STAC 5/A56/33

Court of Star Chamber:

Almoner v Trustram Fenwike of Brinckborne [Brinkburn], Robt Raymes of Short Flat [Shortflatt], William Fenwick of Bitchfield, Elizabeth Mallery widow of George Mallery of Tickhill Yorks, Cuthbert Ogle of Chappinghden [Choppington], Richard Dawson of Tynmouthe [Tynemouth], Isack Wythrington of Plessey, Thomas Ogle of Hepscot, Christopher Harbottle of Hanaby Grainge Yorks, Robert Harbottle of ...wse, Robert Gofton of Ersden [Earsdon], Gerrard Lylborne of Monckseaton [Monkseaton], Jeames Otway of Tynmouth, Edward Robinson of Tynmouth, Edmond Grene of Ulwham, Raphe Harbottle of Preson, John Procktor, Alexander Forster, Cuthbert Forster, Mathewe Forster, Nicholas Forster, Ephram Woddrington Garret Woddrington, and Giles Heron

Transcript: Dave King

Bill of Complaint:

[date tbc: 27 Eliz]

To the Quenes most excellent Ma[jes]tie

Humbly besecheth your highnes your obedient subiect and servant John Perce Buyshop of Sarum highe Almoner to your highnes that where your highnes by your graces L[etters] Patentes under your great Seale of England bearing date att Gorambury the Twentith day of Aprill in the Eightene yere of your highnes Raigne did of your especiall grace and mere mocion gyve and grant unto your said servant towards the Augmentacon and increase of your highnes Almes aswell a[ll] and singuler Goods, Cattells and Debts of Whatsoever p[er]son and p[er]sons felons of themselfs as all and singuler deodands w[i]thin this your highnes Realme of England and Walles and the Marches thereof aswell w[i]thin liberties as w[i]thout found or to be found, forfeited, or to be forfeited, w[hi]ch to your highnes at that tyme or at any time after the fiftene day of Aprill next past before the date of the said L[etters] Patentes did or ought to apperteigne And afterwards so longe as your said subiect should happen to be your highnes Almoner shold apperteigne or happen by any meanes And that yt shold be lawfull to and for your said subiect his deputies and servants all and singuler such Goods Chattells, and Debtes of felons of themselfs and Deodands wheresoev[er] they shold be found aswell w[i]thin liberties as w[i]thout to Seaze, recov[er], levye and gather together And whereas Sir Henry Percy Knyght late Earle of Northumberland deceased uppon the One and Twentith day of June in the seaven and Twentith yere of your highnes Raigne w[i]thin your highnes Towre of London did commyt felony of himselfe and thereof died the said day as doth and may appeare by an Inquisicon thereof taken before your highnes Coroner of your Citie of London at your highnes said tower of London uppon the said One and Twentith day of June in the said seaven and Twentith yere of your highnes Raigne uppon veiwe of the deade body of the said Earle of Northumberland By reason whereof all and singuler such goods Chattells and Debts, as where to the said Earle at the tyme of the said felony committed to your highnes said subiect servant and Almoner should and ought to belonge and apperteyne by vertue of your highnes said grannt to him made as is aforesaid And whereas one Trustram Fenwike of Brinckborne in the Countye of Northumberland gent was indebted and ought to have paid to the said [late Earle] the soume of nyne pounds of lawfull Englyshe money in or about the feast day of St Peter ad vincula w[hi]ch was in the yere of our Lord God One Thousand fyve hundred and Fowreskore, at the Castell of Tynmouth in the said County of Northumberland And whereas one Robt Raymes of the Short Flat in the said County of Northumberland Esquior by his writing obligatory bearing date the sixe day of August in the Two and Twentith yere of your hignes Raigne did acknowledge him selfe to owe to the said late Earle the soume of six Pounds thirtene shillinges and fowre pence and to the trewe paym[en]t thereof did bynd himselfe his heires executors and administrators. And whereas one Willm Fenwike of Bitchfeild in the said County of Northumberland gent by his writinge obligatory dated the fyftene day of August in the One and Twentith yere of your highnes Raigne did acknowledge himselfe to owe unto one Robert Helme the soume