1. By imposing £4 on Pollard, the rest of the landholders 'should have been laid at but 2s a yard land, and Mr Pollard and his land at 5s 8d a yarde lande, and he thinketh Sir Edward Terrell his land is the better land. He knoweth Mr Pollard was so overrated for that he this witness with the constables and some others did caste up the money and found it to amount as aforesaid.' The constables and assessors other than Mr Lench and Cowley 'did not think fit to lay the 4li upon Mr Pollard, which he knoweth for that he was present and did hear them refuse to lay it on Mr Pollard.'

11. He heard that Pollard complained to the high sheriff and procured a third warrant to raise the £24, with Pollard paying his part in proportion to other men. The witness was present with the constables and assessors, 'and they would have rated the money that was to be levied according to the third warrant but were hindered by Mr Lench and Cowlie, and thereby his Majestie's service was hindered.'

13. Pollard was 'a quiet and peaceable man' and had freehold land of £100 per annum in Leckhampstead. Pollard was 'of very good repute in the countrie'. This witness 'had been an officer a great while and Mr Pollard hath readily paid what he was taxed at to him and saith he is a Grand Jury man in the countrie and a man of good understanding'.

To Terrell's interrogatories:

1. He had known Terrell and Pollard for 7 years.

2. He was worth £100 with his debts paid.

3. Negative.

4. 'Barton is a meddlesome man and Cowlie is one that will be forward to speake against Pollard, but will not forsweare himself as he thinketh, and Thomas Coxe is an honest poore labouring man and Mr Joseph Barnard is an honest man and so is Thomas Davy for ought he knoweth'.

5. The witness had heard Cowlie term Mr Pollard 'an oppressor'.

9. Mr Pollard had land in Leckhampstead worth over £200 per annum.

10. Sir Edward Terrell was landlord to Mr Lench at the time.

11. The witness was present in the church throughout and did not hear Mr Pollard speak the words to anyone, and the witness was stood at Pollard's back.

12. Thomas Lench is called Mr Lench.

Signed by Thomas Taylor [his mark] and by commissioners Nicholls, Bate and Smyth.

fos. 202v-204r (Witness 6), Thomas Whitacres of Leckhampstead, co. Buckingham, husbandman, lived there for 6 years, born at Aston Abbotts, co. Buckingham, aged about 30

To Pollard's defence:

1-6. Not examined by Pollard's consent.

7. As witness 1.

8. The constable, John Whitaker, told him that a warrant had arrived which required Mr Pollard to pay £4 more than his proportion. The Sunday next after Lent Assizes, after evening prayer in Leckhampstead church, after the warrant was read, Mr Pollard said, 'I marvaile why there should not be 8li laid upon Sir Edward Terrell's lands as well as 4li upon mine: for Sir Edward hath as much more land as I have. Then one George Cowlie said, 'I did not lay anything on your land.' 'No,' said Pollard, 'You did amongst you.' Cowlie said, 'I did not'. This witness was within 2 yards of Mr Pollard, and was with him until he left the church. John Abbot, Thomas Cowles the elder and the younger, John Whitaker, Thomas Taylor, Joseph Syrack, John Hunt and Michael Johnson were also present. The rest is as witness 1, article 9.

13. Pollard was 'a quiet and a peaceable man' and had freehold land of £200 per annum in Leckhampstead. Pollard was 'of very good repute and accompt in the countrie with the knights and gentlemen'. This witness had been an officer and Mr Pollard had always paid what he was taxed at.

To Terrell's interrogatories:

1. He had known Terrell and Pollard for 6 years.

2. Negative and he was worth 20 marks with his debts paid.

3. Negative.

4. The parties mentioned would depose the truth.

To the rest he did not answer by Terrell's consent.

