318 Hungerford v Broad

318 HUNGERFORD V BROAD

Edward Hungerford of Windrush, co. Gloucester esq v John Broad of the same, yeoman

June 1639 - October 1640

Abstract

This cause developed out of a history of quarrelling between two familes from the parish of Windrush, Gloucestershire, which went back to James's reign when Broad had been involved in lawsuits against Hungerford's mother and father and had, allegedly, defrauded the local taxpayers of sums raised for the knighting of Prince Henry. Hungerford, a Gloucestershire J.P., listed a series of insults delivered by Broad over an eighteenth month period between mid-1637 and late-1638 in London, Compton-in-the-Hole, Gloucestershire and Burford, Oxfordshire. He said that he 'was a better man than Justice Hungerford... for that I payed more for ship money then hee; and that I, John Broad, had obteyned a commission from the king to curbe the justices, but I would not publish it untill Mr Hungerford was sitting amongst them and then I would say to him come downe proud Ned Hungerford; and also further to have said that Mr Hungerford was a fifty pound justice and that I was as good a man as Justice Hungerford if I could gett a red coate, and desired a woman standing by to lend me her petticoate to make me a redd coate.' The pair clashed over a variety of matters during this period. Broad maintained that he was rated more heavily for ship money than Hungerford and, in his capacity as constable of Windrush, boasted that he had a warrant to arrest the J.P. for non-payment of the levy. Hungerford and Dr Whittington procured Broad's arrest and imprisonment for scandalous words, and on 28 March 1638 Broad appeared before the county quarter sessions where he was bound over for good behaviour. Broad claimed that on this occasion he had been acquitted of uttering the words in Hungerford's libel leaving him to bring his action in the Court of Chivalry. Process was granted on 20 June 1639. Broad defended himself by attacking the reputations of the prosecution witnesses and claiming that he was not even present on the occasion he was alleged to have spoken the scandalous words. Among those he called to testify for him was John Lesly, vicar of Windrush. However, he was found guilty in June 1640 and sentenced to pay £40 damages. He was also ordered to perform his submission before the quarter sessions for Slaughter hundred, co. Gloucester, where he was to acknowledge his faults, pray for Mr Hungerford's forgiveness and promise to behave himself respectfully towards him and other gentlemen. It appears, however, that Broad defaulted on the performance of part of his sentence because on 10 October 1640 the court ordered that he be attached and committed to prison for contempt.

Initial proceedings

6/108, Petition

'Humbly sheweth that, your petitioner being descended of the family of the Hungerfords, and a justice of peace within the county of Gloucester, hath received many fowle and unsufferable abuses, affronts and disparaging speeches from one John Brode of Windrush in the county of Gloucester who said he was a better man than Ned Hungerford, meaning your petitioner; and that your petitioner was a prowd gent; and called your petitioner the 50^li a year justice and the slender justice; and that your petitioner being in London in Michaelmas Terme 1637 durst not stay there longer for feare he should be layde up; and at an other time said that if he had but two things, to witt a redd coate and longe haire, he were as good a man as Justice Hungerford; and that he cared not for your petitioner nor Mr Dutton for he could have more lawe for a gamon of bacon then they could have for 100^li expence, by all which and many other provoking and undervalewinge speeches by Brode uttered at severall times who continually endeavoreth to wound your petitioner in his birth and reputation.'

Petitioned that Broad be brought to answer.

Maltravers granted process on 20 June 1639.

6/109, Plaintiff's bond

29 June 1639

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by Edward Hungerford.

Sealed and delivered in the presence of Humphrey Terrick.

6/80, Defendant's bond

28 June 1639

Bound to appear 'in the Court in the painted Chamber within the Pallace of Westminster'.

Signed by John Broad.

Sealed, subscribed and delivered in the presence of John Watson.

Acta (5), fo. 167, Personal answer

1. He denied speaking any of the words mentioned in the libel. 'Mr Edward Hungerford, since the pretended time of speaking of the pretended words and before the beginning of this suite, [did] convent Broad by warrant before himself and one Doctor Whittington, Mr Hungerford and Doctor Whittington being both justices of the peace for that county; and Mr Hungerford and Doctor Whittington made a mittimus and sent Broad to prison for and consearneing his misdemeanour in the matters or words in this cause. Mr Hungerford and Doctor Whittington did bind Broad over to appear and answer the premises at the next generall sessions holden for that countie, and in the mean time to enter in bond with security for his good behaviour'.

