STAC 5/A15/21

Court of Star Chamber:

Henry Anderson the elder of Newcastle upon Tyne v Anthony Felton, John Smith, Dorothy Rawe alias Draper

Transcript: Dave King

Bill of Complaint:

dated on reverse:

20 Oct 40 Eliz.

Willm Mill

[T]ho Wrightington Attornat p[er] defend.

To the Queenes most Excellent Ma[jestie]

In most humble mann[er] Compleyninge sheweth & Informeth unto Your most Excellent Ma[jestie] your heighnes loyall sub[jec]te & daylie suppliant Henrye Anderson thelder of your heighnes towne of Newcastell upon Tyne Marchant That whereas Sr Tho Smyth knight late Deane & the chapter of the Cathedrall Churche of the holy & undevysable Churche in Carlisle being seised in fee as in the right of the said Chapter of & in all that moytie or one halfe of the tythe Corne sheaveas of the p[ar]ishe of St Nicholas of Newcastell aforesaid, And they beinge thereof so seised by their Indenture of lease beareinge date the xxth daye of Januarye in the xth yere of your ma[jesties] most happie raigne & sealed w[i]th their Comon Chapter seale for sundrye Causes them specyally movinge & namely for the good & faithfull service by one Roger Robinson to the Deane & Chapter done & to be done, did demise & to fearme lett to the s[ai]d Roger Robinson & his assignes All that their said moytie or one halfe of the s[ai]d tythe Corne & sheaves of the said p[ar]ishe of St Nicholas of Newcastell yerely Cominge Rysinge renewinge & growinge w[i]thin the lymittes & boundes of the s[ai]d Rectorye or p[ar]ishe of St Nicholas of Newcastell afores[ai]d To have & to hold to the s[ai]d Roger Robinson & his ass[igns] from & Imedyatly after the xpiracon determinacon forfeiture or surrender of a lease thereof made by Lanncelott Salkeild late pryor of the s[ai]d Churche & the Covent there in the Feast of St Peter the advincula Ao Dm 1537 unto the full ende of 41 yeres in such & as ample mann[er] & sorte as one Wm Bewicke the f[er]rmor of the same or any other f[er]rmors had or did then hold the same, And yelding payinge & doinge as in & by the s[ai]d Indenture of lease more at lardge yt doth & may appeare, After w[hi]ch the said Roger Robinson being so lawfully possest of the interest aforesaid according to the said demise The said Roger by his deed bearinge date the viijth day of August in the 21 yere of your Ma[jesties] Raigne for good cause & Consideracons him thereto movinge & for a some of money payde unto him by one John Smyth of Carlisle afores[ai]d notary publique did give grannt & assigne ov[er] to the s[ai]d John Smythe his executors adm[ini]strators & assignes, all that his whole right tytle intereste clayme & demannd w[hi]ch he the s[ai]d Roger Robinson had of in & unto the afores[ai]d moytie of the Corne & sheaves of the said Rectorye or p[ar]ishe Churche of St Nicholas in Newcastell afores[ai]d By force & vertue of the fores[ai]d demise & lease of the p[re]misses to him the s[ai]d Roger Robinson made as aforesaid togeather w[i]th the s[ai]d Indenture of lease, And the said John Smyth being of the interest of the s[ai]d Roger Robinson in & unto the p[re]misses & of the fores[ai]d Indenture of lease lawfully possest the s[ai]d John Smyth knowinge that your s[ai]d sub[jec]te was then p[re]sent farmor of the p[re]misses by meane Conveyance had & made from & under Wm Bewicke lessee to the fores[ai]d pryor & Covent as afores[ai]d The s[ai]d John Smyth did therefore in or about August in the 26 yere of her Ma[jesties] Raigne come unto your s[ai]d sub[jec]te & did offer to sell & assigne ov[er] unto your s[ai]d sub[jec]te all his estate interest & demannd in & to the p[re]misses And the fores[ai]d Indenture of lease made as before ... by the s[ai]d Deane & Chapter to the s[ai]d Roger Robinson, And by the s[ai]d Robinson to him the s[ai]d John Smythe as afores[ai]d assigned, where upon your s[ai]d subiecte did for a good some of money to him before hand payd to the said John Smyth purchase & obteyne from him the s[ai]d John Smythe all his s[ai]d estate interest & demannd in & unto the p[re]misses & s[ai]d Indenture of lease, and by vertue thereof was & is thereof nowe lawfully possest But so yt is yf yt may please your most excellent Ma[jestie] that one Anthonye Felton an attorney in your heighnes Court of Common plees at Westm[inster] by cullor & Countenance of the lawe making yt his usuall & ordynarye practize to range & seeke after other mens lyvinges to be pryinge into other mens tytles & greedely thirstinge after this your sub[jec]tes said purchase & tytle of the s[ai]d moytie of the s[ai]d tythe Corne & sheaves of the s[ai]d p[ar]ishe of St Nicholas of Newcastell & the s[ai]d Indenture of lease & seekinge by all wayes how to attayne yt & to gett & obteyne the same or some p[ar]te thereof unto his owne use from your said Subiecte, Therefore he the s[ai]d Anthony Felton did Repayre unto the s[ai]d John Smythe whom he understood to be a decayinge & declyninge man from his better estate therefore apte to be delt w[i]thall & to be corrupted & drawen to his the s[ai]d Anthonies purpose And the said Anthony Felton did then conferre & bestowe upon him the s[ai]d John Smythe guyftes in money & other rewardes & did then breake owte practize & Confederate to & w[i]th the said John Smythe how to effecte & for to bringe aboute his former lewde intente & purpose & howe to gett & obteyne the p[re]misses, or some p[ar]te thereof from your s[ai]d sub[jec]te, And forasmuch as this his lewde & wicked purpose could not be any wayes effected but by impeachinge the right & tytle of your s[ai]d sub[jec]te, Therefore the s[ai]d Anthony Felton & the s[ai]d John Smythe first agreed practized & confederated togeather, that he the s[ai]d John Smythe being the assignee as before to the fore s[ai]d Roger Robinson of the fores[ai]d tythes & Indenture of lease made by the s[ai]d Sr Thomas Smythe Deane & Chapter aforesaid should infame & slannder the fores[ai]d Indenture of lease, And should geve forth in speaches & in publique places that the fore s[ai]d Indenture of lease was made by the s[ai]d Sr Thomas Smythe Deane & the Chapter aforesaid was a forged & counterfeite Indenture & counterfeited by the fore said Roger Robinson or some others & that the seale thereto affixed was likewyse Counterfeite, And that the same Indenture of lease was not made by the s[ai]d Sr Thomas Smythe Deane & the Chapter of Carlisle afores[ai]d nor by them sealed, or that the p[re]misses was by them to the s[ai]d Roger Robinson any wayes grannted, And further the s[ai]d Anthony Felton & the s[ai]d John Smythe did further practize confederate & agree togeather & Conclude yt upon occasions & yf need should so requier that then he the s[ai]d John Smythe by plea or Annswe[r] upon his othe in any Courte of Recorde or otherwyse howsoev[er] should disclayme in & from the s[ai]d Indenture of lease upon any Accon or informacon whatsoev[er] & renounce the same, & p[ro]teste the same to be a forged falce & counterfeite lease and no ................................... ...owe the same to be falce & couterfeite, After w[hi]ch the said Anthony Felton the