Signed by Thomas Whittakers and by commissioners Nicholls, Bate and Smyth.

fos. 204r-206v (Witness 7), John Whitaker of Leckhampstead, co. Buckingham, labourer, lived there for 8 years, born at Aston Abbotts, co. Buckingham, aged about 26

To Pollard's defence:

1. Cowley was Terrell's tenant.

3. Barton had desired alms from the parish, 'is a great swearer, a meddlesome man, a poor man, and saith he worketh with Sir Edward Terrell'. He lived in an end of Cowley's house.

5. Page 'is one that listeneth after other men's business and is a poore man and servant to Mr Lench.'

6. As witness 1.

7. Shortly before Lent Assizes in 1636, two warrants were brought to his house as he was then constable.The first was to levy £24 from the parish's landholders for ship money. The second was to levy £4 upon Mr Pollard in addition to his proportion of the £20.

8. The witness told Mr Pollard he was to pay this extra £4.

9. On 19 or 20 March 1637, he caused a third warrant from the high sheriff to be read in church, and afterwards Mr Pollard asked who had wronged him in getting a warrant to tax him at an extra £4. Cowley said he knew not, but Pollard replied, 'You do know, you know amongst you who it was long of.' Cowley said, 'If it were in your power to take it off your land and lay it on another man's would not you do it?'

The witness was less than one and a half yards from Mr Pollard, and stood between him and Cowley. If Pollard had said anything else he would have heard it. George Cowley, Robert Page, John Abbot, Thomas Coles the elder and younger, Joseph Syreck, Thomas Whitaker, Michael Johnson, Thomas Taylor, John Baldrick, Christopher Davie and William Samuel were present, with others whose names he cannot remember. Page stood 3 or 4 yards from Mr Pollard, and was the furthest from him present. The rest is as witness 1.

13. Mr Pollard 'is a man of good judgement, a peaceable quiet man of good account, one usually imployed in the king's service'. He had heard Mr Pollard had £100 per annum in land in Leckhampstead.

To Terrell's interrogatories:

1. He had known Terrell and Pollard for 8 years.

2. Negative and he was worth £40 with his debts paid.

3. 'He hath not received nor expecteth anything'.

10-11. Sir Edward Terrell was landlord to Mr Lench at the time.

12. Thomas Lench 'is called Mr Lench'.

13. Negative.

Signed by John Whitaker [his mark] and by commissioners Nicholls, Bate and Smyth.

fos. 207r-209r (Witness 8), Thomas Coles the younger of Leckhampstead, co. Buckingham, freemason, born there, aged about 35

To Pollard's defence:

1-8. Not examined by consent of Pollard.

9. On the Sunday after the Lent assizes, in Leckhampstead church, the constable said he had a new warrant 'for to raise the ship money proportionable... and that Mr Pollard was not to pay more then his proportionable part'. Pollard then said 'Cowlie there has 4li put upon me over and above my part, whose doing was it?' Cowlie said he knew not. 'No,' said Pollard, 'were not you the man that had a hand in it?' Cowley replied, 'You may think of me as you will. You are always interrupting me. I did not meddle in it, and therefore I pray blame me not'. Pollard said, 'I cannot tell on whom to lay the fault on, it was done amongst you'. Cowley then said, 'You would have done as much yourself, would you not'? Pollard replied, 'Noe, I scorne to be so very a knave as to offer that to any inferior man to take it off my owne land and put it on his'. The witness was within 5 yards of Cowley and near to Pollard throughout, who spoke 'in hastie lowde manner'. George Cowley, William Barton, Robert Page, John Abbot, Thomas Coles the elder, John Hunt, John Whitaker, Thomas Whitaker, Goodman Johnson , Thomas Taylor, Joseph Syreck, Goodman Baldrick and Christopher Davie were present, with others whose names he could not remember. Thomas Coxe 'was going in and out of the church'. The rest is as witness 1.

13. Mr Pollard 'is one of good judgement, and understanding, and one usually imployed in the king's service and is a grand jury man'. Pollard had good land in Leckhampstead, but he knew not of what yearly value.