2. 'Broad, being bound over, did appear at the next generall quarter sessions of the peace and before the whole bench of justices, for the pretensed speaking of the pretensed words, was dismissed; and divers witnesses sworne and examined on the behalf of Mr Hungerford against Broad concerning the pretensed words and in regard that the witnesses then and there produced by Mr Hungerford could not and did not depose anie thing against Broad touching the words. Broad was discharged by the court and bench of justices at those generall quarter sessions.'

3. 'Lewes Jones at the time of his production and examination in this cause was and is a man of evil life and conversation, a notorious and capitall enemie of John Broad, and hath asked counsel of divers or at least one counsellor at lawe how he might commence one or more suites against Broad.'

4. 'Robert Trender, another witness produced and examined in this cause on the behalf of Mr Hungerford... were and are poor beggarly fellows, and of no credit or repute in the country where they live, and are men that for favour or reward may be easily drawne to depose untruly upon their oaths and for such are commonly accompted reputed and taken.'

5. 'Lewes Jones and Robert Trender have deposed that the pretended words in the libel were spoken at an alehouse nere Yanworth wood in the parish of Compton in the Hole in the presence of them, Lewis Jones and Robert Trender, John Wheeler and Thomas Wheeler on a day happening in or about the latter end of Aprill or beginning of May in the yeare 1638...John Broad was never in companie with Lewis Jones, John Wheeler and Thomas Wheeler in the months of Aprill or May 1638 att an alehouse neere Yanworth wood aforesaid but once and att that time when John Broad and Lewis Jones were in companie together, Robert Trender was not present, but was att worke cutteing wood in Yanworth wood aforesaid and 100, 50 or 40 yards distant from the alehouse and so farr off as he could not possibly heare what was spoken by anie man in the house.'

6. 'Margerie Jackson and Jone Ghest two other witnesses produced and examined in this cause... were and are poore beggarly people of noe credit or reputation and such as may be easily drawne to sweare untruly and are so commonly accompted reputed and taken.'

No date.

No signature.

Plaintiff's case

14/3ll, Defence interrogatories

1. The witnesses were warned against the crime of perjury. What was the witness's age, occupation, condition and means of supporting themselves? Where had they lived during the past seven years?

2. Was the witness related to or a household servant of Hungerford? Did they wear his livery? In what degree and place did they serve, and what was their annual wage?

3. Had the witness been instructed how to depose in this cause?

4. Concerning the words in the 4, 5 and 6 articles of the libel? 'What were the very words soe spoken and upon what occasion or cause; and how or by whose meanes did the falling out and difference betweene Mr Hungerford and John Broad happen'? In what place and at what time of day, week and month were the words spoken?

5. Did Hungerford provoke Broad immediately before the words were spoken?

6. Between March and July 1638, was Broad taxed for 30 shillings ship money while Hungerford was only taxed at 20 shillings? Had Broad said that he was taxed for more ship money than Hungerford?

7. During the years and months in the libel, had Broad been constable of the parish of Windrush?

8. While Broad was constable was a warrant delivered to him by Sir Thomas Richardson, knight, Lord Chief Justice of the King's Bench or Common Pleas or from some other justices of the peace to apprehend Hungerford for non payment of ship money 'or for some other misdemeanour or offence'?

9. Had Broad served this warrant upon Hungerford, 'or at least told him that he had such a warrant'?

10. After the warrant had been served did Hungerford 'fall at variance and difference with Mr John Broad, and abused or misused him in words and deedes? Let him such witness specifye the same abuse and words.'

11. Whether the 'pretended scandalous words [in the libel] spoken and uttered (if any were)' happened after Hungerford had abused Broad and not before.

12. Had the witness 'any way, or by any meanes, solicited and prosecuted, or doth solicite and prosecute, this suite or cause, directly or indirectly, for and on behalf of Mr Edward Hungerford; or hath paid or promised to pay any fees or hath given or promised to give, any rewards or instructions to advocate, proctor or register, touching or concerning the prosecution or following of this cause against John Broad, directly or indirectly. Let him specify every particular some of money, reward and matter or instruction so given and to whom by name.'

13. Was Hungerford only a J.P. for Slaughter hundred in co. Gloucester?

No date.

No signature.

Defendant's case

R.19, fo. 11v, Summary of defence

'John Broad of Windridge in com. Gloucester, by way of defence and exception to the witnesses of Edward Hungerford of the said parish, esq, the plaintiff in this court, sayes that as to the words [in the libel], Mr Hungerford and Doctor Whittington being both justices of peace, since the speaking of the pretended words, committed Broad to prison for Broad's misdemeanour in the matters or words in this cause..., and bound him over to appear at the next quarter sessions, where Broad before the whole bench of justices, upon full examination of the witnesses, was discharged. And sayes that the witnesses are poore, beggarly and of an evill life and conversation, to which noe credit is to be given. All which is true andc.'

