The CASE of Richard Radley Gent. Now Prisoner in the KINGS-BENCH. THAT the now Lord Chief Justice Scroggs, being Lord of the several Manors 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 Copyhold Message, and divers Copyhold Lands, of 35 l. Yearly value, held of the said several Manors; And which were then the Estates and Inheritance of one Thomas Danwood, Uncle 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 Lordship's Under-Tennants of the Premises; Which being brought to Trial at Chelmsford, the Summer Assizes 1675. The said Thomas Danwood, (upon full Evidence on all sides,) obtained a Verdict against his Lordship's 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 Uncle, 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 Uncle 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 Lordship's 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 controversy 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 Lordship's 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 Lordship's 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 testify the words besides Whitehead, but that his Lordship would defer the further Examination of that matter, until his being in the Country at Whitsuntide: And so his Lordship dismissed Radley for that time. In Whitsun 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 door; 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 Cobbler going to make new Oaths against me? Ralet thereupon demanded, What have you got to say to my Lord Chief Justice? Radley thereunto replied, 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, which he proved by Divers Persons of Credit then present; And never but then had Radley any discourse with Ralet, after the aforesaid Trial, between them at Summer Assizes, 1679. Neither was any thing of this further taken notice of, (to Radleys' knowledge,) until September following. Radley went with his Uncle Danwood to wait upon the said Lord Chief Justice, 3. Sep. 1679 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, 〈◊〉 past. 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 than last passed; Radley Spoke 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, 5. Sep. past. and carried to his Lordship's House; where Radley entered into a Recognizance of One Hundred Pound; with two Sureties in Fifty Pound a piece for Radleys' appearance in the King's 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' Bail 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 King's 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 Tried 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 Goal, though he offered Unquestionable Bail for his Liberty. At the Instance and Charge of the said Lord Chief Justice Scroggs, 14. July last. Radley is removed from Chelmsford by Ha. Cor. and on the Fifteenth of June came over a Prisoner to the King's 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 paid 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 King's Bench, 19: July last 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 paid; 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 lies in Prison for Nonpayment; And for Relief therein, hath preferred his Petition, to the Right Honourable the House of Commons, in Parliament Assembled.