1 268 GWYNN V LLOYD Jevan Gwynn of Llanina, in the parish of Llannarth, co. Cardigan, esq v John Lloyd of Llannarth, co. Cardigan, gent Trinity term, 1638 Trinity term, 1639 Name index: Eden, Thomas, lawyer Ellis, Robert, gent and servant Evan, David Lloyd ap, gent Evan, Mary Exton, Thomas, lawyer Griffith, John, yeoman Gwyn, Lewis, gent Gwyn, Miles, under sheriff Gwynn, Evan the elder (also Gwyn) Gwynn, Jevan, esq (also Gwyn) Howard, Henry, baron Maltravers Howard, Thomas, earl of Arundel and Surrey Hugh, Jenkins ap Rees ap, gent Jenkin, Morgan David, gent Jenkin, Morris, yeoman John, David Lloyd, gent John, Gwenlliana, spinster Lewis, Griffith Lewis, John, esq Lewis, John, innkeeper Lloyd, John, gent Lloyd, Reynold ap Evan Lloyd, Richard, gent Lloyd, Thomas Davis, gent Lloyd, William, gent Lloyd, ap Jevan ap Thomas, David Marten, Henry, knight Morris, Richard, clerk Owen, Richard, clerk Powell, John, gent Price, John, clerk Rees, Griffin, notary public Rees, Lawrence ap, yeoman Rees, Lewis, ap, alehouse keeper Rees alias Kelli, David Ruddy, Thomas ap, harper Ruddy, Thomas ap, yeoman Thomas, David Griffith, tailor Thomas, John ap Jevan, yeoman Watson, John, notary public William, David ap Evan ap, yeoman Place index:
2 Cardiganshire, Bron-gwyn Cardigan Henfynyw Llanbadarn Llandysul Llanfihangel-y-Creuddyn Llanina Llanllwchhearn Llannarth Llanrhystud Llanybydder Wales Subject index: apparel assault calling sirrah churchwarden comparison denial of gentility giving the lie imprisonment insult before gentlemen justice of the peace livery livestock office-holding scatological insult under sheriff Abstract Gwynn, a J.P., complained that Lloyd, a churchwarden of Llannarth, Cardiganshire, gave him the lie in public, in December 1637, saying I am as good a man as Mr Gwin, and a better; I will find noe suretyes for the peace; commit me to prison if you dare; I care not a turd for you or him. Lloyd admitted uttering the words, but claimed to have been provoked in a quarrel which began in Lewis ap Rees s alehouse in Llanina, in the presence of local yeomen and gentlemen. Gwynn maintained that he had a seat from his ancestors in the church at Llannarth. Lloyd told him he would only be entitled to a seat if he came to live in the parish, whereupon Gwynn, according to Lloyd s defence, tooke him by the breast of his doublet and shook him, calling him base rascall and scurvie fellow and telling him he must find sureties for the peace or else he would commit him to gaole. Lloyd replied that he could not do this until the morning, whereupon Gwynn had him sent to gaole and told him that he would question him elsewhere.
3 Process was under way by May June 1638 and Dr Eden, acting for Gwynn, was required to publish the testimony of his witnesses in November. Lloyd s witnesses were examined by a commission headed by another John Lloyd, in the inn of John Lewis in Cardigan on 7 January 1639. Several testified that Gwynn s father had been questioned for murder and had sought their help in the payment of commhortha. Lloyd also petitioned that he might prosecute one of the commissioners, Morgan David Jenkin, for obstructing testimony from his defence witnesses. He was supported by a certificate from the other commissioners and Lord Maltravers granted process for contempt on 24 May 1639 [see cause 381]. However, Gwynn won the case and Lloyd was fined 20 in damages. Documents Initial proceedings Summary of libel: R.19, fo. 2 (1638) Defendant s case Defence: Cur Mil I, fo. 59 (5 Dec 1638) Letters commissory for the defence: Cur Mil I, fo. 58a (5 Dec 1638) Defence depositions: Cur Mil II, fos. 66-7 (7 Jan 1639) Defence depositions: Cur Mil II, fos. 85-90 (7 Jan 1639) Certificate of commissioners: 6/155 (9 Jan 1639) Defendant s petition