of Twenty Pounds uppon Condicon to pay the said Robert Ten Pounds to the use of the said Earle And to the trewe paym[en]t of the said Twenty Pounds did bynd himselfe his heires executors and administrators, And whereas George Mallery of Tickhill in the County of York gent by his Writinge obligatory dated the Twelve day of July in the One and Twentith yere of your highnes Raigne did acknowledge himselfe to owe unto the said Earle the soume of Two Hundred Pounds and to the trewe paym[en]t thereof did bind himself his heires executors and administrators, And after that the said George in the liffe tyme of the said Earle dyed and [Eliza]beth Mallery late wiffe of the said George as Executor to the said George did administer the Goods and Chattells of the said George. And neither he the said George in his lyffe time nor the said Elizabeth since his decease the said soume of Two Hundred Pounds to the said Earle in his lyfe time nor to your highnes said Almoner since his decease, thoughe the said George in his liffe and the said Elizabeth since his decease have bene often required, have satisfied or paid. And whereas one Cuthbert Ogle of Chappinghden in the Bishopricke of Durham Esquier did borow of the said late Earle as money to him lent by the hands of the said Robt Helme the soume of Forty two pounds fowre shillings and Eight pence, of lawfull englysh money about or in the Twelf day of Aprill w[hi]ch was in the yere of our Lord God 1574 to be repaid to the said Earle at a daye nowe long past And whereas Richard Dawson of Tynmouthe in the said County of Northumberland, yeoman by his writinge obligatory dated the Nyne and Twentith day of Octobre in the Six and Twentith yere of your highnes Raigne did acknowledge himself to owe unto the said Earle the soume of Thirty Pounds and to the trewe paym[en]t thereof did bynd himselfe his heires executors and administrators. And wheras Isack Wythrington of Plessey in the said County of North: gent borowed of the said Earle in or about the Moneth of August in the yere of our Lord God 1575 as money to him lent by the hands of the said Robt [Helme] the [some of ....] Pounds to be repaid unto the said Earle at a day nowe long past And Whereas one Thomas Ogle of Hepscot in the said County of Northumberland gentleman borowed of the said late [Earle] in or about the moneth of September in the yere of .... the soume of Six Pounds Ten shillings as money to him lent by the hands of the said Robt Helme and to be repaid to the said Earle at a day nowe long past And wheras ... Christopher Harbottle of Hanaby Grainge in the said County of York gent and Robert Har[bottle] of ...wse in the Buyshoprick of Durham gent by their writing [obli]gatory did confesse themselfe to owe unto the said Robt Helme to the use of the said Earle the soume of Eight Pounds and to the trewe paym[en]t thereof did bynd themselfe [and] every of them their and every of their heires executors and administrators in and uppon the fourtene day of June in the Two and Twentith yere of your highnes raigne And whereas Robert Gofton of Ersden in the said County of Northumberland husbandman by his writing Obligatory dated the Twenty day of [Jan]uary in the Thr[ee] and Twenty yere of your highnes said raigne did confesse himselfe to owe unto the said Earle the soume of Nyne Pound two shillings six pence and to the trewe payment thereof did bind [him]selfe his heires executors and administrators. And whereas ... Jerrard Lylborne of Monckseaton in the said County of Northumberland husbandman by his writing obligatory dated the said Twenty day of January in the said Three and Twentith yere of your highnes raigne did confesse himselfe to owe unto the said Earle the soume of Eleven [P]ounds Three shillings fowre pence. And to the trewe paym[en]t thereof did bynd himselfe his heires executors and administrators. And whereas Jeames Otway of Tynmouth aforesaid husbandman by his wrytinge obligatory dated the Twenty day of January in the said Three [and] Twentith yere of your highnes raigne did confesse himselfe to owe unto the said Earle the soume of six pounds seaventene shillings Eight pence And to the trewe paym[en]t