AALT images for the Fuller case:
a, b, c,[appearance of petitioner]
England. Memorandum that on Tuesday immediately after the third week of Holy Trinity in this same term before the lord king comes John Pledall of Alderton in Gloucestershire esquire and Suzanna Michel late wife of a certain John Michel gentleman and gives the court of the said lord king now here to be understood and informed that,
[petitioners are free and faithful subjects]
whereas the same John and Suzanna are good, free, and faithful subjects and lieges of the lord king now and have remained and continued as good, true and faithful subjects and lieges of the kings and queens of this realm of England from the time of their birth always to this time,
[custom of quiet enjoyment of property free from oaths to reveal extent of property or crimes particularly after a pardon by letter patent or statute]
and whereas by the laws, statutes, and customs of this realm of England used and approved from time whereof memory of man runs not to the contrary it has been provided and used that all and every person and persons being free men and free subjects of this realm of England should have and enjoy their own proper goods and chattels to their own use and profit quietly and safely, and that the same free subjects should remain and continue safely, securely, intact and quietly and ought to remain and continue without any molestation, vexation, coercion or compulsion to manifest, declare, or publish on their oaths in any court of this realm of England or otherwise or elsewhere his or their estate, condition, or capacities or to confess and declare in any court within this realm of England which lands, tenements, goods, or chattels which he or they have or enjoy as their own or at some time had or enjoyed or otherwise to declare, manifest, or to accuse or to conceal themselves of any offence or crime by them committed or perpetrated (particularly when such person or persons by royal letters patent of this realm of England are pardoned or exonerated of such offence or crime or otherwise are remitted by the laws and statutes of this realm) to the nuisance, wounding, damage, prejudice, impoverishment or discrediting of such person or persons,
[common law jurisdiction over interpretation of letters patent]
and whereas all and all manner causes or businesses concerning letters patent of the lord king or of their progenitors kings of England as well as the exposition, interpretation, and allocation of such letters patent look or pertain to the lord king and his royal crown and not in any way to the ecclesiastical or civil forum,
[prosecution by Androwes against petitioners in High Commission]
a certain Richard Androwes of Burton on Water in county Dorset gentleman, not ignorant of the premises, scheming to oppress the abovesaid John Pledall and Suzanna against the due form of law and custom of this realm of England less rightly as well as to the disinheritance of the lord king now and his royal crown and the extirpation of the old laws and customs of this realm of England and to the vexation and perturbation of the king’s subjects of this realm of England by foreign and unaccustomed oppressions and molestations, made and procured the same John and Suzanna to be cited and convened to appear before Thomas by divine providence bishop of London, Edward Stanhope knight doctor of laws, Richard Swale knight doctor of laws, and other royal commissioners for ecclesiastical causes by pretext of letters patent of the said lord king now made to them and other their colleagues for such manner ecclesiastical causes in this part by sufficient authority and to answer before the same commissioners whatsoever ecclesiastical articles exhibited, objected, and proposed to them from the office of the said commissioners at the promotion and relation of the same Richard Andrews with that intention that the same John would publish, declare and manifest what lands, tenements, goods or chattels he the same John had at the time of the marriage had between him and a certain Katherine Androwes now wife of the abovesaid John or now has,
[High Commission articles under oath ex officio to inquire as to property and adultery]
and thus thereon on the appearance of the same John and Suzanna in the court Christian before the abovesaid commissioners of the lord king articles from the office (ex officio) of the same commissioners were exhibited at the procurement of the abovesaid Richard Androwes in the same court Christian against the abovesaid John and the abovesaid Suzanna to be answered by them and each of them, by which certain articles it was objected and articulated, among other things, against the same John that the abovesaid John at the time of the marriage had and solemnized between the same John and the aforementioned Katherine had in possession lands and tenements of the annual value of 1900, 1800, 1700, or at least 1500 pounds and well provided – in English “stocked”–with goods and chattels, and that the abovesaid John Pleydall now has lands, tenements, and hereditaments of an annual value of 600, 500, or at least 400 pounds per annum beyond the provision [that is, beyond the initial stocking] and chattels of unknown value, and further among other things with guile and craftily, for greater color to draw and make sure to answer that the same John and Suzanna had been adultering, it