1639

No signature.

Acta (5), fo. 160, Letters commissory for the defendant

Addressed to commissioners Thomas Wilde, clerk, Samuel Broad, clerk, John Lesly, clerk and Nicholas Webe, gent, and also, Dr Thomas Temple, Edmund Goodieare, esq, John Chamberlayne, esq and John Hickes, clerk, to meet on the 2-4 January 1640 at the Antelope, 'Norliege' [Northleach].

Humphrey Terrick assigned John Watson as notary public.

Dated 9 December 1639.

Signed by Humphrey Terrick.

Acta (5), fo. 161, List of witnesses

John Lesly, Nicholas Webbe, Gabriel Sherle, Thomas Wheeler, Robert Wright, Thomas Huett, Richard Blisse, Robert Hall.

No date.

Acta (5), fo. 163, Plaintiff's interrogatory

12. 'Doe you not know or have you not heard by others, that Broad is greatly impeached in his credit, and was a long tyme imprisoned for his former evill course of life. And have you not heard, that at this present, he standeth bound over by recognizance to appeare att the next sessions for the peace, to be holden for the Libertie of the Hundred of Slaughter upon a suspicion of felony.'

No date.

Signed by E. Hungerford.

Acta (5), fo. 164, Plaintiff's interrogatory

13. 'Aske Mr Webbe whether he doth not sollicite any business in the Court of Honor in the behalf of Broad, or hath not taken fees of him for any other businesse, or to which of the parties he would paie the victory unto if it were in his power.'

No date.

No signatures.

Acta (5), fo. 165, Plaintiff's interrogatory

'This to be added to the end of the 12^th Interrogatory'

1. 'When and where was that generall sessions for the peace held and before whom? What Justices were present?'

2. 'Whether that sessions were not kept at Stow on the Wold for the libertie of the hundred of Slaughter in the county of Gloucester, the 28^th day of March 1638. And was there not,at the same time, divers articles presented unto the ustices, subscribed, sworne unto and proved against John Broade, all of them upon the complaints of sundry persons; and was not that alone the occasion that Doctor Whittington, and Mr Hungerford required Broad to give bond, for his appearance att the Sessions, and for his good behaviour in the meane tyme?'

3. 'Whether was there any one article relating, or concerning any the articles [in the libel ]against John Broad, by Mr Hungerford in the Court of Honor?'

4. 'And was not John Broad bound unto his better behaviour long before the speaking of the words [in the libel] in the 7^th article?'

5. 'And doe you not know, or have you not heard others report of the justices present at the aforesaid sessions: viz. [that] Sir Robert Tracy knight, John Dutton, esq, William Morton, Doctor Whittington, Bray Ayleworth, William Stratforde, and Edward Hungerford esqs, did then order, that Broad should remaine and continue bound unto the good behaviour, upon his recognizance taken before Sir Nicholas Overbury and upon the only complaints aforesaide; and whether to your knowledge, he be yet discharged therefrom?'

6. 'Doe you not know, or have you not heard others report, that John Broad, is a troublesome contentious man, a mover of unnecessary suites, and controversies amongst neighbors?'

7. 'Doe you not know, or have you not heard say, he hath wasted and spent a good parte of his estate in law?'

8. 'Have you not heard him brag that the knowledge of the law hath cost him a thousand pounds?'

9. 'Have you not heard him say or some others reporte, that he hath sayed, he had rather goe to law with Mr Hungerford then to his dinner, when he came hungry from plow?'

10. 'Doe you not know, or have you not heard say, that for thirty yeares and more, he was a notorious and profest adversary unto the father and mother of Mr Hungerford: and did he not commence many suites against them and their servants?'

11. 'And what was the cause as you doe know or have heard? Was it not because Mr Hungerford the father did call him in question, and did prosecute him, for defrauding the king's Majestie (of happy memory) and certaine free holders, within the Hundred of Slaughter in the county of Gloucester, of somes of mony, payde by them as ayde money, att the knighting of Prince Henery, and for forging of acquittances and counterfeiting the deputy receivers hand, to the said acquittances.'

No date.

No signatures.

Acta (5), fo. 166, Plaintiff's interrogatory

1. The witnesses were warned of the penalty for perjury and bearing false witness. What was their age, occupation and condition of living for the last seven years? How did they know the parties?

2. Was the witness a relative of Broad's, if so, in what degree? Was the witness a household servant to Broad? What was their relationship to Broad?

3. Was the witness a subsidy man? For how much was he taxed for ship money, and what did he pay, and to which party would he give victory?