to Maltravers: 6/141 (24 May 1639) Sentence / Arbitration Plaintiff s sentence: 16/1j (no date) Defendant s sentence: 16/1i (no date) Plaintiff s bill of costs: 16/1m (Tri 1639) Defendant s bill of costs: 16/1n (Tri 1639) Proceedings Proceedings before Arundel: R.19, fos. 434r-449v (20 Oct 1638) Proceedings before Maltravers: R.19, fos. 454r-468v (6 Nov 1638) Proceedings before Maltravers: R.19, fos. 422r-428r (28 Nov 1638) Proceedings before Maltravers: R.19, fos. 474r-484v (5 Dec 1638) Proceedings before Marten: R.19, fos. 488r-490v (12 Dec 1638) Proceedings before Maltravers: 1/9 (28 Jan 1639) Proceedings: 1/7, fos. 36-47 (9 Feb 1639) Notes Initial proceedings R.19, fo.2r, Summary of libel Gwynn s place of abode is spelt here as Llanyenah. Gwynn and his ancestors for 200 and more years past is and have been gentlemen and soe commonly reputed. Lloyd (not withstanding) did publiquely before many persons say, you lye, or thou lyest, (often repeating the same); I am as good a man as Mr Gwin, and a better; I will find noe suretyes for the peace, commit me to prison if
4 you dare; I care not a turd for you or for him (meaning Mr Gwin), thereby to provoke and c. 1638 No signature. Defendant s case Cur Mil I, fo. 59, Defence 1.Gwynn s witnesses Jenkin ap Rees ap Hugh, David Lloyd ap Jevan, Thomas David Lloyd, David Griffith Thomas, Lewis Gwynn, Robert Ellis, Morris Jenkin, Lewis ap Rees, and Thomas ap Ruddy were all either related to him, his household servants or tenants, or they were capital enemies to Lloyd, or they were paupers who could be brought to depose anything. 2. John Lloyd within the time in the libel came to an alehouse or tapphouse in the parish of Llanina, and there found Jevan Gwynn drinking with divers persons of meane rank and qualitie, and had been soe drinking for [several hours] at the least. And when John Lloyd came into Jevan Gwynn his companie, Jevan Gwynn required John Lloyd to reserve a seate in the church of Llannarth for him, but John Lloyd answered and told Jevan Gwynn, that he could not so doe, for Jevan Gwynn was not of the parish of Llannarth, but of the parish of Llanina. And thereupon Jevan Gwynn in an angry and violent manner, without any provocation at all took John Lloyd by the shoulders and shook him and called him base rascall and scurvie fellow. And Jevan Gwyn, being a justice of peace, threatened him and tould him he would commit him to the gaole unless he did put in good bayle; and John Lloyd told Jevan Gwynn that it was late and within night (as indeed it was) and that he could not for the present give bayle, but would the next morning give what bayle he pleased. Notwithstanding Jevan Gwynn caused his servant to draw a mittimus to send John Lloyd to the gaole, and sent for the constable to have carried him to the gaole. 3. That the words were spoken by and through the provocation of Jevan Gwynn as in the next precedent. 4. Lloyd admitted the words in the libel yet claimed the words were spoken by and through the provocation of Jevan Gwynn as in the next article is set forth. 5. [Damaged] Lloyd pleaded to Arundel and the other judges for the cause to be discharged and his expenses paid. [Overleaf] Introduced 5 December, p.m. Cur Mil I, fo. 58a, Letters commissory for the defence Addressed to commissioners John Lewis, esq, John Lloyd, gent, Richard Owen, clerk, William Lloyd, gent, and also, John Price and Richard Morris, clerks, John Powell and Morgan David Jenkin, gent, to meet in a case of scandalous words provocative of a duel, from 8 to 10 January 1638/9 in the inn of John Lewis, in the town of Cardigan, co. Cardigan. Gilbert Dethick assigned Griffin Rees as notary public. Dated 5 December 1638. [Overleaf] Signed by Richard Owen, John Lloyd and William Lloyd.