better to further his lewde practize & intente & for to drawe unto himselfe some meanes & Cullor of tytle, The s[ai]d Anthony did make meanes unto the Deane & Chapter of the Cathedrall churche of Carlisle & did untruly informe & suggeste to the said Deane & Chapter that after the aforesaid lease of the foresaid tythes made by the late pryor & covent of the s[ai]d Cathedrall churche of Carlisle to the foresaid Wm Bewicke was & should be determined that then & imedyatly the right of the s[ai]d tythes was & of right should be in the s[ai]d Deane & Chapter, & therefo[re] the said Anthony Felton did solicyte the s[ai]d Deane & Chapter that for some Consideracon of money they wold be pleased & vowchsafe to grannt unto him the s[ai]d Anthony or to others whom the said Anthonye should nominate & appoy[nt] a lease of the s[ai]d tythe for certaine yeres, And for to avoyde suspicyon & rather to Conceale or to obscure his lewde practize, And the better to furnishe himselfe w[i]th money for this purpsoe, The s[ai]d Anthony Felton did .... & allure one Roger Rame(sic) late of Newcastell marchant deceassed a man of very greate welthe howbeyt of smale Capacytie & understandinge for to be his the s[ai]d Anthonyes Instrument & to be the Imedyatt lessee to the said Deane & Chapter of the p[re]misses & for to desburse & laye forth all moneyes that should be payd to the s[ai]d Deane & Chapter or other wyse should be layd forth & exposed any waye in or about the execucon of this practize Confederatinge practizinge & agreeinge w[i]th him the s[ai]d Roger Rawe equally to parte & share betwene them the benefitt of the s[ai]d lease to be obteyned And that the s[ai]d Felton should have one moytie & the s[ai]d Roger the other moytie of the p[re]misses And the s[ai]d Felton did leave the s[ai]d Roger Rawe in hand that this wold fall out & be a verye beneficyall matter & of good gayne unto him, Unto whose Counsale & direccon he the said Roger Rawe inclyned, And after wardes the s[ai]d Dea[ne] & the Chapter afores[ai]d for the some of Cli or thereaboutes of lawfull Englishe money by the s[ai]d Anthony Felton & Roger Rawe or one of them payd (w[i]th a secrett p[ro]vysoe & agreem[en]t in trust made betwene them the s[ai]d Deane & Chapter & the s[ai]d Felton & Rawe or one of them and for the repayin of the s[ai]d some of money backe againe yf in Case the s[ai]d lease should fall out not to be good & effectuall in the lawe, The s[ai]d Deane & Chapter by their Indenture of lease did demise grannt & to ferme lett unto the fores[ai]d Roger Rawe whom the said Anthony Felton did no[m]inate to be lessee of the same & to his executors & assignes, All that the s[ai]d moytie or one halfe p[ar]te of the s[ai]d tythe Corne & sheaves of the p[ar]ishe of St Nicholas of Newcastell afores[ai]d yerely Renewinge as aforesaid, To have & to hold from the makinge of the s[ai]d Indenture for & duringe the terme of 21 yeres then next & Imedyatly followinge And afterwardes accordinge to the form[er] practize & agreem[en]t betwene the s[ai]d Anthony Felton & the s[ai]d Roger Rawe made in mann[er] & forme aforesaid, he the said Roger did grannte & assigne unto the said Anthony Felton the moytie or halfe of the fores[ai]d moytie or halfe of the said tythe Corne & sheaves of the p[ar]ishe of St Nicholas of Newcastell afores[ai]d renewinge as before said, To have & to hold from the tyme of the s[ai]d assignem[en]t of him the s[ai]d Roger to him the s[ai]d Anthonye for & duringe all the residue of the fores[ai]d terme & tyme of 21 yeres then to come, After w[hi]ch assignem[en]t the said Roger Rawe dyed & then the s[ai]d Anthony Felton did Confederate & practize w[i]th Dorothie Rawe als Drap[er] being the then wydowe & adm[ini]stratrix of the goodes & Chattells of the said Roger Rawe deceassed to Joyne & adhere w[i]th him the s[ai]d Anthony Felton in the p[er]secucon of this practize & Revealed unto her the privitye & secrettes thereof, & for the better accomplishm[en]t of this his lewd intente w[hi]ch s[ai]d Dorothie did inclyne to him the s[ai]d Anthony Accordinglye, And thereupon in the Terme of St Michaell tharchangell last past beinge the 39 & 40th yere of her ma[jesties] s[ai]d Raigne & synce your Ma[jesties] last gen[er]all & free p[ar]don the said Anthony Felton & the s[ai]d Dorothie by the name of Dorothie Rawe as Complts w[i]th the then mutuall Consent & agreem[en]t of the fores[ai]d John Smyth & by the then practize & confederacye of the s[ai]d Anthony, Dorothie & John Smyth did exhibite a most slannderous bill of Complt into this most ho[norable] Courte of Starre Chamber against him the s[ai]d John Smythe & against your sub[jec]te the nowe Complt & Isack Anderson & Bartram Anderson your said sub[jec]tes sonnes & div[er]s others the w[hi]ch said Bill of Complt amongst other most slannderous suggestions and assertions therein conteyned & at lardge sett forth, yt was & is in the s[ai]d most slannderous bill of Complt conteyned as followeth, That is to saye that the foresaid John Smythe & one Roger Robinson & Henrye Anderson thelder (meaninge the forenamed Roger Robinson & the now Complt & the fores[ai]d Isacke Anderson & Bartram Anderson being this Complts sonnes about xv yeres last past devysing Imagininge & confederatinge how & by what meanes they might acquier & gett unto them selves or to some one of them by any synister lewde & most unlawfull meanes some large estate in & unto the s[ai]d whole moytie of the s[ai]d tythe Corne & sheaves of the s[ai]d p[ar]ishe of St Nicholas afores[ai]d & to defeate & defraude any other that might have or obteyne any lawfull estate or grannte of the same after the expiracon of a Certaine lease made unto Willm Bewicke of the p[re]misses then in beinge, at last concluded that whereas the s[ai]d John Smyth had byn some tymes register to the s[ai]d Deane & Chapter as afores[ai]d and thereby had experyence of the former makinge of leases & the p[ar]ticulers of div[er]s such thinges demiseable by the s[ai]d Deane & Chapter, & that the s[ai]d late s[e]rvice of the s[ai]d Robinson to the s[ai]d Sr Thomas Smyth might be a good Colorable consideracon for some lease to have byn made unto him the said Robinson by the s[ai]d Sr Thomas who was then deceassed as aforesaid, they might w[i]th greate shadowe by unlawfull forgerye p[er]forme their said devellishe purpose, and that the same being effected they agreed to make assignem[en]tes thereof from one to an other of them & in Conclusion to share the same or the p[ro]fittes of the same tythes to & amongst themselves And to that ende they the said John Smyth Roger Robinson & Henry Anderson by the knowledges Confederacy & consent of the rest about the tyme aforesaid being synce the death of the s[ai]d Sr Tho. Smyth knight & at such tyme as the s[ai]d Sr John Wolley knight deceassed was Deane of the s[ai]d Cathedrall churche, did w[i]thout any Regard of your ma[jesties] Comendable lawes & statutes in this your heighnes Realme established for the punishm[en]t of wicked & corrupte forgerye expreslye contrarye to the same your ma[jesties] good & comendable