was objected and articled in the abovesaid court less justly by the procurement of the abovesaid Richard Andrews among other things that the abovesaid John Pledall absented himself from the companionship of the abovesaid Katherine his wife and that the same John illegitimately and habitually loved the abovesaid Suzanna Michell and that he conveyed the abovesaid Suzanna away from her abovesaid husband to the parish of Reigate in Surrey where the abovesaid John cohabited with the abovesaid Suzanna at table and chamber and that the same John and Suzanna in the year 1602, 1603, 1604, 1605 and particularly on March 23 in 1602 committed adultery as by those articles more fully is clear and appears, and the abovesaid Richard Androwes less justly constrained the same John and Suzanna to answer on their oaths to the abovesaid articles and to other articles concerning the premises exhibited in the abovesaid court Christian before the abovesaid commissioners whereas in truth the abovesaid John and Suzanna or either of them did not at all need nor ought to answer under their oath by the laws, statutes, and customs of this realm of England,
[royal pardon of petitioners]
and whereas also the lord king now by his letters patent bearing date at Westminster on May 16 in the fifth year of his reign of England, France, and Ireland and of Scotland the fortieth year proffered here in court for the greater security of the abovesaid John and Suzanna and for the avoidance of such manner unjust and malicious prosecution of the same John and Suzanna from his special grace by those letters patent he pardoned, remitted, and relaxed for himself, his heirs, and successors to the abovesaid John and Suzanna thereof all and singular crimes and offences of adultery, fornication, and incontinence as well as all and singular adulterous fornication and incontinence and other crimes, trespasses, and offences whatsoever committed or perpetrated by them or either of them before the date of the abovesaid letters patent and all and all manner suits and causes of suits done before the date of the same letters patent of which cognizance looks to the ecclesiastical forum and which are examinable and determinable in any court Christian or before any judge whatsoever or whatsoever ecclesiastical commissioners within the realm of England as well as all and all manner offences, contempts, escapes, rescues, and negligences of or for the same or any of them and flight or fleeing thereon done and all and singular suits, petitions, corporal penalties, public penalty, actions, fines, amercements, punishment, penalty and forfeiture whatsoever for the same offences or touching or concerning the premises or any of them by reason of them in anything, as by the same letters patent more fully is clear and appears,
[High Commission proceedings despite the pardon]
and although the abovesaid John and Suzanna pleaded and alleged all and singular the premises in the abovesaid court Christian before the commissioners abovesaid in their exoneration of and on the premises and showed the abovesaid letters patent concerning the pardon in this part to the aforementioned commissioners, the same commissioners nonetheless completely refused to admit those pleas and allegation and put off proving the abovesaid letters patent, and the abovesaid Richard Androwes tried mightily and schemed continuously to constrain the same John and Suzanna to answer of and on the premises on their oaths and to condemn them in that part by sentence of the abovesaid court Christian, in contempt of the said lord king now and the wounding and manifest disinheritance of his royal crown and to the damage, prejudice and manifest impoverishment of the same John and Suzanna and against the laws and customs of this realm of England, and this they are prepared to verify,
[petition for and grant of relief by writ of prohibition]
wherefore the same John and Suzanna humbly imploring the aid and munificence of the court of the lord king here seek remedy and the lord king’s writ of prohibition to the aforementioned commissioners in this part to be directed to prohibit them from holding further the abovesaid plea touching the premises in any way before them. And it is granted to them.
[security to prosecute on petition for writ of consultation]
And thereon comes here William Copley of Middle Temple, London, gentleman, and William Lygon of Middle Temple abovesaid, gentleman, in their proper persons and mainperned for the abovesaid John and Suzanna, and the same John and Suzanna undertook on themselves that if it should happen that the abovesaid Richard hereafter approach the court of the lord king here to prosecute the lord king’s writ of consultation or otherwise approach justices there of and on the premises, that then the same John and Suzanna will prosecute the said matter or suggestion with effect until the plea thereof is terminated in any legitimate manner, to wit, each of the said mainpernors under a penalty of ten pounds and the same John and Suzanna under a penalty of twenty pounds, which certain sum of ten pounds of the abovesaid mainpernors and the abovesaid sum of twenty pounds the abovesaid John and Suzanna acknowledge and each of them acknowledge can be made from their lands and chattels and be levied to the use of the lord king if it happen that the abovesaid John and Suzanna not prosecute with effect.