5 Cur Mil II, fos. 66-67, Defence depositions Taken before the commissioners John Lloyd, gent, Richard Owen, clerk, William Lloyd and Morgan David Jenkin, gent, on 7 January 1639, in the inn of John Lewis in Cardigan, co. Cardigan, in the presence of Griffin Rees, notary public. fos. 66v-67r (Witness 1), Richard Lloyd of Llanrhystud parish, co. Cardigan, gent, born in Llanbadarn, aged about 64 1. He heard that Gwynn s father Evan Gwynn the elder did once goe along with his friends and others to begg and request their benevolence by way of comhortha (as it is termed) after that he had bin in trouble for the supposed killing of one Miles Gwyn *then being undersheriff of the county of Cardigan*. Lewis Gwyn was an especial friend to the plaintiff, while Robert Ellis was a household servant. Thomas ap Ruddy is a harper and one that sometimes liveth in house with the plaintiff, and weareth his livery and sometimes goes abroad to play in other men s houses for lucre and gaine. Signed by Richard Lloyd, and by the above four commissioners. fo. 67r (Witness 2), Reynold ap Evan Lloyd of Llanrhystud parish, co. Cardigan, gent, born in Llanbadarn, aged about 60 1. Robert Ellis was a servant in livery to Gwynn, and Thomas ap Ruddy was a harper who sometimes wore livery and lived with Gwynn. Gwynn s father was indicted for killing Miles Gwyn, under sheriff of Cardigan. Afterwards, Gwyn having escaped that danger went along his friends and others to begge and request their devocon by way of commhortha; and further sayeth that he knoweth not whether the agent can give any coat of armes or noe. Signed by Reynold ap Evan Lloyd, and by the four commissioners. fo. 67v (Witness 3), David ap Evan ap William of Llannarth parish, co. Cardigan, yeoman, born in Llanbadarn, aged about 60 1. Gwynn s father had been in trouble for the supposed killing of one Miles Gwyn. Afterwards, Gwyn came to the witness and his father to request their devocon by way of commhortha towards the repair of his charges and expenses in that trouble; and they gave him between them a weather then being tenants to the grandfather of this now defendant. Robert Ellis and Thomas ap Ruddy, the harper, were servants to Gwynn and lived in his house. Signed by David ap Evan ap William [his mark], and by the four commissioners. fo. 67v (Witness 4), John ap Jevan Thomas of Llandysul parish, co. Cardigan, yeoman, aged about 77
6 1. Robert Ellis was a household servant of Mr Evan Gwyn. Signed by the four commissioners. Cur Mil II, fos. 85-90, Defence depositions fo. 85r (Witness 5), Jenkins ap Rees ap Hugh of Llannarth parish, co. Cardigan, gent, born there, aged about 80 1. He believed but did not know for certain that Gwynn was a gentleman paternallie descended. Gwynn s father Evan Gwyn the elder did give some badge upon coates to his men in livery when he was sheriff. Many years ago Gwynn s father was gathering and desiring the devocon of his friends and others in the church of Llannarth. The witness was of kin to Gwynn, as was David Lloyd ap Jevan ap Thomas. Robert Ellis was a servant and tenant to Gwynn, Morris Jenkin a tenant, and Thomas ap Ruddy a servant in livery and a harper. In the last sessions for co. Cardigan there were lawsuits between Gwynn s tenant and the defendant John Lloyd. Signed by Jenkin ap Rees ap Hugh and by commissioners Richard Owen, John Lloyd, William Lloyd. fo. 85v (Witness 6), David Lloyd ap Evan of Llanllwchhearn parish, co. Cardigan, gent, born there, aged about 68 1. He was of kin to Gwynn, Robert Ellis was servant in livery to the plaintiff, Morris Jenkin was his tenant and Thomas ap Ruddy was a harper and how he liveth he knoweth not. Signed by Daniel Lloyd ap Evan and by the above three commissioners. 8 January 1638/9 fos. 85v-86r (Witness 7), Robert Ellis of Llanryhstud parish, co. Cardigan, gent, lived there for 20 years, aged about 32 1. He had been a servant in livery to Gwynn for 20 years. Thomas ap Ruddy, a harper had been liekwise for 2 years. Gwynn and David Lloyd ap Jevan and Jenkin ap Rees ap Hugh called each other cousins. Morris Jenkin and Lewis ap Rees were tenants to Gwynn. David Griffith Thomas was subfarmer to Gwynn and held tithe in Llannarth parish from him. 2. At the time in the libel, Gwynn and Lloyd, with Lewis Gwyn, Thomas David Lloyd and Hugh ap Ruddy came to Lewis ap Rees s alehouse and drank there for an hour until nightfall. This witness, David Griffith Thomas, Lewis ap Rees and Thomas ap Ruddy were there drinking by themselves, while Lewis Gwyn, Thomas David Lloyd, Morris Jenkin and Hugh David ap Ruddy were drinking with Gwynn and Lloyd. Gwynn told Lloyd that he had a seat from his ancestors in Llannarth parish church, where Lloyd was churchwarden. Lloyd replied that he should have no seat at all there whereupon Mr Gwyn said he would have the seat and John Lloyd thereupon gave him the lie. Gwyn put his hand upon John Lloyd s shoulder and said that he would commit him to gaole unless he would find sureties for the peace and John Lloyd
