The case of Thomas Elwood bricklayer, and Richard Higginson mercer in Pater-noster-row, late alderman of London

The case of Thomas Elwood bricklayer, and Richard Higginson mercer in Pater-noster-row, late alderman of London

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THE CASE OF THOMAS ELWOOD Bricklayer, and RICHARD HIGGINSON Mercer in Pater-noſter-row, late Alderman of London.

THE CASE OF THOMAS ELWOOD Bricklayer, and RICHARD HIGGINSON Mercer in Pater-noſter-row, late Alderman of London.

[Page]

THat having taken a Leaſe of a Houſe in Pauls Church-yard upon the annual Rent 6lb and two Capons, for which the ſaid Higginſon receiv'd the Rent, and gave Acquittances in his own name to your Petitioner, that after this, one Richard Hodgſon Coſan to the ſaid Higgiſon came out of Ireland and ſealed a Leaſe of Ejectment upon the ſaid Houſe.

That then the Petitioner with ſome Witneſſes, deſired the ſaid Higginſon to defend the Title or produce his evidence, which he refuſed to do, but firſt ſaid that he had nothing to do with the houſe nor this Petitioner, and at another time ſaid that your Petitioner ſhould enjoy his Right, and not be wronged of the ſaid Houſe;

That after this the matter was by conſent put to Arbitration, but on his part, nothing was done in it: that thereupon your Petitioner exhibited a Bill in Chancery for relief againſt Higginſon, Hodgſon, and Steel. Steel then anſwered and declared that he had a Leaſe from Higginſon, after this, Hodgſon by his anſwer ſwore that he gave no authority to Higginſon, either by Letter of Attourney, nor any other way to let any Leaſe of the ſaid Houſe: but Higginſon not anſwering ſtood out to a Proclamation of Rebellion untill Hodgſons departure (ſuppoſed back into Ireland) and then by his anſwer ſweares that he had a Leaſe from Hodgſon of the ſaid Houſe, upon payment of a 100lb Fine, and a Pepper-corn yearly.

That then it came to a Hearing in Chancery, at which time Higginſon feed Sergeants to arreſt your Petitioner upon ſeveral feigned Actions, ſome of a 1000lb and then by his Counſell pleaded that he would have defended his Title to the ſaid Houſe, but had no notice to defend it, and that it was a meer colluſion between your Petitioner and one Iohn Elyas, and then thereupon it was ordered by the Court, that the Title ſhould be tryed at Law for the main profits and dammages (& whoſe Houſe it was) becauſe Hodgſon & Higginſon had ſworn point blanck one againſt the other.

That then your Petitioner and Higginſon came again to Arbitration of the matter by friends, and were bound in 500lb Bond to ſtand to the award of Mr. Richard Piggat Grocer, and another which alſo by Higginſons evil practiſes came to nothing.

That thereupon your Petitioner gained the matter to be referred to Alder. Tichburn, & Alder. Vi [...] and others, but the ſaid Higginſon being ſummoned refuſed alſo to appear before them.

That then your Petitioner Indicted Higginſon at Hixes-hall, for wilfull and corrupt Perjury, which Indictment was found by the Grand Iury, the Bench of Iuſtices thereupon iſſued forth a Warrant for Higginſon, who was taken upon it and brought before Alder. Ireton, by whom he was bound over to the next Seſsions upon his own Bond of 50lb and his Security in 40lb both which he forfeited on purpoſe to delay Iuſtice.

That thereupon the Bench granted another Warrant to your Petitioner, by which Higginſon was alſo taken and brought before Alder. Tichburn by whom he was bound in a 100lb Bond to anſwer at the next Seſsions: Higginſon thereupon by Certiorari removed the Indictment to the Crown-Office, where he and his Security was bound in two Bonds, the one of 80lb and the other of 40lb to bring the Cauſe to tryal next ſitting after Michaelmas Term laſt paſt before the Lord Chief Iuſtic Glyn, which Bonds he in like manner alſo forfeited and where your Petitioner attending with 3 Counſell, and 14 Witneſſes (upon promiſe the Cauſe ſhould be tryed) the record not being brought by Higginſon, the Cauſe was not tryed to your Petitioners very great dammage.

That the ſaid Higginſon being taken both by Sheriff Lawrence, & Sheriff Bateman upon ſeverall amercements iſſued out of the Crown-Office, ſtood out and forfeited all to the Commonwealth, but at length made his appearance this laſt Midſummer Term, the Perjury by the Rules of Court would have been tryed, as in next Michaelmas Term; the Premiſſes honourably weigh'd, and for that by ſuch potent unjuſt men, ſupported in their wickedneſſe by the corrupt practice of the Law) the juſt cauſe of the poor is deſtroyed, & the poor by them eaten up as they eat bread, and for that your Petioner by theſe impious practiſes is utterly ruined in his Eſtate, Credit and Calling, and his Wife and Children deſtroyed, and your Petitioner damnifyed above 500lb.

In tender conſideration whereof, and for that the ſaid Higginſon is now about the 27th of Iuly laſt paſt deceaſed, having left a very great Eſtate.

Thomas Elwood.

⟨Auguſt 4 1659.⟩

Information about this book

Title statement

The case of Thomas Elwood bricklayer, and Richard Higginson mercer in Pater-noster-row, late alderman of London

Elwood, Thomas.

Edition statement

1659

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-10 (EEBO-TCP Phase 1).

ID [DLPS]

A74966

ID [STC]

Wing E656

ID [STC]

Thomason 669.f.21[65]

ID [STC]

ESTC R211230

ID [EEBO-CITATION]

99869960

ID [PROQUEST]

99869960

ID [VID]

163560

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A74966)

Transcribed from: (Early English Books Online ; image set 163560)

Images scanned from microfilm: (Thomason Tracts ; 247:669f21[65])

Source

— The case of Thomas Elwood bricklayer, and Richard Higginson mercer in Pater-noster-row, late alderman of London, Elwood, Thomas..

Extent

1 sheet ([1] p.)

s.n.,. [London :: 1659]. (Imprint from Wing.) (In relation to an action of ejectment.) (Annotation on Thomason copy: "August 4. 1659.".) (Reproduction of the original in the British Library.)

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