lawes most wickedly unlawfully and corr[u]ptly write forge Counterfeite & make or cause to be written forged counterfeited & made one false & forged writinge importing an indenture in the name of the said Sr Thomas Smyth kt & the Deane & the chapter of the Cathedrall Churche foresaid of the one p[ar]te & the s[ai]d Roger Robinson on the other p[ar]te & gave the same an Antedate before the death of the s[ai]d Sr Tho & at such tyme as in truth he had byn a Deane of the s[ai]d Churche viz about the 20th daye of Januarye in the xth yere of your ma[jesties] most gracyous & happie Raigne, the s[ai]d Indenture conteyninge a supposed demise from the s[ai]d Deane & Chapter of the s[ai]d moytie of the s[ai]d tythe corne & sheaves of the s[ai]d p[ar]ishe of St Nicholas of Newcastell aforesaid unto him the said Robinson his executors & ass[ign]s for many yeres yett enduringe, & havinge so falcely written forged & counterfeited the same, they the s[ai]d John Smyth Roger Robinson & Henrye Anderson thelder Isacke & Bartram his sonnes or some or one of them did most unlawfully & Corruptly put to the s[ai]d Indenture a seale as the seale of the s[ai]d Deane & Chapter, & havinge thus fynished there unlawfull plott, they only attended the expirac[on] ... the s[ai]d lease made unto the said Wm Bewicke as aforesaid then in being and in the meane tyme the s[ai]d John Smythe p[re]tendinge to have some assignem[en]t of the said Forged lease from the said Robinson did for some small or cullorable Consideracon about the 30th yere of your ma[jesties] Raigne according to their s[ai]d devyse assigne & makeov[er] the said falce & forged writinge unto the s[ai]d Henry Anderson thelder as a good lease they both well knowinge the same to be falce & forged as in & by the s[ai]d bill of Complt amongst other thinges most slannderously sett forth and at lardge deduced may evidently appeare, unto w[hi]ch bill of Complt your s[ai]d sub[jec]te the nowe Complt & the fores[ai]d Isacke Anderson & Bartram Anderson his sonnes beinge called to Annswere by p[ro]ces have truly Annswered as defendts & pleaded not guylty But so yt is yf yt may further please your ma[jestie], That the said Anthony Felton & the said Dorothy w[i]th the Consent & practize of the s[ai]d John Smythe did likewyse serve the s[ai]d John Smythe w[i]th like p[ro]ces out of this ho[norable] Courte to Annswer unto the s[ai]d Bill, and the s[ai]d Anthony Felton did upon the same bill so exhibited & w[i]th the conference & consent of the s[ai]d John Smyth did frame & devyse an Annswere for to be made & putt into this ho[norable] Courte by him the said John Smyth or at leastwyse the s[ai]d Anthony Felton upon Conference had w[i]th the said John Smythe gave instruccons for the framinge therof, And the said Anthony Felton did therupon Returne at his owne costs and chardges or at the [ioynte] costes and chardges of the said Dorothie An attorney in this ho[norable] Courte for to appeare for the said John Smythe, And the s[ai]d Anthony Felton did p[ro]cure an Aff[idavit] to be made in this ho[norable] Courte for the obteyninge of a depo[nent] to certaine Comission[er]s in the Cuntrye whom the said Anthony Felton pleased to no[m]inate & appoynte for the takinge of the Annswere of the s[ai]d John Smythe to the s[ai]d Bill of Complt & to Interr[ogatories] to be mynistred by the s[ai]d Anthony Fenton & the s[ai]d Dorothie & the s[ai]d Anthony Felton at his p[ro]p[er] Costes & Chardges in p[ar]te or in whole p[ro]cured the s[ai]d depo[nent] & likewyse the s[ai]d Anthony Felton did p[ro]cure the same depo[nent] to be sent downe to the Cuntrye & addressed his l[etters] to the s[ai]d Comission[er]s for the better executinge thereof, & by himselfe or togeather w[i]th the s[ai]d Dorothie defrayed & ...ayd forth all Chardges for Councell & for the s[ai]d Comission[er]s thereaboutes & for the retorne thereof to this ho[norable] Courte, And the s[ai]d Anthony Felton fully to execute & effecte his form[er] practizes & plottes aforesaid & for such Rewardes & guyftes by him or others by his p[ro]curem[en]t given to the s[ai]d John Smythe at div[er]s & sundrye tymes & for greate p[ro]mises of Rewardes made by the s[ai]d Anthony to the s[ai]d John Smythe in case this his practize & complott should take good effecte according to his the said Anthony Feltons former designement & w[i]th the s[ai]d Anthony Feltons p[ro]mise to save him the s[ai]d John Smythe harmeles in all Causes that might hereof ensue & against all p[er]sons whatsoev[er] & from all punishm[en]ts whatsoev[er] The said Anthony Felton did unlawfully & Corruptly then p[ro]cure the s[ai]d John Smythe to Comitt wilful & Corrupte p[er]iurye in his the s[ai]d John Smythes Annswere by him made in this ho[norable] Courte unto the s[ai]d bill of Complt & unto the Interr thereupon by the said Anthony Felton & the said Dorothie to him the said John Smythe, howbeyt framed w[i]th the practize & Consente of the s[ai]d Anthonye & Dorothie, towchinge the foresaid Indenture of lease of the s[ai]d Sr Tho. Smyth Deane & the Chapter of the Cathedrall Churche of Carlisle aforesaid so made to the s[ai]d Roger Robinson of the s[ai]d moytie of the tythes of St Nicholas of Newcastell afores[ai]d & convayed & assigned from the s[ai]d Roger Robinson to the s[ai]d John Smyth & by the s[ai]d Smyth Conveyed unto your said sub[jec]te nowe Complt as afores[ai]d and the s[ai]d John Smyth by the unlawfull p[ro]curem[en]t & subornacon of the s[ai]d Anthony Felton did in his said Annswere to the s[ai]d bill of Complt taken before the said Comission[er]s or some of them by force of the fores[ai]d de[dimus] po[testat] retorned & remayninge in this most ho[norable] Courte by vertue of his othe taken in this behalfe falcely depose and affirme in mann[er] as followeth viz, That trewe yt is that the said lease in the said bill of Complt menconed supposed to be made by the said Sr Tho. Smyth knight deceassed Deane & the s[ai]d Chapter of the Cathedrall Churche of Carlisle in the s[ai]d bill named unto the said Roger Robinson in the s[ai]d bill of Complt also named was made unto the s[ai]d Robinson at such tyme as Sr John Wolley knight deceassed was Deane of the s[ai]d Churche, w[hi]ch this deft knoweth to be true for that he this deft was privye to the makinge thereof, And sayeth that the same was made of a blanck lease w[hi]ch was so made a blancke in the tyme of the s[ai]d Sr Tho. Smyth deceassed before that tyme Deane of the s[ai]d Church & Written in the howse of the s[ai]d Roger Robinson, and that the same lease upon this defts knowledge no.. nev[er] directly made or intended to be made by the s[ai]d Sr Tho. Smyth knight to the said Roger Robinson, but made only by the procurement of the s[ai]d Robinson w[i]thout the privitye & consente of the s[ai]d Sr Tho. Smythe & sythence his deceasse/. w[hi]ch lease this deft knoweth to be the lease by w[hi]ch the other defts Henrye Anderson & his sonnes in the bill menconed or some of them doe clayme to have estate or intereste for certaine yeres in the s[ai]d moytie of the said tythes in the sa.. Bill