4. Had the witness talked to any of the other witnesses, or with any other person concerning his deposition? Had the witness been taught or instructed what to depose?

5. Was Edward Hungerford 'a gentleman discended of an ancient family, and doth he not live in the ranke and quality if an esquire, or gentleman and is he not, and hath he not beene for divers yeeres last past a justice of the peace for the libertie of the Hundred of Slaughter within the county of Gloucester, and soe commonly accompted, reputed and taken'?

6. Was John Broad 'by his course of life a yeoman or husbandman, and noe gentleman, and soe commonly accounted reputed and taken, and doth he not usually goe to plough, and cart, and doe other such like husbandrie worke with his owne hands and exercise himself in that course of life'?

7. Did the witness know that between March and July 1638, John Broad, within the parish of Compton-in-the-Hole, co. Gloucester, or in other places nearby, in 'a scornefull and contumelious manner publiquelie before divers persons of credit, speaking of, or unto, Edward Hungerford, did say and affirm that he was a better man than Justice Hungerford, for that he paid more to the ship money then Edward Hungerford did; and that John Broad had obtained letters of commission from his Majesty whereby he would lopp [sic] and curbe Edward Hungerford, and dismisse him out of the commission of peace, but that Broad would not do it until Mr Hungerford were sitting in his pride with other his fellow commissioners and then he would saie unto him, come down proud Ned Hungerford; and what other words of contempt, reproach or contumacy hath such witness heard or knowne that John Broade hath spoken of or against Mr Hungerford within the time aforesaid? And did not he say of Mr Hungerford what is he, he is but one of Mr Mortons justices'?

8. 'Whether, within the months and yeare in the next precedent interrogatory menconed within the parish of Little Barrington in the county aforesaid, or in other places adjoining, did not John Broade speaking unto or of Mr Hungerford (whoe did sometimes use to weare a scarlet coate) saie and affirme that he had the precedencie of Mr Hungerford; and he could goe to the brokers and buy an overworne scarlet coate and then he could goe amongst gentlemen, or to the same effect'?

9. Whether in 1638 in Windrush, co. Gloucester, 'and other places and parishes neere adjoyninge, did not John Broade in the presence of divers persons of good quality publiquely say that he was a better man then Ned Hungerforde because he paid more for ship money then Mr Hungerford? And did not Broad oftentimes or at least once call Mr Hungerford proude gentleman and the 50^li a yeere justice, and the slender justice or the like in effect. And what other words of scorne and contempt to the same effect did John Broade utter and speake unto or of Mr Hungerford within the said time as such witness doth knowe or hath heard'?

10. Whether between April and August 1637, in Burford, co. Oxford, did not John Broad, 'speaking in scorne and contempt of Mr Hungerford before divers persons of credit say, that if he had but two things, he were as good a man as Justice Hungerford, vizt. a redd coate, and long haire. And did not Broade, in scorne and contempt of Mr Hungerford, then speake to a woeman standing by (one Jane Thewde) and desired her to lend him her petticoate to make him a redd coate, or the like in effect/ And what other words to the same or the like effect did Broade then utter in contempt of Mr Hungerford as such witness doth knowe or hath heard'?

11. 'Since the speaking of the words [mentioned in the libel] in this cause, and before the beginning of this suite [did] Mr Hungerford together with Mr Doctor Whittington did make a mittimus and send Broad to prison for and concerning Broads misdemeanour in the matter or words [mentioned in the libel]; or did bind Broade over to appear and answere the same att the next generall quarter sessions for that county? Whether was such witness present att any time and when before Mr Hungerford and Doctor Whittington when there was a mittimus made to send Broade to prison, or bond taken of Broade; and were there not some other complaints made against Broade by some of his neighboures and others; that caused Broade to be bound to answere the same att the next generall sessions: and what were the complaints as such witness doth knowe, believe, or hath heard credibly reported'?

12. 'Whether Broade were punished, and what punishment did he receive; and for what cause; and what wordes were objected to him by the justices att the generall sessions; and did not the justices of the peace att the sessions discharge Broade without any punishment for the words [mentioned in the libel], leaveing Mr Hungerford to take his remedy against Broade in this court, as such witness doth knowe, believe or hath heard credibly reported'?

13. 'Whether doth such witness know Lewes Jones, Robert Trender, Andrew Taylor, Joane Ghest, Bartholomew Bradshawe and Margery Jackson? Are they not persons of good name and fame, of honest life and conversacon and such as will not for sweare themselves or be drawne to depose untruly on their oaths? And are they nor soe comonly accompted reputed and taken'?