7 denied to give any sureties whereupon Mr Gwyn told John Lloyd that he would seek noe sureties or baile for the peace of him then but that he would question him elsewhere. Signed by Robert Ellis and by the above three commissioners. fo. 86v (Witness 8), John Griffith of Henfynyw parish, co. Cardigan, yeoman, lived there for 30 years, born in Bron-gwyn, aged about 70 1. Robert Ellis was a servant in livery to Gwynn and Morris Jenkin was a tenant to Gwynn. Signed by John Griffith [his mark] and by the above three commissioners. fo. 86v (Witness 9), Mary Evan of Llannarth parish, co. Cardigan, lived there for 20 years, born in Llanllwchhearn parish, aged about 55 2. On the day of the supposed quarrel, Lloyd was at her house, being near Lewis ap Rees s alehouse, where Gwynn was drinking. Daniel Gwynn, the plaintiff s son, approached Lloyd and asked him to accompany him to Lewis ap Rees s alehouse where Gwynn was drinking. The defendant did so. Signed by Mary Evan [her mark] and by the above three commissioners. fo. 87r (Witness 10), David Lloyd John of Llandysul parish, co. Cardigan, gent, born there, aged 65 1. He had heard that Gwynn s father was questioned for killing a man, and that after he was freed he went to his friends and others to desire by way of commhortha their gratuities; and amongst others came to [Lloyd John s] father for his gratuitie, and he gave him a sheep or a weather. Signed by David Lloyd John and by the above three commissioners. fos. 87r-v (Witness 11), Gwenlliana John of Llannarth parish, co. Cardigan, spinster, born there, aged 18 2. On the day of the supposed quarrel between Gwynn and Lloyd, Lloyd was at Marie John s house near Lewis ap Rees s alehouse where Gwynn was drinking. Daniel Gwyn, the plaintiff s son, approached Lloyd and asked him to accompany him to Lewis ap Rees s alehouse. Lloyd did so and they drank there for over an hour until after nightfall, when Gwynn and Lloyd quarrelled. Signed by Gwenlliana John [her mark] and by the above three commissioners. fos. 87v-88v (Witness 12), Richard Lloyd of Llannarth parish, co. Cardigan, gent, lived there for 3 years, born in Llanfihangel-y-Creuddyn parish, aged 22 1. David Griffith Thomas was a tailor and was often working at Gwynn s house. Robert Ellis had been for many years a liveried servant of Gwynn. Lewis ap Rees was
8 a poor alehouse keeper and a tenant of Gwynn. Thomas ap Ruddy had been a liveried servant to Gwynn for a year, and was a harper who hath noe meanes to live (to the knowledge of [Richard Lloyd]) but what he gettes by his harpe. 2. In December 1637 Gwynn s son Daniel Gwyn came to Lloyd at Mary Evan s house in Llannarth parish and requested him to accompany him to Lewis ap Rees s alehouse in Llannima parish, where he found Gwynn drinking with Lewis Gwyn, Thomas David Lloyd, Robert Ellis, Morris Jenkin and Thomas ap Ruddy. They drank together from about 3pm til 7pm, although some of the above company were sometimes in a different room. Gwyn told Lloyd that he would have a seat reserved for him in Llannarth parish church. Lloyd, one of the churchwardens, told Gwyn he would have no seat in that church unless he came to live in the parish. Soon afterwards Lloyd and Thomas David Lloyd, in jesting manner speaking one to another, [Gwynn] in an angry manner tooke Lloyd by the breast of his doublet and shooke him thereby and termed him, Sirra, and told him that he must find sureties for the peace, and unless he would find baile he would commit him to gaole. Gwynn then called his servant Robert Ellis and wished him to write a commitment or mittimus against Lloyd; nevertheless, the mittimus was not then made at all, for that Lloyd then said that he was contented to give any sureties the next morning, and thereupon the parties departed out of the house. 