specified, as by the s[ai]d Annswere of the s[ai]d John Smyth remayninge in this most ho[norable] Courte more at lardge maye & doth appeare In w[hi]ch said Annswere & deposicon the said John Smyth by the p[ro]curement aforesaid did wilfully and Corruptly Comitt wilfull p[er]iurye, And further the said John Smyth to amplifie and to geve better Cuollor to his s[ai]d untrue Annswere, The said John Smyth by the unlawfull subornacon & p[ro]curement of the foresaid Anthony Felton did falcelye Depose unto the Interr[ogatories] to him by the said Anthony Felton & the said Dorothie mynistred as afores[ai]d namely unto the second Interr to w[hi]ch the said John Smythe falcely deposeth in mann[er] & forme followinge, That is to saye, that the man[ner] and sorte of the makinge of the said lease of the said moytie of the said tythes in the said Bill menconed to the said Roger Robinson was as hereafter followeth viz that he the s[ai]d Roger Robinson being s[e]rvant [and] officer to Sr Tho. Smythe knight Deane of the Cathedrall Churche of Carlisle did gett certaine blankes into his handes as the s[ai]d Roger Robinson did informe this examinant w[hi]ch had byn made about the fourth yere of her ma[jesties] Raigne in the tyme of the s[ai]d Sr Tho. Smyth Deane & Sr Barnard Kirkbride Mr Michell & Mr Sowell p[re]bendaryes & were called in by vertue of a Comission grannted in the xth yere of her ma[jesties] Raigne or there[abouts] And this exa[min]ate further sayeth that about the 22 or 23th yere of her ma[jesties] Raigne the said Roger Robinson at his dwellinge howse w[i]thout Bussoppsgate London w[hi]ch was then the signe of the White Harte as this examin[ate] Remembreth did cause & p[ro]cure a writer to write the s[ai]d lease of the s[ai]d moytie of the said tythes in the s[ai]d bill menconed ... one of the s[ai]d blankes w[hi]ch he had gotten & Res[er]ved as aforesaid, & this exa[min]at knoweth the same to be true that he having occasion to Come to the howse of the said Roger Robinson about some Conference w[hi]ch he had w[i]th the s[ai]d Robinson about the p[ro]curinge of the office of Registershipp in Carlisle for him this exa[min]at did fynde the said R[oger] Robinson in a Chamber on the backside of his howse togeather w[i]th one yt was a scrivener as this exa[min]at thinketh that was then writing & makinge up of the said lease in the said blancke of the moytie of the said tythes in the bill menconed ... the name of the s[ai]d Roger Robinson & to his use, w[hi]ch lease was pryvatly & secretly Contrived & caused to be written & made in the s[ai]d blancke by the s[ai]d Roger Robinson only & about 2 or 3 yeres after the death of the s[ai]d Sr Tho. Smyth late Deane & in the tyme yt Sr John Wolley knighte was Deane of the s[ai]d Cathedrall church of Carlisle, And this exa[min]at further sayeth yt he knoweth that the said lease was so made & written in the s[ai]d blanke by the meanes of the s[ai]d Roger Robinson w[i]thout the knowledge Consent or p[ro]curement of the s[ai]d Sr John Wolley being at that tyme Deane or any of the then p[re]bendaryes there as by the Annswer of the s[ai]d John Smythe to the 2 Interr[ogatory] more at large appeareth In w[hi]ch Annswere & deposicon the said John Smyth by the p[ro]curem[en]t of the s[ai]d Anthony Felton did wilfully & Corruptly comitt most wilfull & wicked p[er]iurye And furthermore pleaseth yt your ma[jestie the s[ai]d Anthony Felton p[er]ceyvinge these his practizes to appeare to the world grosse & palpable & for that the s[ai]d John Smyth hath sythence in some sorte Relented & confessed the acceptacon of Rewardes from the s[ai]d Anthonye & howe he was drawen into this practize by the said Anthony Felton further p[ro]testing & wishing by wordes as by l[etters] that he had nev[er] knowen the s[ai]d Felton & wished that the devill had taken the s[ai]d Felton when he the said John Smyth first knewe him, Therefore the said Anthony Felton Cantelously to Cullor & shadowe his s[ai]d practize & to qualifie his wronges & misdemeanors herein hath given forth in speaches & confessed before div[er]s at sundrye tymes that true yt is, that he the s[ai]d Anthonye Felton hath given to the s[ai]d John Smyth Rewardes namely xxli howbeyt he gave the same to the s[ai]d John Smythe to speake & confesse a trothe By w[hi]ch said lewde practizes yf the s[ai]d Anthony & Dorothie & subornacon of p[er]iurye Comitted by the said Anthony Felton & the s[ai]d wilfull & corrupte p[er]iurye of the s[ai]d John Smythe, the s[ai]d Anthonye Felton & Dorothie have slanndered the tytle and right of your sub[jec]te in & to the p[re]misses & doe intende & indevor to disposse your s[ai]d sub[jec]te the nowe Complt of his estate & right in & to the foresaid moytie of the tythe Corne & sheaves of the s[ai]d p[ar]ishe of St Nicholas of Newcastell & w[hi]ch your sub[jec]te the nowe Complt hath & Claymeth ... have by and under the aforesaid Indenture of lease made by the s[ai]d Sr Tho. Smyth Deane & the Chapter of the Cathedrall Church of Carlisle aforesaid unto the said Roger Robinson, & by the s[ai]d Roger assigned ov[er] to the foresaid John Smyth and by the said John Smyth conveyed & assigned to your sub[jec]te the same lease beinge a verye good & sufficyent lease & written w[i]th the knowen hand of the then regyster to the said Deane & Chapter or at the least wyse indorsed & signified for to be inrolled by the attestacon & subscripcon of the then Register & sealed w[i]th the knowen & true seale of the then Deane & C[h]apter & subscribed w[i]th the knowen and usuall handes of some of the then p[re]bendaries or Chapter of the same Churche as your sub[jec]te the nowe Complt hopethe to p[ro]ve & make appeare to your heighnes, All w[hi]ch Confederacyes practizes subornacon of p[er]iurye wicked & corrupte p[er]iurye & other the misdemeanors & offences are expressely contrarye to the Comendable lawes & stautes of your ma[jestie] in this your heighnes Realme established & w[hi]ch practizes and unlawfull p[ro]curem[en]t & subornacon of witnesses comitted by the said Anthony Felton & the s[ai]d Dorothie in mann[er] & forme afores[ai]d & corrupte & wilfull p[er]iurye in the s[ai]d John Smyth in mann[er] & forme aforesaid were & are Comitted by the s[ai]d Anthony Felton, the s[ai]d Dorothie & the s[ai]d John Smyth synce any of your ma[jesties p[ar]dons for such or the like offences respectively. In tender consideracon whereof pleaseth yt your most excellent ma[jestie] to grannt unto your s[ai]d sub[jec]te your heighnes most gracyous writtes of Subpena to be directed to the said Anthony Felton & John Smyth, And for that nowe of late the said Dorothie hath taken unto husband Tymothie Draper gent therefore your s[ai]d sub[jec]te prayeth the like p[ro]ces against the said Dorothie by the name of Dorothie Drap[er], Therby Comanndinge them & ev[er]ye of them at a Certaine daye & under a Certaine payne therein to be lymitted p[er]sonally to appeare before your heighnes & the most honorable lordes of your heighnes Councell in your ma[jesties] heighe Courte of Starre Chamber to Annswere the p[remisses] &c/

