STAC 5/A3/7

Court of Star Chamber:

Queen's Almoner v Robert Bates, Isabell Bates, Marke Errington, William Fenwick, Cutberd Bates, George Gray, Robert Helme & William Carr

Transcript: Dave King

Bill of complaint:

date [tbc 31 Eliz]

To the Quenes most excellent Maiestye /

[Humb]lie besecheth your Maiestie John Pearce Buishope of Sar[um] heighe Almoner to your heighnes That where Roberte Helme of Tynmouth in the Countye of Northumberland yeoman [and] Thomas Bates of Prudhewe in the Countye gen[t] became jointlie & sev[er]allie bound by obligacon the xiiijth daie of Novemb[er] in the xxth yeare of your Ma[jesties] raigne to Henrie late Earle of Northumberland in the some of eight hundred poundes of good & lawful money of England to be paid to the said late Earle his Executors and assignes And to the good & faithfull paym[en]t thereof did binde themselves theire heires Executors & administrators & the heires executors and administrators of eyther of them by himself in all & for the whole w[hi]ch said some of eight hundred poundes nor anye p[ar]te thereof the said Robert nor Thomas to the said late Erle in his liffe tyme did ev[er] satisfie or paye And where the said late Earle uppon the xxjth daye of June in the xxvijth yeare of your heighnes raigne w[i]thin your heighnes tower of London became felo de se and the same fellony was founde to be done by inquisicon taken att the said Towre of London the said xxjth daye of June before your Ma[jesties] Coron[er] for the Citye of London By reason whereof & your heighnes l[etters] patentes under the great Seale of England made to your said Almon[er] of all goodes chattles & debtes of felons of them selves w[i]thin this Realme of England and Wales & the m[ar]ches thereof bearinge date att Gorambury the xxth of Aprill in the xviijth yeare of your heighnes raigne the said viijCli dyd and yet doth belonge to your said Almoner. But so it is yf it may like your Ma[jestie] that the said Thomas Bates about the moneth of July in the xxixth yeare of your heighnes raigne died seised of sundrie landes Ten[emen]ts and hereditam[en]ts in Fe[e] simple & also possessed of dyvers & sondrie goodes & chattles & debtes w[hi]ch said landes Tene[men]ts & hereditaments discended & came to Robt Bates gen[t] brother and heire of the said Thomas And the said goodes & chattles & debtes came to the handes and possession of Isabell Bates wief of the said Thomas Marck Errington of Ponteland in the Countye of Northumb[er]land gen[t] Willm Fenwick of Blackden in the said Countie of Northumberland gent Cutberd Bates of Seaton gent & George Graie of Anwick in the said Countye of Northumb[er]land yeoman and the said Isabell Marck Willm George & Cutberd eyther as executors of the said Thomas or administrators of his goodes and chattles & debts did administer the said Goodes chattles and debtes and being required often sythens the death of the said Thomas to paye to your heighnes said Almoner the said eight hundred poundes or so muche thereof as suche goodes chattles and debtes amount unto that came to their handes and possession they have so to doe utterlie refused and yet doe refuse as also the said Robert Bates doth in like sort refuse to satisfie the said eight hundred poundes w[i]th the yearlie profitt & valewe of the landes tenem[en]ts and hereditaments to him discended as is aforesaid In consideracon whereof and for that the grant of your Maiestie to your said Almoner is made for Augmentacon and increase of your Ma[jesties] most Ryall Almes w[hi]ch att this present is most needfull to be delt and dispersed amongst as infinitt nomb[er] of poore aged ympotent people mayned soldiers distressed p[en]soners infants and orphanes w[i]thin this your heighnes realme of England It may please your heighnes to grante your most gracious writtes of Subpena to be directed to the said Robert Bates Isabell Bates Marck Erington Willm Fenwick Cutberd Bates and George Graye commandinge them and ev[er]y of them under a certayne paine in the said writts to be expressed att a certayne daie to be before Your heighnes and your councell in Your heighnes Courte of Starre Chamber to answere to the premisses and to abide the order therein w[hi]ch your heighnes and your councell shall sett downe And further yf it maie like your Ma[jestie] whereas the said Robert Helme and Willm Carr of Ford in the said County of Northumb[er]land Esquier became Jointlie and sev[er]allie bounde by two sev[er]all obligacons bearinge date the xxviijth daie of June in the xxjth yeare of your Ma[jesties] taigne to the said Henrye late Earle of Northumberland by ev[er]y of the said obligacons in sev[er]all somes of vCli a peece to be paide to the said late Earle his executors or Assignes And to the good and faithfull paym[en]t thereof did bind themselves theire heyres executors and administrators of eyther of them by himself in all and for the whole w[hi]ch said somes of vCli a peece nor anye p[ar]te nor p[ar]cell thereof the said Robert Helme nor Willm Carre to the said Earle in his lyffe tyme did satisfie or paie nor yet to your heighnes said Almoner hath paide since the deathe of the said late Earle they beinge often required yf It maye likewise please your heighnes to grannte your most gracious write of Subpena to be directed to the said Robert Helme and Willm Carre commanndinge them & ev[er]ye of them under a certaine paine in the said writte to be expressed att a certaine daye to be before your heighnes and your Councell in your heighnes Courte of Starr chamber to answere to the premisses and to abide the order therein w[hi]ch your heighnes and your Counsayle shall sett downe And your subiecte shall daylie praie to Allmightie God for your heighnes longe and prosperous raigne over us