To Terrell's interrogatories:

1. He had known Mr Lench for 8 years and Mr Pollard for 20 years.

2. Negative and he was worth £60 with his debts paid.

3. Negative.

4. Barnard and Davie were honest men who would depose truly. He did not believe Cowley and Coxe would forswear themselves, but said 'Barton is a lyer and useth much medling.'

5-6. 'They concern not him'.

7-8. 'He is not examined by consent'.

10. Sir Edward Terrell was landlord to Mr Lench at the time, and that the words were spoken by Mr Pollard to Cowley 'in hastie manner'.

11. He was present from beginning to end and knew 'there was then no such fowle terms spoken against Sir Edward Terrell or Mr Lench'; and if Pollard had spoken such words, all in the church would have heard him.

12-13. Not examined by consent of Terrell.

Signed by Thomas Colles and by commissioners Nicholls, Bate and Claver.

fos. 209r-210r (Witness 9), Nicholas Airis of Steeple Claydon, co. Buckingham, yeoman, lived there for 7 years, born at Finbury, co. Oxford, aged 45

To Pollard's defence:

1. Since August 1637, Cowley had several times 'railed against Pollard and laid many faults to Mr Pollard whereof he was not guilty to this witness's knowledge'. Before Baronet Chester on 2 January, in the presence of Sir Edward Terrell and many others, he heard Cowley say that Pollard 'had dealt very unjustlie and Cowley was very violent against Mr Pollard'. The witness believed Cowley was an enemy to Pollard.

13. As witness 8, but Pollard's land in Leckhampstead was worth £200 per annum, and Pollard was also 'a quiet peaceable man of good repute', who had paid all charges.

To Terrell's interrogatories:

14. The witness had arrested George Cowley, Mr Lench and one Eaden 'at the just suites as he conceiveth of Mr Pollard. The suit against Eaden hath since been compounded, as he believeth; and the suite against Mr Lench was confessed or did passe by default; and saith Pollard did pittie Eaden for that he... [damaged] cause of suit against him. And saith that he doth not know that Mr Pollard hath carried himself maliciouslie against Sir Edward Terrell, Cowlie, Mr Lench or Eaden or any other of the tenants of Sir Edward... he had heard Mr Pollard protest before Sir Alexander Denton, knight that he would buy Sir Edward Terrell his love, *if it were possible*. And he saith Mr Pollard is an honest conscionable dealing man, which this witness knoweth for that he hath soe shewed himself to this witness upon several occasions, he this witness being bailiff of the hundred wherein Mr Pollard liveth; and saith he hath soe been bailiff for fifteene yeares last past.'

Signed by Nicholas Airs and by commissioners Nicholls, Bate and Claver.

fos. 210r-211v (Witness 10), Michael Johnson of Leckhampstead, co. Buckingham, husbandman, lived there for 4 years, born at Stony Stratford, co. Buckingham, aged 40

To Pollard's defence:

7. He had heard a warrant from the high sheriff came to the constables of Leckhampstead to raise £24 for ship money.

8-9. He heard of a second warrant that came, and that a year ago, on the Sunday after the Lent assizes, in Leckhampstead church, after evening prayer, he heard Mr Pollard converse with George Cowley. The witness was within two yards of Mr Pollard throughout the exchange, who spoke 'with an audible and moderate voice'. If Mr Pollard had spoken the words, he would have heard them. There was another conversation between Cowley and Mr Pollard later that day in the churchyard. Other details are as witness 1.

To Terrell's interrogatories:

1. He had known Sir Edward Terrell for 20 years and Mr Pollard for 5 years.

2. He was in arrears for 6 months rent to Mr Pollard but had his consent. 'He cannot tell certainlie what he is worth'.

3. Negative.

4. The parties mentioned were honest men 'for ought he knoweth, saving that Thomas Davie liveth of himself. The rest are tenants and laborers in the worke of Sir Edward Terrell at such times as he imployeth them.'