3. After Gwynn had shaken Lloyd, he, being provoked thereby, told Gwyn that he was as good a man as he, excepting his commission. Signed by Richard Lloyd and by the three commissioners. fos. 88v-89r (Witness 13), Morris Jenkin of Llanina parish, co. Cardigan, yeoman, lived there for 15 years, born in Llannarth parish, aged about 30 1. David Griffith Thomas was a tailor with no certen place of abode but hath a bedd and lodging at the house of Griffith Lewis in Llanina when he happeneth to come thither. Robert Ellis was a liveried servant to Gwynn. The witness was a tenant upon one of Gwynn s estates, manuring the same upon half the profits thereby. Lewis ap Rees was one of Gwynn s tenants and an alehouse keeper. Thomas ap Ruddy was a liveried servant to Gwynn, who sometimes went out with his harp to earne and get his living thereby. 2. In December 1637, he was drinking at Lewis ap Rees s alehouse with Gwynn and Lloyd, Thomas David Lloyd, Lewis Gwyn and others, where they drank from an hour before sunset until it was far in the night. Gwynn and Lloyd argued over seating in Llannarth church; and Gwynn clapt his hand upon Lloyd s arm or breast and required him to find him sureties or bale for the peace; and Lloyd thereupon answered that he would yield him sureties if it should be requisite so to do. Gwynn went homeward soon after and the witness gave him a candle to light his way, until the witness stumbled and the candle went out. 3. After Gwynn had clapt Lloyd upon his arme or breast, Lloyd by that provocation gave Gwynn some hot words. Signed by Morris Jenkin [his mark] and by the above three commissioners. fos. 89r-v (Witness 14), Lawrence ap Rees of Llanina parish, co. Cardigan, yeoman, born there, aged about 32
9 1. As witness 12, except that this witness was also a poore tenant to Gwynn and an alehouse keeper. 2. In December 1637, he came home one nightfall and found Gwynn and Lloyd, Lewis Gwyn, Thomas David Lloyd, Morris Jenkin, Richard Lloyd and Daniel Gwyn drinking there together where they continued until two hours after sunset. He heard Gwynn require sureties for the peace from Lloyd but did not know why. Mr Gwyn lived in the parish of Llanina, which was not in the parish of Lannarth. All taxation in the parish of Llanina are defrayed and disposed towards the church of Llanina and noe parte thereof towards the church of Llannarth. Signed by Lawrence ap Rees [his mark] and by the above three commissioners. fos. 89v-90r (Witness 15), Thomas ap Ruddy of Llanina parish, co. Cardigan, yeoman, lived there for 3 years, born in Llanybydder parish, aged about 33 1. He had been a liveried servant to Gwynn for 3 years, but sometimes went abroad with his harp to earn his living. He claimed he had never received wages for his service from Gwynn. 2. In December 1637 Gwynn and Lloyd and others were drinking together at Lewis ap Rees s alehouse in Llanina from about 1 or 2pm until after nightfall, when there was a quarrel between them and Gwynn did clappe his hand upon Lloyd s shoulder and wished him to find sureties of the peace otherwise he would bind him. Signed by Thomas Prydderch and by the above three commissioners. fos. 90r-v (Witness 16), Thomas David Lloyd of Llannarth parish, co. Cardigan, gent, born there aged about 29 1. Gwynn called the witness cousin. 2. In December 1637 he was with Gwynn, Lloyd and Lewis Gwyn drinking at Lewis ap Rees s alehouse from an hour before sunset until 1 ½ hours after nightfall. Gwynn and Lloyd quarrelled over a seat in Llannarth church, where Lloyd was churchwarden. Gwynn wished Lloyd to find sureties for the peace or else he would commit him to gaole. Lewis Gwyn was overgone in drink because he lay for a long time with his head upon the table amongst all the company and there slept. He believed the rates and taxes of Llannarth and Llanina were of two distinct parishes. Signed by Thomas David Lloyd and by the above three commissioners. 6/155, Certificate of commissioners Letter of commissioners to Earl Marshal, certifying the partial conduct of Morgan David Jenkin, fellow commissioner: Right honorable, Our bounden dutie most humblie acknowledged. May it please your Lordship to be advertised that, according to the tenor of your Lordship s honorable letters of commission from your Lordship s Military Court to us, and to John Lewis esq, John Price, Richard Morris cleric, John Powell and Morgan David Jenkin gent, directed for examination of witnesses in a matter defensive there executed by John Lloyd gent