thereof did bind himselfe his heires executors and administrators. And [whereas] [Edwa]rd Robins[on] of Tyn[mouth] aforesaid husbandman did by his writing obligatory dated the fowre and Twenty daye of January in the said Three and Twentith yere of your highnes raigne Confesse himselfe to owe unto the said Earle the so[me] of Fyve pound Twelve shilling[s] Two [pence and] to the trewe payment thereof did bynd himself his heires executors and administrators. And whereas Edmond Grene of Ulwham in the said County of Northumberland yeoman by his wryting obligatory dated the Nyne and Twentith day of June [in the] Two and Twentith yere of your highnes said raigne did confesse him self to owe unto the said Earle the soume of six pounds thirtene shillinges fowre pence And to the trewe payment thereof did bynd himself his heires executors and administrators. And [whe]reas Rafe Harbottle of Preson in the said County of Northumberland gent by his wryting obligatory dated the Three and Twenty day of July in the Two and Twenty yere of your highnes raigne did Confesse himself to owe unto the said Earle the soume of [f]owre Pound seaven shillinges. And to the trewe payment thereof did bind himselfe his heires executors and administrators. And whereas the said Earle in his liffe time in the terme of the holy Trinity in the Five and Twentith yere of your highnes raigne in [an] acc[on of] trespas did recov[er] before your highnes Justice of the common Pleas at Westm[inster] against John Prockter, Alexander Forster, Cuthbert Forster and Mathewe Forster, the soume of ............ for his damages and ........... Pounds ...etene shillings for his costs [of sute] And whearas the said Earle in the terme of the Holy Trinitie in the Fowre and Twenty yere of your highnes raigne in an accon of trespas did recov[er] before your highnes [Justice of the ] Common Pleas at Westm[inster] against Nicholas Forster Ephram Wooddrington Ga.... Woddrington and Giles Heron the soume of Two shillinges for his damages and Elevene Pounds Ninetene shillinges for his costs of sute Nev[er]thelesse the p[ar]ties aforesaid .... any of them the sev[er]all soumes of money aforesaid nor any of them nor any p[ar]t or p[ar]cell thereof the said Earle in his lyffe tyme nor to your highnes said Almoner since the decase of the said Earle hath satisfied or paid though they have bene often required but yet do refuse to paye. In tender consideracon whereof And for that the said sev[er]all soumes of money would greatly augm[en]t and .....ase your highnes most ryall Almes as well for and towardes the relief of many poore wydowes, orphanes and other aged and ympotent people w[i]thin this your highnes realme of England of w[hi]ch the number is very great and doth dayly encrease As also for and to[wards] the Comfort and Releif of many and soundry maymed souldiers that nowe be and doe dayly retorne into this your highnes Realme, succorles and distressed from and owt of the warres and from the Seas. And for and towards the nedefull rep[ar]acons of many and sondry dangerous decayed Bridges highe waies and other common Passeges for your highnes people w[i]thin this your said Realme of England. May it Please your highnes to grannt your gracious wryts of Subpena to be directed to the said Trustram Fenwike, Robt Raymes, William Fenwick, Elizabeth Mallery, Cuthbert Ogle, Richard Dawson, Isack Wythrington Thomas Ogle, Christopher Harbottle, Robert Harbottle, Robert Gofton, Gerrard Lylborne Jeames Otway Edward Robinson Edmond Grene, Raphe Harbottle, John Procktor, Alexander Forster, Cuthbert Forster, Mathewe Forster, Nicholas Forster, Ephram Woddrington Garret Woddrington, and Giles Heron, Commanding them and every of them at a certayne time and under a certaine payne p[er]sonally to be and appere before your highnes and your Counsaile in your highnes most honorable Court of Starr[c]hamber to answere to the premisses and therein to abide thorder of your highnes and your said Counsaile. And your highnes said ................ shalbe .......... as he is many wayes already, Continually to pray to God for your highnes longe and prosperous raigne over us/

Morice Read