Weston

Answer of Robert Bates:

T[he] ......[answer].......... [of] Robert Bates gentleman Def[endant] to the bill of Comp[laint] of John Peerce Bushope of Sar[um] ........ [Almon]er to hir Maiestie

All advantages & exceptions unto the saide bill of Comp[laint] at all tymes to this def[endant] savid he for answere ther unto by protestation sayeth that he not knowinge of anye suche obligation in the saide bill of Comp[laint] mentioned whereby Robarte Helme of Tyn[emouth in the Countie of] Northumberlande yeoman and Thomas Bates of Pruddo in the saide Countie gentleman & in the saide bill spe[cified] ................. bounde to Henrie late Earle of N[orthumberland ............................. hundreth poundes of lawfull monney of Englande to be payde to the saide Earle his executors or assignes as in the saide bill of Comp[laint] is mentioned he farther sayeth that if their be or were anye suche bounde wherein the saide Thomas Bates in the bill of Comp[laint] specyfied did stande bounde w[i]th the saide Robarte Helme to the saide Henrie late Earle of Northumberlande as in the saide bill is set downe that he this def[endant] verily thinketh he oughte not to be chargid their w[i]th for that he verily beleaveth & thinketh that the saide Thomas Bates lefte goodes chattels & debtes at the tyme of his deathe of sufficiente value for the satisfaction aswell of the saide bonde (if anye suche be) as of all other debtes & dewties w[hi]ch he the saide Thomas Bates did owe or was unto anye man indebted w[hi]ch goodes chattels & dettes as also he verely thinketh & beleaveth came unto the handes & possession of Marke Erington of Pontelande and Willm Fenwicke of Blackden and George Graye in the bill of Comp[laint] mentioned, w[hi]ch Marke Erington & Willm Fenwicke eyther as executors of the saide Thomas Bates or as Administrators of his goodes chattels & debtes did Administer the saide goodes chattels & debtes of the saide Thomas Bates as he this def[endant] verily thinketh he shalbe able to prove to this honourable Courte and as in the saide bill of Comp[laint] is in sum sorte set downe And theirfore he thinketh that the saide Marke Erington & Willm Fenwicke in respecte of their interme[d]llinge w[i]th and Administringe of the goodes & chattels & debtes of the saide Thomas Bates oughte to be chargid w[i]th the paymente of the saide debt & dewtie in the Bill of Comp[laint] mentionid (if anye suche be) and not he this def[endant] And further this def[endant] thinketh that the landes & Tenementes in the bill of Comp[laint] supposid to discende by the deathe of the saide Thomas Bates unto this defend[ant] as brother & heire unto the saide Thomas if they were to be soulde woulde not amounte unto nor yealde by agrete deale the some in the bill of Comp[laint] mentionid And that he this def[endant] longe since hathe by good conveyannce & assurannce in the lawe conveyid & assurid All the saide landes & Tenementes so to him supposid to be discended unto dyvers of his sonnes in Tayle w[i]thoute anye reservation theirof unto himselfe w[i]thoute that their is anye other matter or thinge in the said Bill of Comp[laint] w[hi]ch concerneth this def[endant] conteynid and herein not suffitiently confessed denyed avoydid or traversid materiall to be Answerid unto &c All w[hi]ch matters &c