No date.

Signed by Arthur Duck.

Acta (5), fos. 144-53, Defence depositions

fos. 144r-146r (Witness 1), John Lesly, clerk, vicar of Windrush, co. Gloucester for 15 years, aged 41, born at Aberdeen in Scotland

To Broad's defence:

1. '...that about two yeares since, the tyme hee doth not otherwise remember, and since the pretended time of speaking the predeposed words in the libel, John Broad was convented before Mr Doctor Whittington and Mr Hungerford, but saith [Lesly] was not present when Broad was before Mr Doctor Whittington and Mr Hungerford and therefore doth not know what articles were exhibited against Broad. Neither doth know what was charged against Broad but believeth that it was for the words [mentioned in the libel] for that he never heard of any other cause why Broad should be soe convented before them.'

2. 'That he was present at the generall sessions and did there hear Broad called; and Broad did then appeare before the justices. But what he was soe convented for he knoweth not, but believeth he was convented then and there for some misdemeanour against Mr Hungerford.'

3 and 4. 'He hath heard Lewis Jones speake maliciously and [Lesley] conceived against John Broad.'

Signed by John Lesly and commissioners Thomas Temple, John Hickes and Thomas Wilde.

To Hungerford's first set of interrogatories:

1. He had known Hungerford and Broad for 18 or 19 years as both were among his parishioners.

3. He was no subsidy man and was taxed for ship money at 5 shillings. He favoured the parties indifferently.

5. He believed Mr Hungerford was a gentleman 'descended of an auncient family and doth live in the ranke of a gentleman and for divers yeares last past hath beene a justice of peace for the libertie of the hundred of Slaughter and is soe reputed.'

6. John Broad was a yeoman or husbandman, 'and noe gentleman as he believeth, and doth sometime goe to plough and carte and exercise himselfe in husbandrie.'

9. He had heard that Broad about two or three years ago in Windrush had said that 'Mr Hungerford was a 50^li Justice' and that Broad had said that he had heard others speak the same. Broad spoke these words 'about the tyme when he was bound to the good behaviour.'

13. He knew all the parties mentioned.

To Hungerford's second set of interrogatories:

1. The general sessions were held about 'Easter last was Twelvemonth as this deponent remembreth and saith there were present att the sessions Sir Robert Tracie knt, John Dutton, esq, Mr Doctor Whittington, Mr Morton, Mr Ailworth and whoe else he nowe remembreth not.'

2. The sessions were held at Stow-on-the-Wold about the 28 March.

6. Negative '...and saith if anie reporte as is menconed in this interr[ogatory] hee believeth they are Broad his enemies and doe him wronge.'

7. Negative, 'and saith he believeth Broad hath as good an estate as ever he had.'

10. '...that he hath heard that there have beene suits betweene Mr Hungerford's father and John Broad.'

Signed by John Lesly and commissioners Thomas Temple, John Hickes and Thomas Wilde.

fo. 147r (Witness 2), Richard Blisse of Stow-on-the-Wold, co. Gloucester, miller, for 15 years, aged about 30, born at Emlord [possibly Elmley Castle or Elmley Lovett], co. Worcester

To Broad's defence:

1. and 2. 'About Easter was Twelvemonth last past John Broad came to [Blisse] and desired [him] to goe with him to Sir Nicholas Ufferburie, knt; and []Blisse] accordinglie goeinge with him was by recognizance before Sir Nicholas Ufferburie bound for John Broad his appearance att the next sessions, to answeare for the speakinge of some wordes against Mr Hungerford as Mr John Broad told [Blisse]; and hee saith John Broad did appeare accordingly.'

Signed by Richard Blisse [his mark] and the above three commissioners and John Lesly.

fos. 147v-148v (Witness 3), Gabriel Sherle of Yanworth in the parish of Hazleton, co. Gloucester, labourer, born there, aged about 40

To Broad's defence:

6. One day in 'May last was two years anno 1637 John Broad came to buy trees att Yanworth wood and Mr Jones, Robert Trender, John Broad, one Robert Coates, John Wheeler, Thomas Wheeler and one Wright went to [Sherle's] house near Yanworth wood in the parish of Haslerton [Hazleton]. They stayed there for an hour and drank and ate, and then went into the wood and after they had bargained for some trees they all departed and went home. [Sherle] was present with them from the beginning to the end of this time together. [Sherle] certainly knew that John Broad was not at this time in company with Lewis Jones and the rest of the parties at Wheelers house in the parish of Compton Abdale as mentioned in the libel, but was at [his] house. After Broad went from [his] house, together with the rest of the company, they departed one from the other and went homeward toward their dwellings; 'and he saith John Broad was not present att any other time in 1637 att [Sherle's] house, in company with [him] to [his] best remembrance.'