5, 6. 'They concern not him'.

7. 'He is not examined by consent'.

9. 'As he believed', Pollard was wronged by being charged the extra £4.

10. Sir Edward Terrell was landlord to Mr Lench at the time.

Signed by Michael Johnson [his mark] and by commissioners Nicholls, Bate and Claver.

fos. 211v-212v (Witness 11), Thomas Coles the elder of Leckhampstead, co. Buckingham, freemason, lived there for 50 years, born at Hanslope, co. Buckingham, aged 70

To Pollard's defence:

7-9. On a Sunday in Leckhampstead church, after evening prayer, he heard Mr Pollard converse with George Cowley. The witness was within two yards of Mr Pollard throughout the exchange. Other details are as witness 1, except when Pollard called upon his neighbours to bear witness that Cowley would go to Sir Edward Terrell, 'Cowley did hange down his head and did not contradict Mr Pollard'. John Abbot, Thomas Taylor, Michael Johnson, Joseph Syrecke, John Hunt, Goodman Baldrick, Christopher Davie and one Samuel were all present among others whose names he could not remember.

10, 13.'Mr Pollard is a quiet and peaceable man of good judgement, good estate, one that readily payed his parte to all taxes without grudgeinge and is a grand Jury man'.

To the rest he was not examined by Pollard's consent.

To Terrell's interrogatories:

1. He had known Sir Edward Terrell and Mr Pollard 'from their youth'.

2. 'He doth not certainlie know what he is worth'.

3. Negative.

4. The parties mentioned would all speak the truth except Barton.

5-6. 'They concern not this witness'.

To the rest he was not examined by Terrell's consent.

Signed by Thomas Coles senior [his mark] and by commissioners Nicholls, Bate and Claver.

fos. 211v-212v (Witness 12), Joseph Syred of Leckhampstead, co. Buckingham, yeoman, lived there for 11 years, born at Pitchcott, co. Buckingham, aged 36

To Pollard's defence:

1-6. He was not examined by Pollard's consent.

7-8. About a year ago he heard of two warrants for ship money in the parish, one was for £24 on the whole parish, and another was for £20 on the parish and £4 on Mr Pollard in addition to his proportion.

9. On Sunday after Lent Assizes in Leckhampstead church he heard Mr Pollard converse with George Cowley. The witness was within three yards of Mr Pollard throughout the exchange. Other details are as witness 1. Thomas Coles the elder and younger, John Abbot, Thomas Taylor, John Baldrick, John Whitaker, Thomas Whitaker, one Barton, Mr Lench's man called Page were all present among others whose names he could not remember.

12. About a month after the supposed words, Sir Edward Terrell summoned this witness to speak with him. The witness went 3 or 4 days later with his rent, and Terrell asked him 'what railing speeches he heard Mr Pollard speake against him in the church'. The witness replied he did not hear Pollard speak any ill words of him. 'Whereupon Sir Edward Terrell said to this witness, 'Belike you could not hear as well as others,' and, saith this witness, could conceive that Sir Edward was a little angry with this witness for that time. And afterwards in the same houre, Sir Edward used this deponent kindlie.'

13. Mr Pollard was a grand jury man, of good estate, and 'an honest peaceable man' who paid all taxes 'freely and willinglie'.

To the rest he was not examined by Pollard's consent.

To Terrell's interrogatories:

4. The parties mentioned would all speak the truth 'for ought this witness knoweth'.

To the rest he was not examined by Terrell's consent.

Signed by Joseph Syred [his mark] and by commissioners Nicholls, Bate and Claver.