Jo Baxter

Interrogatories to be ministered to Robert Bates:

Interrogatories to bee ministred to Robte Bates gent on the [parte & behalf] of the Reverend Father in God the L[ord] Bushoppe of Sarum hir highnes Almoner

[1] Item what landes, Tennementes, and hereditamentes did Thomas Bates die seazed of in Possession or Rev[er]con, as you knowe, as you thincke, or as you have hearde.

[2] Item what Estate late had the same Thomas Bates in the said Landes, tennem[en]tes and hereditam[en]ts./

3 Item howe muche and what p[ar]celles therof bye name was the same Thomas seased of in Fee Simple in his liffe time or at the time of his deathe in possession or Rev[er]con./

4 Item whoe inioyeth and holdethe the saide Landes, Tennementes, and hereditamentes and ev[er]ie of them severallye that weare the saide Thomas Bates in his liffe time, and bye what title doe the severall occupiers of them holde and enioye the severall landes, tennementes, and hereditamentes in theire severall occupacons, and bye what righte, estate, or tytle doe they and everie of them clayme and pretende to holde the severall landes, tennementes, and hereditamentes in their saide severall occupacons../

5 Item what landes, tennementes, or hereditamentes doe you holde, or occupie, or doe you pretende or clayme to holde and inioye in possession or revercon that weare the saide Thomas Bates in his liffe and what is the state of your clayme and pretence, and what righte, title, or interest doe you clayme the same../

6 Item what goodes, chattelles, Utensilles, or Furniture of howseholde did the saide Thomas Bates die possessed of?./

7 Item to whose handes and possession came the same goodes, chattelles, Utensilles, or Furniture of howseholde, and everie parte therof, or anie parte therof, and of what value is the saide goodes, chatteles Utensilles, or Furniture./

8 Item whoe hathe at this present anie parte of the sayde goodes, chattelles, Utensilles, or Furniture, and of what value are they that anie p[er]son or p[er]sons to your knowledge, or as you have hearde hathe in his keepinge or custodie?./

Depositions of Robert Bates:

The Examynacon and deposicon of Robert Bates of Woodhorn Seaton in the Countie of Northumb[er]land Gent of thage of threscore & six yeares or thearaboutes, sworne & examyned as A defendannt to certen Interrogatories to hyme ministred one the p[ar]te & behalf of the Rev[er]end father in God, the Lord Bushopp of Sarum, her highnes Almoner Taken w[i]th the awnsweare of the said Roberte Bates by his oth to the bill of Complainte of the said Lord Bushopp at Morpeath in the said County of Northumb[er]land, the eight daye of January in the xxxjth yeare of the Raigne of oure Sov[er]aigne Lady Elizabeth by the grace of god Quene of England Frannce & Ireland defender of the faithe &c, Before James Ogle and Edward Gray Esquires, by vertue of her ma[jesties] comission, heareunto annexed to them and others directed/ as followeth (videlt)