10 against Evan Gwyn esq. We have these 7 th, 8 th and 9 th dayes of January 1638[/9] mett together with our associate Morgan David Jenkin at the dwelling house of John Lewis scituate in the towne of Cardigan, in the countie of Cardigan, as by the letters we were required, when and where we, together with our associate Morgan David Jenkin, have sworne and examined the number of xiii witnesses on the behalfe of John Lloyd upon the matter defensive, to the deposicons of some whereof Morgan David Jenkin subscribed his name, and was for all the time of examining the rest of the witnesses present with us interrogating and examining of them, and interrupting and for speaking what some of them should depose in the matter, and afterwards refused to subscribed to their deposicons. Further advertising your lordship that the defendant affirmed before us that he had procured one Lewis Gwyn gentleman to be served with a precept under the hands of us John Lloyd and William Lloyd to appear before us this time and place to be examined as a witness on his behalf in the matter, and that xii d in money was tended to Lewis Gwyn towards his charges, which Gwyn neverthelesse appeared not before us this time. Likewise advertising your lordship that one David Rees alias Kelli appearing before us and by us sworne to testify in the matter departed before his examination. All which we made bould to signifie to your lordship for further therein to be done as to your lordship s grave wisdome may seeme convenient; and so we submissively take leave, resting. From the house of John Lewis scituate in the towne of Cardigan in the county of Cardigan. 9 January 1639. Signed by Richard Owen, John Lloyd, William Lloyd and John Watson, notary public. 6/141, Defendant s petition to Maltravers Most humbly sheweth that, in the last terme there issued out a commission out of this honorable court for the examining of witnesses in the cause directed to John Lewis esq, John Price, Richard Moris clerkes, John Powell and Morgan David Jenkin, gent, at the execution of which commission your petitioner produced divers witnesses that Morgan David Jenkin, appearing therein a party rather then an indifferent commissioner, did interrupt your petitioner s witnesses in the delivery of the truth of their severall knowledges touching the matter, not suffering them to depose anything, but what he instructed them, neither would he subscribe to any deposition wherein he conceived anything was proved for your petitioner. All which by a certificate from his fellow commissioners already delivered into this honorable court, the copy whereof is hereunto annexed, doth appear, upon the reading of which certificate in the open court the right honorable Earl Marshall was pleased to declare it very fitt that Morgan David Jenkin should be examined upon interrogatories touching his carriage and abuse. Your petitioner therefore humbly prayeth your lordship s process of monition against Morgan David Jenkin to answeare articles in a case of contempt. Maltravers granted process on 24 May 1639. Sentence / Arbitration
11 16/1j, Plaintiff s sentence Lloyd had given Gwynn the lie and said doe thy worst, I am as good a man as thou art. Lloyd fined 20 damages and the case was taxed at 20. Signed by Thomas Eden and Lord Maltravers. 16/1i, Defendant s sentence Spaces for damages and expenses left blank. Unsigned, no date. Trinity term, 1638: 16-0s-8d Michaelmas term, 1638: 20-9s-4d Hilary term, 1638[9]: 6-4s-0d Easter term, 1639: 3-4s-0d Trinity term, 1639: 9-10s-8d Total: 55-8s-8d 16/1m, Plaintiff s bill of costs Trinity term, 1638: 6-0s-0d Vacation: 15-13s-4d Michaelmas term, 1638: 3-6s-0d Hilary term, 1638/9: 2-17s-8d Vacation: 9-0s-0d Easter term, 1639: 3-12s-0d Trinity term, 1639: 11-10s-8d Total 52-0s-0d Signed by Thomas Eden. Taxed at 20 Signed by Maltravers. 16/1e, Defence s bill of costs Summary of proceedings Dr Eden acted as counsel for Gwynn and Dr Exton for Lloyd. Eden was required to prove the libel on 20 October 1638 and publish the testimony of the prosecution witnesses on 6 and 28 November. Dr Exton was to prove the material for the defence from December 1638, and to pass on statements from the commissioners for the defendant s witnesses on 9 February 1639. Notes