Submission

4/10, Submission

Between 9 and 11am on Thursday 12 July 1638, in the townhouse of Aylesbury, before the county's justices of the peace, Pollard was to stand 'in some eminent place bare headed' and 'with an audible voice, after the clerk of the peace or his deputy then and there reading it unto him, say as followeth:'

'Whereas I, John Pollard, by sentence definitive given against me in the Court Military by the right honorable Thomas Erle of Arundel and Surrey, Erle Marshall of England, stand convicted to have much abused and used very scandalous and disgracefull speeches against the right worshipfull Sir Edward Terrell of Thurnton in this county, knight and barronett, and especially these words followinge or the like in effect, vizt. That I would not be so verie a knave as Lench and his landlord, to take of a rate from themselves and to laie it upon there inferiors, and thereby, and by the words so verie a knave as Lench and his landlord, to have menconed and insinuated Sir Edward Terrell landlord to Mr Lench and to have called him knave. I do humbly acknowledge that I am hartily sorry for my such rash and unadvised speeches, and abuse offered to Sir Edward Terrell whom I doe acknowledge to be a worthy knight and barronett and noe such manner of man as is or may be insinuated by those speeches. And I doe hartily and humbly pray Sir Edward Terrell to remitt and forgive my said abuse of him and rash and scandalous speeches aforesaid, and I doe promise from henceforth to behave myselfe and carry myself with all reverence towards him and all others the gentry of this kingdome.'

Signed by Arundel and Surrey

No date [19 June 1638]

11/32/9, Certificate of submission

Wording of the submission as in 4/10.

'This submission is drawne up according to the order of the Court and sentence in this cause: [Dated] 19 June 1638'.

Signed by Gilbert Dethick.

'This submission was performed accordingly at the tyme and place aforesaid.' Signed by John Pollard and witnesses Christopher Perkins, clerk of the peace for co. Buckingham, John Branchester, John Chapman, John Turner.

John Watson, notary public, signed and authorised certificate of submission, 18 October 1638.

'This submission being performed Mr Pollard is to subscribe his name and to procure some witnesses present to testifie the performance, and Mr Pollard is alsoe to certifie the court the 20th of October next: [Dated] 26 June 1638':

Signed by Gilbert Dethick.

Summary of proceedings

Dr Duck acted as counsel for Terrell with Dr Talbot for Pollard. On 18 November 1637 Pollard was required to appear in response to a summons. On 28 November Dr Talbot was to required to respond to the libel. Sir Richard Ingoldsby, Richard Grenvell, esq, Roger Nicholls, esq, and George Bates, clerk, and also, Sir Alexander Denton, John Hamden, esq, Robert Smith, gent, and Marmaduke Claver, gent, were nominated as commissioners to meet at the Cock Inn, at Stony Stratford, co. Buckingham, from 20 to 22 of December 1637. On 27 January 1638 material was introduced at the petition of Dr Duck and on 3 February material was presented for the defence. On 12 February 1638 Sir Alexander Denton, Robert Smith, esq, Marmaduke Claver and Edmund Boldsworth, gents, and also Rich Ingoldsbie, Richard Trevile, esqs, Roger Nicholls, gent, and George Bate, clerk, were appointed commissioners to meet in the inn of Randolph Smith called the Cock in Buckingham from 28 to 30 March 1638. Pollard was required to certify performance of his submission and to pay the first instalment of expenses and damages due on 18 October 1638.

Notes

Sir Edward Tirrell of Thornton, co. Buckingham, knt and bart, was the son of Sir Edward Tirrell of Thornton, knt, and Mary, daughter of Benedict Lee of Hulcott, esq. The younger Sir Edward married Elizabeth, daughter of Sir Edward Watson of Rockingham Castle, co. Northampton, and also Elizabeth, daughter of Sir William Kingsmill of co. Hampshire. Neither Thomas Lenche nor John Pollard appear in the 1634 Visitation for Buckingham.

W. H. Rylands (ed.), The Visitation of the County of Buckingham made in 1634 (Publications of the Harleian Society, 53, 1909), p. 119.