1 To the firste Interr[ogatory] he sayeth, That Thomas Bates in this Interr[ogatory] menconed died seazed as this deponent verely thinketh of foure Ten[emen]tes & a half in Hallywell in the County of Northumb[er]land now in the sev[er]all occupacons of Robert Helme Mathew Ladley Thomas Maulteland Edward Wigham and wedow Peirson/ Also of nyne Ten[emen]tes & a wast Chappell in Milbourne in the said County of Northumb[er]land now in the sev[er]all tenures of Ewen Horstley, Stephen Readhead, Bartram Fenwick, Jarrett Shafto George Harle, Wedow Wynchhopp, John Readhead & Osse Readhead Also of certen landes in Litle Benton in the said Countie, thone half whearof is in thoccupacon of one Christofer Elmer, and thother half was late in the occupacon of the said Thomas Bates, Also of a Ten[emen]te w[i]th thapp[ur]tennances in East Harford in the said Countie, now in thoccupacon of James Bourne Also of certen houses Ten[emen]tes & dovecotes w[i]th theire app[ur]tenances in Morpeath aforesaid in the said County in the sev[er]all occupacons of Thomas Readehead, Thomas Warrener, William Readhead, Thomas Milbourne Thomas Harrison, James Rosse, Edward Marre & others, Also of two Ten[emen]tes & a cottage in Benwell in the said Countie in the tenure of William Errington, Also of certen landes in Langhurste in the said County in the tenure of one [blank] Robson/ Also of two messuages or Ten[emen]tes in Oldmore in the said County now in the tenures of Thomas Jennyng & George Jennynge/ Also of two Ten[emen]tes in East Chivington in the said County in the tenures of John Robinson & others/ Also of two Ten[emen]tes in Morrick in the said County in the tenures of John Horsley and others, Also of two Ten[emen]tes in Ryveley in the said County in the tenures of Thomas Collingwood & others/ Also of a Ten[emen]te in Reaseat in the said County, late in thoccupacon of the said Thomas Bates Also of the Advowson of the p[ar]sonage of Whalton in the said County Also of a Ten[emen]te w[i]th thapp[ur]tenances in Bedlington in the County Palentyne of Durham, and late in the tenure of the said Thomas Bates Also of one Ten[emen]te w[i]th certen Shoppes & a Staithe w[i]th theire app[ur]tenances in Gateside in the County of Durham in the tenure of Richard Nattres or his Assignes/ And of certen houses w[i]th theire app[ur]tenances in the Towne of Newcastle uppon Tyne, late in the tenure of the said Thomas Bates and his Assignes

2 To the second Interr[ogatory] he sayeth as he verely thinketh That the said Thomas Bates in this Interr[ogatory] menconed, had & heald, All his said landes in Halliwell and fyve of the said Ten[emen]tes in Milbourne, the half of Litle Benton aforesaid All his said landes in East Harford, Morpeath, Benwell Langhurste Reaseate and the said Advowson of Whalton, foure dovecotes in [Morpeath] Bedlington East Harford & Benwell, by an Estate in Tayle, And the rest of his said landes menconed in the said first Interr[ogatory] he the said Thomas Bates had & heald p[ar]te by discente and p[ar]te by purchase

3 To the third Interr[ogatory] he sayeth he cann say no more then to the second Interr[ogatory] he hath sayd

4 To the fourth Interr[ogatory] he sayeth That he this deponent enioyeth and holdeth as brother & heire to the said Thomas Bates one Ten[ement] w[i]th thapp[ur]tenances in Bedlington aforesaid/ Also another Ten[emen]te in Reas[eate] aforesaid, also certen houses in Newcastle aforesaid, And he further sayeth t[he] residue of the said landes & Ten[emen]tes in the first Interr[ogatory] menconed are holden [&] enioyed by div[er]s other p[er]sons, but by what right or title this deponent is ignorante for lack of the evidences of the same landes

5 To the fyfte Interr[ogatory] he sayeth he can say no more then to fourth Interr[ogatory] he h[ath] sayd, Saving that he this deponent p[re]tendeth as brother & next heire to the said Thomas Bates to clayme the residue of the said landes in the said first Interr[ogatory] menconed

6 To the Sixt Interr[ogatory] he sayeth that the said Thomas Bates in this Interr[ogatory] menconed dyed possessed of much more goodes chattells utensills & furniture of household then is contayned in the Inventory exhibited by his executors or Administrators, As this deponent is well able to averre & prove

