731 Wren v Bannister

731 WREN V BANNISTER

Charles Wren of Lincoln's Inn, co. Middlesex, gent v Henry Bannister, under-sheriff of Lancashire, gent

No date

Abstract

Wren complained that Bannister had given him the lie in the Court of Exchequer when he had asked him why he had failed to execute an injunction of Baron Trevor, judge of assize, at Lancaster, granting lands in Lancashire to Wren. Bannister was taken into the Earl Marshal's messenger's custody, whence he petitioned Arundel to postpone the hearing until Michaelmas term to allow him to attend the king's service. No further proceedings survive.

Initial proceedings

EM345, Petition

'Your petitioner having obteyned an injunction out of his Majestie's honorable Court of Exchequer for the establishing of him in the possession of divers lands in Lanc., went to Lancaster at the last assizes to get execution of his injunction and before Mr Baron Treavor (one of the judges of that circuit) delivered a mandatt under the seale of the county palatine to one Henry Bannester undersheriffe of that county, who promised in the udges present that he would execute it with speed. Afterwards the undersheriffe used many dilatory excuses to cause your petitioner to stay upon purpose (as he imagined) to drawe him on to give a greater sum of money for the execution thereof then was fitting or reasonable, And the undersheriffe called your petitioner's friend aside and told him that he had as much more money (offered by the adverse party or some of his friends not to execute the writt) as was tendered to him by your petitioner, and, without his demands, refused to do anything. Your petitioner meeting with the undersheriffe in the Exchequer last term in peaceable and friendly manner asked him the reason of his neglect in not executing his writt, telling him also that affidavit was made thereof. The undersheriffe uncivilly told your petitioner that he might bring a fellow with him that would swear anything, and further in the presence of three witnesses used these disgracefull speeches, that it was a lye whosoever spake it, and, frowning in the face of your petitioner, said he would justify it wheresoever your petitioner durst. To whose unbeseeming language your petitioner (though much provoked) gave no other answer then that he would teach him better manners then to give the lye in that place before the Barons of the court sittinge.'

Petitioned that Bannister be brought to answer.

No date.

No signatures.

EM346, Defendant's petition

'Whereas (uppon the complaint of Mr Charles Wren, touching some words alleaged to be spoken against him by your petitioner) your petitioner is now under your lordship's command in the messenger's custodie.

Nowe, forasmuch as your petitioner being undersheriffe of the countie of Lancaster hath speciall occasion to attend his Majestie's service, besides other important affaires of his owne, the neglect whereof will be greatlie to his prejudice.

Most humblie prayeth your honor to be favourablie pleased, to defer the hearing of the matter until Michaelmas tearme next. And your petitioner will give sufficient securetie by bond for his appearance before your honor at such daie and place as your honor shall be pleased to sett downe.

And shall ever praie for your lordshipp's health and perpetuall happiness.'

No date.

No signatures.

Notes

Charles Wren was the second son of Sir Charles Wren of Binchester, co. Durham, knt, and Gertrude, daughter of John Thornhaugh of Fenton, in the parish of Sturton le Steeple, co. Nottingham. He was admitted to Lincoln's Inn on 4 May 1620 but died unmarried.

J. Foster (ed.), Pedigrees Recorded at the Visitations of the County Palatine of Durham, 1575, 1615, 1666 (London, 1887), p. 337; J. Foster and W. Pailey Baildon (eds.), Records of the Honourable Society of Lincoln's Inn, vol. 1: Admissions, 1420-1799 (London, 1896), p. 184.

Henry Bannister, under sheriff of Lancashire may have been Henry Banaster of the Banke [Bank Top], co. Lancaster, esq (d. c.1640), the son of Henry Banaster of the Banke, esq, (d.1614) and Ellen, daughter to Ralph Standish of Standish, co. Lancaster, esq.

F. R. Raines (ed.), The Visitation of the County Palatine of Lancaster made in the year 1664-5 (Chetham Society, 84, 1872), p. 23.

Documents

• Initial proceedings
  • Petition: EM345 (no date)
  • Defendant's petition: EM346 (no date)

People mentioned in the case

• Bannister, Henry, under sheriff (also Banaster, Bannester)
• Howard, Thomas, earl of Arundel and Surrey
• Standish, Ellen
• Standish, Ralph
• Stuart, Charles I, king
• Thornhaugh, Gertrude
• Thornhaugh, John
• Trevor, baron (also Treavor)
• Wren, Charles, gent
• Wren, Charles, knight
• Wren, Gertrude

Places mentioned in the case

• Durham
  • Binchester
• Lancashire
  • Bank Top
  • Standish
• Middlesex
  • Lincoln's Inn
• Nottinghamshire
  • Fenton
  • Sturton le Steeple

Topics of the case

• Court of Exchequer
• giving the lie
• inns of court
• other courts