Documents

• Defendant's case
  • Plaintiff interrogatories; 14/2mm (no date)
  • Defence depositions: Cur Mil II, fos. 191-214 (28-29 Mar 1638)
• Submission
  • Submission: 4/10 (19 Jun 1638)
  • Certificate of submission: 11/32g (20 Oct 1638)
• Proceedings
  • Proceedings before Maltravers: 8/29 (18 Nov 1637)
  • Proceedings before Maltravers: 8/30 (28 Nov 1637)
  • Proceedings before Maltravers: 1/5, fos. 1-15 (27 Jan 1638)
  • Proceedings before Arundel: 1/5, fos. 23-35 (3 Feb 1638)
  • Proceedings before Arundel: 1/5, fos. 38-56 (12 Feb 1638)
  • Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638)
  • Proceedings before Arundel: 1/6, fos. 1-9 (23 Feb 1639)

People mentioned in the case

• Abbot, John, yeoman
• Airis, Nicholas, yeoman (also Airs)
• Baldricke, John
• Barnard, Joseph
• Barton, William
• Bate, George, clerk
• Baylie, Robert
• Bolsworth, Edmund, gent (also Boldsworth)
• Branchester, John
• Budd, Thomas
• Chapman, John
• Claver, Marmaduke, gent
• Coxe, Thomas
• Cowles, Thomas the elder, freemason (also Coles, Colles)
• Cowles, Thomas the younger, freemason (also Coles, Colles)
• Cowley, George, servant / constable
• Davie, Christopher
• Davy, Thomas
• Denton, Alexander, knight
• Dethick, Gilbert, registrar
• Duck, Arthur, lawyer
• Eaden
• Fuller, John, yeoman
• Grenvell, Richard, esq (also Grenville)
• Hamden, John, esq (also Hampden)
• Howard, Henry, baron Maltravers
• Howard, Thomas, earl of Arundel and Surrey
• Hunt, John
• Ingoldsby, Richard, knight
• Johnson, Michael, husbandman
• Johnson, Miles
• Kingsmill, Elizabeth
• Kingsmill, William, knight
• Lee, Benedict, esq
• Lee, Mary
• Lenche, Thomas, gent
• Millicent, lady
• Newman, John, yeoman
• Nicholls, Roger, gent / esq
• Page, Robert, servant
• Perkins, Christopher, clerk of the peace
• Pollard, John, gent
• Samuel, William
• Smith, Randolph, innkeeper
• Smyth, Robert, esq
• Syrick, Joseph, yeoman (also Syreck, Syrecke, Syred, Syricke)
• Talbot, Clere, lawyer
• Taylor, Syrell
• Taylor, Thomas, yeoman
• Temple, Peter, knight
• Terrell, Edward, knight (also Tirrell, Tyrrell)
• Terrell, Edward, knight and baronet (also Tirrell, Tyrrell)
• Terrell, Elizabeth (also Tirrell, Tyrrell)
• Terrell, Mary (also Tirrell, Tyrrell)
• Trevile, Richard, esq (also Trevill)
• Tring, Michael
• Turner, John
• Warren, Thomas, yeoman
• Watson, Edward, knight
• Watson, Elizabeth
• Watson, John, notary public
• Whitacres, Thomas, husbandman (also Whittakers)
• Whitaker, John, labourer

Places mentioned in the case

• Bedfordshire
  • Eaton
• Buckinghamshire
  • Akeley
  • Aston Abbotts
  • Aylesbury
  • Bradwell
  • Hanslope
  • High Wycombe
  • Hulcott
  • Leckhampstead
  • Pitchcott
  • Steeple Claydon
  • Stony Stratford
  • Thornton
• Gloucestershire
  • Lechlade
• Hampshire
• Northamptonshire
  • Rockingham Castle
• Oxfordshire
  • Finbury?
  • Kirtlington

Topics of the case

• apparel
• assizes
• comparison
• constable
• giving the lie
• grand juryman
• high sheriff
• livery
• livestock
• previous litigation
• ship money
• taxation