"The Warden answeareth that over and above the eleaven months aforesaid, yet from June 16th untill September 16, 1619, being 3 moneths, they two combyned in their exploits against the Warden without falling out (for ought the Warden knewe), but 16 September Boughton fell out with Harvey (one of his chamber felowes), whom Boughton assayled with his teeth, and bitt him by the thombe, whereof Whitbrooke, Willis, Harvey, and others there lodged, advised the Warden, wishing him to take some course. The Warden sent divers messages by the gaoler to Whitbrooke to remove thence and to lye elsewhere; he would not, sayeing none should remove him but by violence, and they were so strong there, as the Warden could doe nothing, none ells durst come amongst them. Holmes and Maunsell offered him libertie amongst other gentlemen upon bonds.
"The Warden acquainted the Lord Chauncellor of their fortifications, of some other stabbing there, of this particular brawle, and besought his lordshipp to send them to Newgate. The Lord Chauncellor comanded such motion to be made at the tyme of a seale; it was moved by Mr. Woomelayson, as appeares by his briefe, then his lordshipp wished oath to be made of this offence, and called for presidents[107] to remove them, in which meane tyme Boughton (being provoked and wounded by Whitbrooke) did stabb him, whereof he dyed within 13 dayes, and it was about 14 moneths after he wounded the Warden and stabbed his 3 servants as appeareth by the generall lodgeings and places where they laye, sometymes together, and sometymes severed, ensueing to be seene in the end of this answeare to this Article, and, if the testimony (which was long after delivered to the Warden, by a prisoner in the Fleete) be true, then the same Harvey, and one Tymothy Willis and Sir John Whitbrooke himselfe, did (of sett purpose) whett on Boughton to anger and quarrell, because they scorned Boughton and meant to assayle him.
"When Whitbrooke, Boughton, &c., ymured themselves upp in the wards as aforesaid, a view or survey of the roomes was given the Lordes of the Councell, and they (were) satisfied.
"After the tyme of the supposed quarrell (which was about Whitbrooke's and Boughton's fortifieing the house) they contynued lyeing where they were before, amongst others.
"Wheresoever they had lyen they might quarrell when they mett, as Whitbrooke many moneths before broke Willis his head with a pott or candlestick." These two ill-conditioned animals fell to loggerheads, and Boughton drew upon Whitbrooke, and so wounded him that eventually he died. And this shows the very lax discipline that then obtained in the Fleet. Of course, no weapons should have been allowed, but "It is alsoe alledged that Boughton did provide a sword, and it was brought him by a woeman from whom the porter of the Fleet tooke it, and delivered it to the Warden (as he did indeed) and therefore say their accusers that the Warden knew the same sword was to kill Whitbrooke.
"The Warden had it about a yeare and a halfe before this accident (of Whitbrooke's death) happened, and delivered it back againe to the woeman that brought it, with charge not to bring any thither whatsoever.
"It was avouched that the sword was Boughton's, and put to dressing to a Cutler, who sent it home againe, so as Boughton might have killed Whitbrooke with it before it went to dressing, if he had intended any such thing. Nay, Boughton had alwayes in his trunck (as appeared afterwards) a stilletto so keene, so cleane and ready, as would soone have done such a fact if he had meant it; yea, swords and other weapons want not in the Fleete, and the Warden cannot prevent it. This fact was mere accidentall, and not precogitate as the lawe hath founde it, which acquitted Boughton of Manslaughter upon his arraignement." Harris, I think, and, most probably, my readers will agree with me, has made out a very fair case in his own favour; but I must not deal with the other charges against him at such length.
Footnotes
[104] Presumably, from the town.
[105] Sigh.
[106] There was no blotting paper in those days, but pounce was used, which was either powdered resin, gum sandarach, or copal, or powdered cuttle fish. I believe that pounce may even now be bought at law stationers. It was dusted on to the wet ink by means of a pepper caster.
[107] Precedents.