7 To the Seaventh Interr[ogatory] he sayeth that all the goodes chattells utensills and furniture of household or the most p[ar]t theareof w[hi]ch the said Thomas Bates dyed possessed of came to the handes & possession of Marke Errington William Fenwick & George Graye in the bill of complaint menconed, And this deponent to the best of his Judgement & estymacon can value or estymate the said goodes chattells debtes utensills or furniture of household w[hi]ch the said Thomas Bates dyed possessed of at no lesse then one thowsand poundes starling or theareaboutes

8 To the Eighte Interr[ogatory] he sayeth That the said Marke Errington William Fenwick & George Gray or such p[er]son or p[er]sons as they or some of them have sould or conveyed the same unto, have the said goodes chattells utensills and furniture of houshold w[hi]ch the said Thomas Bates dyed possessed of, And this deponent can say no more to the value theareof then to the seaventh Interr[ogatory] he hath sayd

James Ogle Edward Gray

Rejoinder of Robert Bates:

The Reioinder of Robt Bates gent one of the defend[an]ts to the bill of Comp[laint] of John Percy Bushoppe of Sarum & high Alm[oner] to hir Ma[jestie]

The said defend[ant] for Reioinder saith that the said bill and Replycation of the said Comp[lainant] ar inc[er]tayne and insuffitient in the lawe wheareuppon [this] honorable Courte ought not to p[ro]ceed & inioyn the said defend[ant]to make any further attendance to the matters thearin againste him alleadged For that [yt] is very true as this defend[ant] in his annswer to the said bill & allso in his p[er]sonall annswers to the Interrgaterys to him mynistred by the said Compl[ainant] hath fully & plainly sett downe That albeit the said Thomas Bates in the bill named did owe unto the said Henry Earle of Northumb[erland] the said some of eight hundreth Poundes, by bond As in the said bill is surmised that yet nev[er]thelesse the said Compl[ainant] ought only in all equity right and conscience to demannd and have the same againste the said executors or Administrators of the said Thomas Bates whoe have in their handes & administration full assets at the leaste the some of One hundreth Poundes or more of the goodes debtes chattells rightes and Credittes of the said Thomas Bates to satisfie and dischardge the said supposed debt & not of this defend[ant] to whome a fewe howses greatly wasted and decayed w[i]th c[er]tayne other litle p[ar]cels of land of very small quantity and value discended in spetiall tayle as brother and heire male of the said Thomas & w[i]th nothinge at all thearof saved or resived for the sustentacon & mayntenannce of the said defend[ant] his poore wife Children & family havinge noe other relief nor livinge Especially for that the said defend[ant] noe wayes knowinge nor ev[er] hearinge of any such supposed debt as in the said bill is surmised did Imediatly after the death of the said Thomas Bates & longe tyme before the said bill exhibited or any notice or intelligence at all to him given of the said supposed debt of Eight hundreth poundes for good Causes and lawfull Consideracons bona fide And for the better mayntenannce of his poore Children yssue & Convey soe mutch of the said landes late of the said Thomas whearof he did happe seisen by discent from the saide Thomas Bates by suffitient Conveyannce and assurance in the lawe in such sort & to such uses and for such estate as in the said annswer is truly sett downe w[i]th Remainder ov[er] in Fee to c[er]tayne other p[er]sons in the same assurances allso menconed wheareuppon noe Rente and other service Re.... nor p[ro]fitt at all nor anye contingent use or estate therein is execpted res[er]ved nor Conveied unto the said defend[ant] or any other to his use w[i]thout [that] that the said defend[ant] to the intent to inrich himself w[i]th the landes of the said Thomas Bates did fraudelently Convey & assure the same as in the said Replication is suggested And w[i]thout [that] that any other thinge or matt[er] in the said Replicacon Contayned materiall to be reioyned unto and hearin not Confessed denied or avoided is true All w[hi]ch this defend[ant] is ready to averr and p[ro]ve [in] this honorable Courte shall award And therfor prayeth to be from hence dysmissed w[i]th his reason able costes And chardges in this sute wrongfully sustayned

Baxter