To Hungerford's first set of interrogatories:

1. 'He never knew Mr Hungerford before this present day and saith he never sawe John Broad before the tyme that he was att Yanworth wood.'

2. Negative.

3. 'He was no subsidy man and was not taxed for payment of ship money and saith he favoureth the parties in this suite indifferently.'

Signed by Gabriel Sherle [his mark] and by the three commissioners.

6. 'John Broad is a yeoman and soe accompted; and [Sherle] hath seene him goe to carte and hath seene him helpe to load his carte.'>

fo. 149r (Witness 4), Thomas Wheeler of Compton Abdale, co. Gloucester, husbandman, born there, aged about 26

To Broad's defence:

6. He was never present in company with John Broad at a house near Yanworth wood in the parish of Compton Abdale, co. Gloucester and was never present at all in company with John Broad near Yanworth wood, 'but once, and that was about May last was two yeares att the house of Gabriel Sherle in the parish of Haslerton [Hazleton], co. Gloucester and within a bowe suite [sic] of the parish of Compton Abdell; and there was att that tyme and place present John Broad, Lewis Jones, Clarke, Gabriel Sherle, Robert Cotes, Robert Wright and [himself].'

Signed by Thomas Wheeler [his mark] and by the three commissioners.

fos. 149v-150r (Witness 5), Robert Wright of Little Barrington, co. Gloucester, shoemaker, lived there for 4 years, born at Chedworth, co. Gloucester, aged about 40

To Broad's defence:

3 and 4. He believed that Lewis Jones was an enemy to John Broad, 'for that [Wright] comeing to dwell in the parish of Barrington where Mr Jones is vicar, Mr Jones caused [him] to procure sureties to secure Mr Jones. And thereupon [Wright] procured John Broad to bee suretie for him and afterward, vizt. about three quarters of a yeare since, the sayd Mr Jones told [him] that hee used him the more hardly or the worse because of Broad.'

6. He was never present with Mr Jones, Rober Trender, Thomas Wheeler and John Wheeler or any of them at an alehouse near Yanworth Wood in the parish of Compton Abdale, co. Gloucester. He was never with Lewis Jones, Thomas Wheeler and John Wheeler near Yanworth wood 'but once, and that was att the house of one Gabriel Sherle in the parish of Haslerton [Hazleton], co. Gloucester neere unto the parish of Compton Abdell in May last was two yeares.'

Signed by Robert Wright [his mark] and by the three commissioners.

fos. 151r-v (Witness 6), Nicholas Webbe of Burford, co. Oxford, gent, born there, aged about 44

To Broad's defence:

3-4. Lewis Jones did bear John Broad evil will and was Broad's enemy, 'for that a little before Michaelmas last was twelvemonth Lewis Jones came to [Webbe] att his house in Burford and did there advise with [him] being a student of the comon lawes howe he might commence a suite in the high court of Starchamber against John Broad; and afterward, upon consideracon [Webbe] telling Mr Jones that the cause would not hold in the Starchamber against Broad, Lewes Jones told this deponent that he would spend 100^li or 200^li or some great sume of money, nay he would spend his estate to be revenged on Broad for Broad his frameing a scandalous letter against him Mr , Jones, as Mr Jones then told [Webbe].'

Signed by Nich. Webbe and commissioners Thomas Temple, John Hickes and Thomas Wilde.

To Hungerford's second set of interrogatories, 3 January 1640:

13. 'He doth solicite this cause in the Court of Honor on the behalf of Broad and hath taken fees of John Broad for the dispatch of businesse in other courtes and saith he would give the victorie to him that hath most right thereto if it were in his power, and accordinge to justice.'

Signed by Nich. Webbe and the three commissioners, and John Lesly.

'3 January 1639[40]'

fo. 152r (Witness 7), Robert Hall of Norliege [Northleach?], co. Oxford, tiler, born there, aged about 54

To Broad's defence:

2. 'About Easter last was twelvemonth, John Broad, being bound over to the sessions, did appeare att the sessions att Stowe on the Wold which [Hall] knoweth to be true for that John Broad, beinge not very well, did goe into a house neere the sessions house and wished [Hall] to stay in the sessions house and heare when Broad was called, and then to call Broad which he did accordingly.'