John Hele .. Cono cu Querent

Demurrer of Dorothy Draper:

...ightington attornat defendente

The Demurrer and Annswere of Dorothie Draper, wyfe of Tymothie Draper one of the defts To the Slannderous Bill of Complainte of Henry Anderson Complaynante/

The saied defendente Savinge to her selfe nowe and att all tymes heereafter All and ev[er]ie thadvantages of Excepcon to thincertainties Ymperfections and insufficiencie of the saied Bill of Complainte saieth, That shee this defendente and Anthony Felton gent one other of the defendts in the saied Bill named have heeretofore exhibited a Bill of Complainte in this Honorable Courte againste the saied John Smyth one other of these defendts and the saied Complaynante and others and in and by the same Bill of Complainte have Charged the saied John Smyth w[i]th the Forginge of the saied Lease supposed to have bynn made by the saied Deane and Chapter of Carlisle unto the saied Roger Robinson in the saied Bill named unto w[hi]ch Bill the saied John Smyth hath made Annswere in this Courte in such or the lyke manner and forme as in the saied Bill of Complainte nowe exhibited againste this defendte and others ys supposed, The w[hi]ch matter and suite as yet dependeth in this Honorable Courte betweene this defendte and the saied Anthony Felton Complaynantes and the saied John Smyth and the saied Nowe Complaynante and others defendantes as in and by the same Bill and Annswere and other proceedinges thereuppon Remayninge of Recorde in this moste Honorable Courte more fullie and att large yt doth and may appeere, For w[hi]ch cause and because this defendte is a feme Cov[er]te, and her husbande is not Ympleaded, or made p[ar]tie to the suite as alsoe for div[er]se other defectes and ymperfections of the saied Bill, Shee this defendte doth and Will demurr and abyde in Lawe, and demandeth Judgmente whether that as touchinge the p[ro]curem[en]te and subornacon of p[er]iurie in the said Bill of Complainte Suggested Shee this defendte shalbe compelled to make any further or other Annswere. And as touchinge all & ev[er]ie other the practezes confederacies offences and Misdemeanors in the saied Bill of Complainte Surmysed againste her this defendte determinable in this moste Honorable Courte, She Annswereth and saieth That shee ys not therof or of any of them guiltie in such manner and forme as in and by the saied Bill of Complainte ys moste slannderouslie and untrulie Surmysed. All w[hi]ch matters and thinges Shee this defendte doth and will av[er]r Maintaine iustifie and prove as this hono[rable] Courte shall awarde and therefore humblie prayeth to be dismissed w[i]th her Reasonable Costes and damages by this uniuste vexacon by her Wrongfullie Susteyned./

La: Hyde

Demurrer of Anthony Felton:

... 7 November Anno 40 Elizabeth Regine Willm Mill

The demurrer & Annswere of Anthony Felton gent one of the defts To the Slannderous Bill of Complainte of Henry Anderson Compl[ainan]t

The said defte savinge to himselfe all Thadvantage of Excepcon to thimp[er]factions incertainties and insufficiencie of the saied Bill of Complainte, Saieth That he this defte and Dorothie Rawe one other of these defendts have exhibited a Bill of Complainte in this honorable Corte againste the saied John Smythe one other of these defendts and the saied Complaynante and others And in and by the same Bill of Complainte have Charged the saied John Smythe w[i]th the Forginge of the saied Lease supposed to have bynn made by the saied Deane and Chapter of Carlisle unto the saied Roger Robinson, unto w[hi]ch Bill the saied John Smyth hath made Annswere in this Courte in such or the lyke manner and forme as in the said Bill of Complainte nowe exhibited againste this defendt and others ys supposed, The w[hi]ch matter and suite as yet dependeth in this honorable Courte betweene this defendt and the saied Dorothie Rawe Complaynantes and the saied John Smyth and the saied nowe Complaynante and others defendts as in and by the same Bill and Annswere and other proceedinges there uppon Remayninge of Recorde in this moste honorable Courte more fullie and att large yt doth and may appeere For w[hi]ch cause as alsoe for div[er]se other defects and ymperfections of the said Bill, this defendte doth and will demurr and abide in Lawe, and demanndeth Judgmente whether That as touchinge the supposed procurem[en]te and Subornacon of Periurye in the said Bill of Complainte Suggested, or any of them, This defendte shalbe compelled to make any further or other Annswere. And as touchinge all and ev[er]ie other the practezes confederacies offences and Misdemeanors in the said Bill of Complainte surmised againste him this defendte determinable in this moste honorable Courte, he Annswereth and saieth, That he ys not thereof or of any of them guiltie in such manner and forme as in and by the saied Bill of Complainte ys Slannderouslie and Untrulie Surmised All w[hi]ch matters and thinges this defendte doth and will av[er]r Maintaine iustifie and prove as this honorable Courte shall awarde and therefore humblie praieth to be dismissed oute of the same Courte w[i]th his Reasonable Costes and damages by this uniuste vexacon by him wrongfullie Susteyned.