Signed by Robert Hall [his mark] and the three commissioners and John Lesly.

fos. 152v-153v (Witness 8), Thomas Huett of Windrush, co. Gloucester, yeoman, born at Hampnett, co. Gloucester, aged about 53

To Broad's defence:

1. 'About August last was two years Mr Hungerford sent for [Huett] and wished him to bidd John Broad to come to Mr Doctor Whittington and him; and thereupon [Huett] went to Broad his house and there found Broad not well, lyeinge on his bedd; and Broad told [Huett] that he could not go with him; and thereupon [Huett] goeing backe to Mr Doctor Whittington and Mr Hungerford and telling them that Broad was not well they made a mittimus and charged [Huett] being a constable to carrie Broad to prison for divers misdemeanours that by the mittimus appeareth, but what misdemeanour or whether for any words [mentioned in the libel] he knoweth not. And thereupon [Huett] on the morrowe morninge did carry Broad to Stowe; but the Gaoler Pesly would not receyve him. And thereupon Broad and [Hett] and another man went to St Nicholas Ufferburie, kt [Overbury] and there Broad was bound to appeare att the next sessions att Stowe; and [Huett] was bound for his appearance.'

2. 'Broad did appeare att the sessions at Stowe, but whether the matter [mentioned in the libel] was there discussed [he] knoweth not.'

Signed by Thomas Huett [his mark] and the three commissioners and John Lesly.

To Hungerford's first set of interrogatories:

5. He believed Mr Hungerford was a gentleman descended of an ancient family and lived in the fashion of a gentleman, and that for several years had been reputed a J.P. for Slaughter hundred.

6. 'John Broad liveth in the fashion of a yeoman and [Huett] hath seene him goe to plough and doe other worke of husbandrie.'

To Hungerford's second set of interrogatories:

5. He heard Mr Hungerford say that John Broad did continue bound to the good behaviour.

7. He believed John Broad had spent a great deal of money in lawsuits.

12. He had heard that Broad was bound over to answer at the next sessions for suspicion of felony.

Signed by Thomas Huett [his mark] and the three commissioners and John Lesly.

Sentence / Arbitration

17/6m, Plaintiff's sentence [damaged]

Broad had said 'he was a better man than justice Hungerford for he paid more to the ship money, and that he had obtained... justice but he would not publish them until Mr Hungerford was sitten among them, and then he would... Hungerford, and that he was a fifty pounds Justice, and that he was as good a man as Justice Hungerford... a woman standing by to lend him her petticoate to make him a redd coate'.

Hungerford was awarded £40 damages [this sum was crossed out and the edge of the document where the revised sum was inserted is missing], and the cause was taxed at £20.

No date marked but filed under 'secunda sessio: 15 June 1640', Trinity term, 1640.

Signed by Arthur Duck.

17/6h, Plaintiff's bill of costs

Easter term, 1639: £6-1s-8d

Trinity term, 1639: £10-10s-6d

Michaelmas term, 1639: £17-3s-4d

Hilary term, 1639: £6-13s-0d

Vacation: £12-10s-0d

Easter term, 1640: £8-18s-0d

Trinity term, 1640: £17-6s-8d

Sum total: £91-10s-6d

Signed by Arthur Duck.

Taxed at £30.

No date marked but filed under second session, 15 June 1640.

Signed by Lord Maltravers.

Submission

4/50, Submission

Dated 2 July 1640

Broad was to perform his submission between 2 and 3pm at the next sessions for Slaughter Hundred, co Gloucester, standing bareheaded in some place determined by the Justices of the Peace and 'with an audible voice':

'Whereas I, John Broad, stand convict... to have much abused Edward Hungerford of Windridge in the county of Gloucester, esq, and in particular to have said that I was a better man than Justice Hungerford meaning Edward Hungerford, for that I payed more for ship money then hee; and that I, John Broad, had obteyned a commission from the king to curbe the justices, but I would not publish it untill Mr Hungerford was sitting amongst them and then I would say to him come downe proud Ned Hungerford; and also further to have said that Mr Hungerford was a fifty pound Justice and that I was as good a man as Justice Hungerford if I could gett a red coate and desired a woman standing by to lend me her petticoate to make me a redd coate. I do hereby humbly acknowledge that I am heartily sorry for those my rash and abusive speeches and that I did Mr Hungerford great wrong by uttering of the same and the sentence of the High Court Military against me for the same to be most just and honourable; and I do hereby heartily pray Mr Hungerford to forget and forgive my speeches and do hereby acknowledge him to be one of his Majestie's justices of the peace for the hundred of Slaughter in the county of Gloucester and doe promise hereby to behave myself forever hereafter toward Mr Hungerford and all the gentry of this kingdom with due observance and respect.'

Let this submission be made in manner and form aforesaid'.