G ...pps Ja: Hyde

Interrogatories to be ministered to Dorothy Draper:

Interrogatories to be mynistred one the p[ar]tie and behalfe of Henrye Anderson Complant unto Dorathie Drap[er] one of the defts

1 Imprimis did not your Laite husbande Roger Rawe in his Life tyme, take A Lease of the Moyetie of the Tythe Corne of the Rectorie of Saincte Nicholas in Newcastle, of the Deane and Chapter of Carlile yea or noe, and whether wer you prevye to the takinge of the same before it was taken yea or noe and whether wer you A meanes that your husband should take the same Leas or noe/./

2 Item whether did your Layt husband Roger Rawe and you or ether of you knowe that when the said Lease was taken by your said husband, that ther was then A Lease in beinge of the same Tyeth w[hi]ch was made unto one Robinson by one Sir Thomas Smyth Laite Deane and the Chapter of the Cathedrall Churche of Carlile, and that the said Lease was then in the possession of this nowe Compla[inant] or his assignes yea or noe/.

3 Item yf you or your Laite husbande did knowe or have hard that ther was suche A Lease (as before) then in beinge, what did move your said husband to take A New Lease of the same, or by whome was he moved therunto, and whether did not Anthonye Felton move hime to the same or noe And whether did not your Laite husbande take the said Lease by the speciall meanes and procurem[en]t of the said Anthony Felton or not, and what p[er]swasions or reasons did the said Anthony Felton use unto your said husband to stirre hime forwarde to take the same, and by what meanes did he make your said husbande beleave that he would Avoyed the Former Lease made unto Robinson, and whether did not the said Anthony Felton p[er]swad your said husband, that one John Smyth would for mony be hiered or procured to sweare that the Leas maid to the said Robinson was forged, yea or noe or whether did he not tell your said husband, that he had delte w[i]th the said John Smyth for the Avoyedinge of the said Lease and that John Smyth and he had agreed of a Course how they would avoyed the said Lease w[hi]ch was then in the possession of the Playntif; And whether doe you thincke your said husband would have taken A new Lease unlesse Mr Felton had p[er]swaded hime, that he would find meanes to make the old Lease voied, and what course he had taken w[i]th Smythe././.

4/ Item whether did not Mr Felton gyve unto the said Smythe Twentye Poundes, or what did he gyve hime to deale for the avoyedinge of the Leas maid unto Robinson, and whether was not your said husband or you p[ri]vye to any monye or Rewarde gyven to the said John Smyth by Mr Felton, or whether was not the said monye or rewardes or anye p[ar]te thereof disbursed or geven by your said Husband and you or ether of you, and howe farr was your said husband and you or ether of you prevye or consentinge to Mr Felton his dealinges w[i]th Smyth for the avoiedinge of the said Lease; And whether did not your husband or you or any other for you deale w[i]th the said John Smythe to the intent aforesaid, And what rewards did you or your husband gyve or promisse hime, and whether war not your husband or Mr Mr Felton bound, or did they nor anye for them promisse to keepe the said Smyth harmelesse in that matter././

5/ Item whether haid or haith Mr Felton any p[ar]te in the Lease taken by your husband, or what Consideracon had he for all his paynes takinge in the said Cause and if he have any p[ar]te or porcon therin, what was the cause whye the said Lease was taken onelie in your husbandes name, And what was Mr Felton his intente and purpose in that, and what was the cause whye the Lease was not taken aswell in Mr Felton his name as in your husbandes/

6/ Item by what reason, and for what cause, and by whose Councell and p[er]swasion wer you moved to exhibit A bill in the Starre Chamber together w[i]th Mr Felton, against this nowe Complt and the said John Smyth and others, and what was your purpose and meaneinge therin, and was not the same exhibited by the Consent p[ri]vitie or good likinge of the said John Smyth, and did not your self or Mr Felton or some for you Conferr or talke w[i]th the said Smyth for or concerneinge the Frameinge of the said bill, or for the Frameinge or devisinge of any Interrogatories upon the same or whether was not the said bill and Interrogatoryes or ether of them framed by any Instructions haid From the said Smyth, or collected upon anye speches of the said Smythe and what was your meaneinge or purpose to make Smyth acquainted w[i]th your bill, and to use his advise in frameing your bill,:

7/ Item whether did not Mr Felton or some for hime demand of your husband or you any allowance for any charges disbursed or spent by Mr Felton for or aboute Smyth his Answeare to the said bill, or for or aboute any charges or expences disbursed aboute or concerneinge Smyth, or what billes of Charges haith Mr Felton gyven you, or whether was Smyth himeself at any charges in answeringe of the said bill, or by whom was his charges borne, and if Mr Felton or you have borne his charges, what was the cause that moved you so to doe; and whether did not Mr Felton or some for you deale in the behalf of the said Smyth for the answeringe of the said bill/..

8/ Item, was ther not ane Agream[en]t mad betwene your said husband Roger Rawe and the Deane and Chapter of Carlill, or betwixt the said Mr Felton, and the said Deane and Chapter, that in Case the Lease made to your said husband should not be good and Available by reason of anye Former Lease that then the monye or p[ar]te thereof w[hi]ch the Deane and Chapter had receyved or wer to receyve for the said Lease should be repaid, or how muche thereof, and what was the cause, why your husband or Mr Felton did Condicon w[i]th the Deane and Chapter, and what were the causes they mad doubte whether the said Lease taken by your husband should be good or noe././

Tho: Riddell

Deposition of Dorothy Draper:

The deposicon of Dorothie Draper wife of Tymothie Draper of the Towne of Newcastle upon Tyne gen[t] unto certen Interrogatorie[s] ministred unto her on the behalf of Henry Anderson and others Complts, taken the xviijth of January in the one & fortith yere of her ma[jesties] reigne by George Farnaby maior of the Towne of Newcastle upon Tyne and Henry Chapman Alderman of the said Towne by vertue of her ma[jesties] Comission directed to them & others forth of her highnes Courte of Starr chamber beringe [?teste?] the Twentith day of November last in that behalf./

1 To the firste Interrogatory she saith that her late husband Roger Rawe in his life tyme did take A lease of the moyety of the tyth Corne of the rectory of Saint Nicholas in Newcastle of the Deane and Chapter of Carlill, And she saith she knew when her husband went about to take it, but she was no meanes of the takinge therof.

2 To the Second Interrogatory she saith that she doth not knowe whether her late husband knew at the tyme of the takinge of the lease as aforesaid that there was another lease then in beinge made to one Robison by one Sir Thomas Smith late Deane & the Chapter of the Cathedrall church of Carlyll or no, And saith that she knew nothinge then therof (though she hath heard since of such A thinge) nether whether there was such a lease or in whose possession it was she knew not.

3 To the third Interrogatory she saith she knoweth not whether her said husband knew of the lease made to Robison as aforesaid, nether did anythinge move her husband to the takinge of the other lease that she knoweth of save that because he had A quarter therof before he thought it good to renew the said Lease when the former was all expired save three yeres or theraboutes, And she saith she thinketh that her husband was not moved therunto by Anthony Felton but rather that her said husband moved the said Anthony Felton therin, nether knoweth she any reason that the said Anthony Felton used to stirr her said husband forward to the takeinge of the same, nether doth she knowe of any reasons moved to her said husband to avoyd the former lease, for that she knew not of the same lease. And further she saith that she knoweth not that Anthony p[er]swaded her said husband that one John Smith would be hyred for monie to sweare that the said lease made to the said Robison was forged, nether knoweth she that the said Anthony Felton told her said husband that he had delt w[i]th the said John Smith for the avoydinge of the said lease, or that the said Anthony Felton sayd the said Smith & he had agreed of A Course how they would avoyde the said lease & she thinketh her said husband tooke the said lease by reason he was A Tennant before as abovewritten, and not by any p[er]swascon of Anthony Feltons that he would fynde meanes to make the olde lease voyde.

4 To the fourth she saith that she hath heard that her husband & the said Anthony Felton gave unto the said Smith Twentie poundes, w[hi]ch was, as she hath also heard that he might affirme what before he had tould them was the truth, if he should be called at any tyme therunto, and for any further cause wherfore they gave him the said mony she knoweth none. And she saith that she knoweth not whether her husband was at any tyme prevy or consentinge to any dealinges of Mr Feltons for the avoydinge of the said Lease but she saith she was not. nether did her husband to her knowledge or she deall w[i]th the said Smith to that intent, And she saith she knoweth not of any rewarde geven to the said Smith by her said husband or herself or p[ro]mise made to that ende, save the xxli w[hi]ch she heard was geven for the intent aforesaid. nether knoweth she that her said husband or Mr Felton were bounde or did promise to kepe the said Smith harmeles in that matter.

5 To the fift Interrogatory she saith that after the said lease taken by her said husband, her husband conveyed the half therof unto the said Anthony Felton, but of any Consideracon that the said Anthony Felton had for dealinge in the said cause she knoweth none, save that her husband conveyed half of the said Lease to him as aforesaid, he payinge half of all charges about the takinge of the said lease. And she saith she knoweth not waht was the cause that her husband tooke the lease in his owne name, unles it were because he was an olde tennant before & not Mr Felton, and she knoweth not what was Mr Feltons intent & purpose in that, nether knoweth she was the cause why the said lease was not taken aswell in Mr Feltons name as in her said husbands but as before in this Interrogatory she hath answered

6. To the Sixt Interrogatory she saith the reason & cause that moved her to geve consent that the bill might be exhibited in the starr chamber was for that she could not quietly enioy the said Lease for the defendt And for p[er]swasion therunto (struckthrough - save) she had none save that she was p[er]swaded by Mr Felton that it was the best course, to enioy her owne & therupon she referred the matter to his p[ro]sequitinge beinge interessed in the same aswell as this deponent because she knew he had more skill in such matters then she, And she saith that her purpose & meaning therin was none other then to try her right And she saith the same bill was not exhibited by the consent or good lykinge of the said John Smith to this deponents knowledge, And she saith that she nor Mr Felton to her knowledge did not conferr w[i]th the said Smith for frameinge of the said bill of for devysinge of any Interrogatories upon the same, nether knoweth she that the said bill & Interrogatories were framed by any Instruccons had from the said Smith or collected upon any speeches of the said Smithes, And saith that she made not the said Smith acquainted nor doth not know that he is acquaynted w[i]th the said bill or use his advice nether knoweth that his advyce was used in frameinge the same as before in this Interrogatory she hath answered And further herunto she cannot depose.

7. To the seventh she saith she knoweth not that the said Mr Felton nor any for him demanded of her said husband or her any allowance for any charges spent or disbursed by the said Mr Felton for or about Smith his answere except as before she hath answered to the iiijth Interrogatory toochinge the xxli geven to the said John Smith by her said husband & the said Mr Felton, ... she saith Mr Felton did not geve her any bills of charges about that matter, & what charges the said Smith was at in answeringe of the said bill or by whom his charges was borne she knoweth not, but she saith she did not beare his charges or any parte therof to her knowledge, nether knoweth she whether Mr Felton did beare all or any p[ar]te of his charges, nether did she or any for her or Mr Felton to her knowledge deall in the behalf of the said Smith for the answering of the said bill.

8. To the viijth she saith she knoweth not of anie Agream[en]t made betwene her said husband Roger Rawe & the Deane & Chapter of Carlile or betwene the said Anthony Felton & the said Deane & Chapter that in case the lease made to her said husband should not be good & avaylable by reason of any former lease: that then the monie or any p[ar]te therof w[hi]ch the Deane & Chapter had received or were to receive for the said lease should be repaid, for that she knew not that there was any such question or doubt made in the lease, And she saith she knoweth no cause why her husband & Mr Felton should Condicon w[i]th the Deane & Chapter, nether knoweth she of any cause why they should make doubt, nether did she thinke that they made any doubt whether the said lease taken by her husband should be good or no.

Answer of John Smith:

Jur 14 Maij Anno 41 [Elizabeth] Regine Willm Mill

The annswere of John Smyth one of the defendanntes to the Bill of Complainte of Henrye Anderson Complaynante