Signed by Maltravers

[Overleaf]

'This submission being performed in manner aforesaid John Broad is to subscribe his name thereto and to desire some persons of quality present to testify his performance thereof by subscription of their names and to certify the same with these present in the Courte Military the second Courte day of Michaelmas Terme next ensuinge.

This submission is drawne according to the sentence.'

Signed by William Lewin, Registrar.

Summary of proceedings

Dr Duck acted as counsel for Hungerford and Dr Merrick for Broad. On 10 October 1640 it was ordered that Broad be attached and committed to prison for contempt.

Notes

An Edward Hungerford 'of Windrich', co. Gloucester is mentioned in the Visitation of Gloucester of 1623 as having married Dorothy, daughter of John Latton of co. Berkshire, esq. He was appointed to the commission of the peace for co. Gloucester in July 1633.

J. Maclean and W. C. Heane (eds.), The Visitation of the County of Gloucester, 1623 (Publications of the Harleian Society, 21, 1885), p. 90; J. Broadway, R. Cust and S. K. Roberts (eds.), A Calendar of the Docquets of Lord Keeper Coventry, 1625-40 (List and Index Society, special series, 34, 2004), part 1, p. 68.

Documents

• Initial proceedings
  • Petition: 6/108(20 Jun 1639)
  • Plaintiff's bond: 6/109 (29 Jun 1639)
  • Defendant's bond: 6/80 (28 Jun 1639)
  • Personal answer: Acta (5), fo. 167 (no date)
• Plaintiff's case
  • Defence interrogatories: 14/3ll (no date)
• Defendant's case
  • Summary of defence: R.19, fo.11 (1639)
  • Letters commissory for the defendant: Acta (5), fo. 160 (9 Dec 1639)
  • List of witnesses: Acta (5), fo. 161 (no date)
  • Plaintiff interrogatories: Acta (5), fo. 163 (no date)
  • Plaintiff interrogatories: Acta (5), fo. 164 (no date)
  • Plaintiff interrogatories: Acta (5), fo. 165 (no date)
  • Plaintiff interrogatories: Acta (5), fo. 166 (no date)
  • Defence depositions: Acta (5), fos. 144-53 (3 Jan 1640)
• Sentence / Arbitration
  • Plaintiff's sentence: 17/6m (15 Jun 1640)
  • Plaintiff's bill of costs: 17/6h (15 Jun 1640)
• Submission
  • Submission: 4/50 (2 Jul 1640)
• Proceedings
  • Proceedings: 1/11, fos. 56r-64v (10 Oct 1640)

People mentioned in the case

• Ayleworth, Bray, esq (also Ailworth)
• Blisse, Richard, miller
• Bradshawe, Bartholomew
• Broad, John, yeoman (also Brode)
• Broad, Samuel, clerk
• Chamberlayne, John, esq
• Coates, Robert
• Duck, Arthur, lawyer
• Dutton, John, esq
• Ghest, Joan
• Goodieare, Edmund, esq
• Hall, Robert, tiler
• Hickes, John, clerk
• Howard, Henry, baron Maltravers
• Huett, Thomas, yeoman
• Hungerford, Edward, esq
• Jackson, Margery
• Jones, Lewis
• Latton, Dorothy
• Latton John, esq
• Lesly, John, vicar
• Lewin, William, registrar
• Merrick, William, lawyer
• Morton, William, esq
• Overbury, Nicholas, knight (also Ufferburie)
• Sherle, Gabriel, labourer
• Stratforde, William, esq (also Stratford)
• Stuart, Henry, Prince of Wales
• Stuart, James I, king
• Taylor, Andrew
• Temple, Thomas, Dr
• Terrick, Humphrey
• Thewde, Jane
• Tracy, Robert, knight
• Trender, Robert
• Watson, John, notary public
• Webbe, Nicholas, gent (also Webb)
• Wheeler, John
• Wheeler, Thomas, husbandman
• Whittington, Dr
• Wilde, Thomas, clerk
• Wright, Robert

Places mentioned in the case

• Gloucestershire
  • Chadworth
  • Compton Abdale
  • Compton-in-the-Hole
  • Hampnett
  • Hazleton
  • Little Barrington
  • Northleach
  • Slaughter Hundred
  • Stow-on-the-Wold
  • Windrush
  • Yanworth
• London
• Middlesex
  • Westminster
• Oxfordshire
  • Burford
• Scotland
  • Aberdeen
• Worcestershire
  • Emlord

Topics of the case

• allegation of cheating
• apparel
• comparison
• constable
• contempt
• justice of the peace
• office-holding
• other courts
• previous litigation
• quarter sessions
• ship money
• Star Chamber
• taxation