The sayde defendannte savinge to himself nowe and att all tymes hereafter all and ev[er]y thadvantages of excepcon to the incertentyes imp[er]feccons and insufficyency of the sayde Bill of Complainte For Annswere and playne declaracon of the trueth to soe muche of the saide Bill of Complainte as Concerneth him this defendannt hee annswereth and sayeth That true yt is that the saide lease in the saide bill of Complainte menconed supposed to bee made to the saide Roger Robinson by the saide Sir Thomas Smyth knight deceased Deane of the Cathedrall Churche of Carlile and the Chapter of the same Cathedrall Church in the saide Bill menconed was made and written of a blancke att such tyme as Sir John Woolley knighte deceased was Deane of the saide Church w[hi]ch this defendannt knoweth to bee true for that this defendt by channce came into the howse of the sayde Roger Robinson whilest the same was in doeinge and by that meanes and noe other sorte this defendannt was privye to the makinge thereof And sayeth that the Blancke upon w[hi]ch the saide supposed lease was written was a blancke whereunto the Chapter Seale of the saide Cathedrall Church of Carlile was fixed and annexed (as this defendannt thincketh in his Conscyence) in the tyme of Sir Thomas Smyth deceased sometymes Deane of the saide Church and was written in the house of the saide Roger Robinson and the same lease upon this defendts knowledge was nev[er] directly made by the saide Sir Thomas Smyth knight to the sayde Roger Robinson but was written and made by the procurem[en]t of the saide Robinson and in his puce by a certeyne scriven[er] unknowen unto this defendannte w[i]thout the privitye and consente of the saide Sir Thomas Smith and sithence his decease by or under w[hi]ch lease this defendannte knoweth that the saide Complaynante doth clayme to have estate and intereste for certeyne yeares in and to the moyetye of the Tithes in the sayde Bill menconed by vertue of [a] supposed grannte to him made by this defendannte whereas in verry trueth this defendannte nev[er] made any assignem[ent] thereof unto the sayde Complt [but] inconsideracon of the some of Fortye poundes or thereaboutes Currant english moneye this defendannt then beinge in wante of moneye did become bounde unto the saide Complt in an Obligacon of the some of twoe hundred markes or thereaboutes w[i]th Condicon to this or the like effecte viz that yf this defendannt his heires executors and assignes and ev[er]ye of them doe save and keepe harmeles the saide Complaynante his heires executors administrators and assignes and ev[er]ye of them of and from all menn that can rightfully make any clayme for the same as for and concerninge a lease bearinge date the twentith daye of Januarye in the Tenth yeare of the Queenes Ma[jesties] raigne that nowe is in rev[er]con for the moyetie of Tithe Corne and sheafe of the rectorye or parish Church of St Nicholas in the Towne of Newcastell on Tyne yearely arisinge w[i]th in the lymittes of the parish Church of St Nicholas for the tearme of one and Fortye yeares after the revercon of a lease made unto Willm Bewicke by the late prior of the Cathedrall Church of Carlile as yt appeareth by the same lease then to bee voyde or else to stande in force whereby this defendannte did binde himself that the saide Complaynante should enioye the sayde supposed lease yf the same were good else this defendannte mente not to bynde himself absolutelye that the same was good And this defendannt utterlye denyeth that hee and the saide Felton did agree practice and confederate togeather that this defendannte should in fame and slannder the said Indenture of lease in the saide Bill menconed in manner and forme as in the saide Bill is alleadged but this defendannte sayeth that verry true yt is that the saide Anthon[y] Felton thother defendannte and the saide Roger Rawe in the saide Bill of Complainte named havinge gotten a lease for div[er]se yeares yett enduringe of the saide moyety o[f] the Tithes of Newcastell aforesayde from the saide Sir John Woolley knight then Deane and the Chapter of the saide Church and havinge harde (as this defendannt thinketh) that this defendannt did knowe and coulde declare and signifye howe the sayde Roger Robinson gott the saide supposed lease and that the same was nott a good lease but forged did write to some of the friendes of this defendannte to cause him this defendannte to come to his howse att Newcastle the w[hi]ch this defendannt did accordingly and then and there the saide Anthony Felton did conferre and talke w[i]th this defendannte touchinge the validitye of the sayde supposed lease made to the sayd Roger Robinson in the sayde Bill menconed where upon this defendannte did truely declare and signifye unto the saide Felton That the sayde Indenture of lease was nott made by the sayde Sir Thomas Smyth Deane and by the Chapter of Carlisle aforesayde nor by him the saide Sir Thomas Smyth was ev[er] sealed but that the same was a counterfeite lease made of a blancke as is aforesaide or to the like effecte Whereupon the sayde Anthony Felton after that he had herde what this defendannt coulde signifye and declare touchinge the p[re]misses did inconsideracon that this defendannte shoulde become bownde to Him the sayde Felton and to the sayde Roger Rawe in an obligacon of Fortye pounde w[i]th Condicon never to make an assignemente of the sayde supposed lease to the saide Complaynante and alsoe that this defendannt shoulde truelye deliv[er] the trueth of his Conscyence in any Courte of recorde wheresoev[er] touchinge the validitye or invaliditye of the saide supposed lease conclude and agree that the saide Anthonye Felton woulde save this defendannte harmelesse of and from the sadye Obligacon of twoe hundred markes whereof this defendannte then stoode in feare and woulde alsoe bestowe on this defendannte the some of Twentye poundes and alsoe Fortye shillinges towarde the charges of this defendannte and of twoe other menn that then came in this defendanntes Companye and thereupon this defendannte received of the sayde Anthonye Felton or Roger Rawe the sayde sev[er]all somes of Twentye poundes and Fortye shillinges and did become bounden unto the sayde Felton or Rawe in the some of Fortye poundes not to grannte or assigne the saide supposed lease to the sayde Complaynante aqccordinglye And this defendannt utterlye denyethe that the sayde Anthonye Felton did ev[er] p[er]swade or move this defendannte to depose untruely in the sayde cause neither did the sayde Anthonye Felton give or promise the saide moneye or any other thinge to this defendannte to corrupt him neither did this defendannt depose or sweare any other thinge then that w[hi]ch was and is trewe and w[hi]ch this defendannt knewe and yett doth knowe to bee trewe And this defendannte alsoe utterly denyeth that the sayde Bill of Complainte exhibited into this honorable Courte by the saide Anthony Felton and Dorathie Rawe in the sayde Bill menconed was ev[er] exhibited into this honorable Courte by thagream[ent] consente or practice of this defendannte But this defendannt confesseth That there was such a Bill exhibited as in the saide Bill nowe exhibited ys supposed to such or the like effecte as in the same bill nowe exhibited is alleadged To w[hi]ch Bill this defendannt as a defendannte named in the sayde Bill did truely and honestlye make his Annswere thereunto in this honorable Courte [to] theffecte in the sayde Bill of Complainte nowe exhibited menconed w[i]thout any corruption bryberye or practize whatsoev[er] as this defendannt hopeth was and is lawfull for him to doe for the cleeringe of himself of the untrue suggestions and practizes then layed to his charge by the saide Bill the subst[an]ce and contentes of w[hi]ch sayd Annswere heretofore made by this defendannte to the sayde Bill of Complainte against him exhibited by the saide Anthon[y]e Felton this defendannte doth avowe and affirme to bee true accordinglye as therein yt is sett forth and declared by this defendannte. And this defendannt further sayeth That as touchinge all and ev[er]ye the secrett practizes plotts devises agreamentes briberyes p[er]iuryes and misdemeanors and other offen[ces] whatsoever in the saide Bill menconed and layde to his this defendanntes Charges hee is not guiltye of them nor any of them in such manner and forme as in and by the saide Bill of Complainte they are untruely sett forth and declared And w[i]thout that that any other matter or [thi]nge materiall or effectuall to bee Annswered unto by this defendt in the sayde Bill of Complainte conteyned and not herein sufficiently Anns[wered] confessed avoyded traversed or denyed ys true All w[hi]ch matters this defendannte is readye to averr and prove as this honorable Courte [sha]ll awarde and prayeth to bee dismissed w[i]th his costes and charges in this behalfe wrongfullye Susteyned.

...a: Hyde