STAC 5/B3/25
Court of Star Chamber:
Cuthbert Bates of Hallywell [Holywell], Northumberland v Willm Fenwicke of Blackden [Blagdon], Marke Errington of Ponteland, George Graye of Alnwick, Robte Helme, Anthonye Anderson & Symond Chambers
Transcript: Dave King
see also:
STAC 5/B51/1: Depositions of Robert Helme & Anthony Anderson
Contents
Bill of Complaint:
19 Nov 37 Eliz
To the Queenes moste excellent Ma[jestie]
[Humb]lye compleyninge sheweth unto your moste excellente Ma[jestie] your highnes treu Lawfull and obedient Subiecte Cuthbert Bates of Hallywell in your Ma[jesties] countie of Northumberland gent that whereas one Thomas Bates late of Moorepithe in the said countie of Northumberlande gent was in his lyfe tyme [seised in his] demeasne as of Fee of all that the Capitall messuage or ferme called little Bempton als Benton, and of and in divers howses, Orchyardes, Gardens, Landes, Meadowes, pastures and hereditam[en]ts w[i]th thappurtenances in Litle Bempton als Benton aforesaide And the saide Thomas Bates was alsoe in h[is] ........ lawfullie seised as of Fee and right of and in the advowson, donacon free guifte disposicon, and right of Patronage of the Rectorye and p[ar]ishe churche of Whalton in your Ma[jesties] said countie of Northumberlande, And the saide Thomas Bates in and uppon or aboute the xxxjth daie of Auguste in the Nyne and ....the yeare of your Ma[jesties] saide Raigne dyed soe seised of all and singuler the saide Messuages Landes, ten[emen]tes advowson and all and singuler other the p[re]misses, By and after whose Decease the saide Capitall Messuages landes tenem[en]tes advowson and all and singuler other the p[re]misses w[i]th thappurt[enances] did discende & [come] and of right ought to have discended and come to Roberte Bates Father of your saide Subiecte as brother and heire of the saide Thomas Bates Neverthelesse the saide Robte Bates Father of your saide Subiecte died before he made anie entrye into the saide Messuage and oth[er] the p[re]misses By and after whose [de]cease the saide capitall Messuage Landes, ten[ementes], advowson, righte of Patronage and all and singuler oth[er] the p[re]misses w[i]th thappurt[enances] did discende and come, and of righte shoulde and oughte to discende and come to your saide Subiecte as sonne and heire of the saide Roberte brother and heire of the saide Thomas, And your saide Subiecte did Lawfullie enter into the saide Messuage landes and ten[ementes] w[i]th thapp[urtenances] and was Lawfullie seised thereof accordinglie, But nowe soe it is moste gracious sov[er]aigne that one Willm Fennwicke of Blackden in your Ma[jesties] saide countie of Northumberlande gent Marke Errington of Pontelande in the same countie gent and one George Graye of Alnewicke in the same countye gent and div[er]s other p[er]sons to your saide Subiect unknowne the xxth daie of Marche in the thirtethe yeare of your Ma[jesties] raigne and at div[er]s and sundrie other tymes before and sythence the same daie at Morpethe aforesaide and other places thereaboutes, did confiderate combine and assemble themselves together wittinglye subtillye and falslye to disenherite and defeate the said Robte Bates Whoe was then lyvinge and your saide Subiecte, sonne and heire of the said Robte of all and singuler the saide Capitall messuage, lands, tenementes advowson and right of patronage and of all other the p[re]misses w[i]th thappurt[enances] and wittinglie subtillie and falslye to forge and make and wittinglie and subtillye to cause and assente to be made div[er]s false deedes, Chres and wrytinges sealed in the name of the said Thomas Bates To the intent that the estate of Freeholde and inheritance of the said Robte Bates Father to your saide Subiecte and of your saide Subiecte of in and to the saide Capitall Messuage landes ten[ementes] advowson right of Patronage and all other the p[re]misses w[i]th thappurt[enances] and the Right tytle and entereste of the saide Robte Bates and of your saide Subiecte of in and to the same p[re]misses shoulde and mighte be molested troubled defeated recov[er]ed or charged, And the said Willm Fenwicke Marke Errington and George Graye at thaforesaide tymes and places did consulte conspire devise and practize by what unde... courses or unlawfull meanes they mighte bringe to effecte theire saide evill and ungodlie purpose And the saide Willm Fennwicke Marke Errington and George Graye w[i]thin shorte tyme after the decease of the saide Thomas Bates of theire extorte powar and w[i]th force and Armes did enter into the saide howse of the saide Thom[as] Bates called Litle Bempton als Benton and into his house at Newcastle uppon Tyne and then and there by casuall and indirecte meanes did gett into theire or some of theire handes the signett or seale of Armes of the saide Thomas Bates or such seale as the said Tho: Bates in his lyfe tyme had usuallye sealed wrytinges w[i]thall, And the saide Willm Fennwicke, Marke Errington and George Graye w[i]th div[er]s and sundrye other p[er]sons to your saide Subiecte as yett unknowne not havinge the feare of god before theire eyes nor anie regarde of your Ma[jesties] Lawes and Statutes or the punishm[ents] therein conteyned after the deathe of the saide Thomas Bates that ys to saie the xxvth daye of Marche aforesaide in the saide thirtethe yeare of your Ma[jesties] Raigne at Newcastle aforesaide of theire heades and Imaginacons and by false conspiracies frawde and Coven amongeste themselves and w[i]th others to thintent aforesaide did wittinglye, subtillye, and falslye contryve forge and make or some one of the saide evell disposed parsons by the conspiracie confederacie, assent frawde & covin of the residewe of them did wittingly subtillie and falslye Contryve forge and make one false writinge that is to saie one wrytinge Indented purportinge to be made the Seavententhe daie of June in the saide Nyne and twentethe yeare of your Ma[jesties] happie reigne betweene the saide Thomas Bates on thone p[ar]tie and the saide Willm Fenwicke of thother p[ar]tie and purportinge that the saide Thomas Bates in and by the saide false wrytinge Indented for the goodwill zeale and favor w[hi]ch he did beare and owe to the saide Willm Fenwicke and for div[er]s other good causes and consideracons him the saide Thomas Bates movinge shoulde demise, Grannte and to ferme lett to the saide Willm Fenwick his executors and assignes all that his advowson, donacon, free guifte, and righte of Patronage of the Rectorye and p[ar]ishe churche of Whalton aforesaide w[i]thall and singuler thappurt[enances] thereunto belonginge and app[er]teyninge, To have and to holde the saide advowson, donacon, free guifte and right of Patronage of the said p[ar]ishe Churche of Whalton aforesaide w[i]thall and singuler thappurt[enances] thereunto belongine to the saide Willm Fenwicke his executors and assignes from the daie of the date of the saide false wrytinge Indented for and duringe the terme of Fortye and one yeares then nexte and Imediatelie followinge fullie to be compleate and ended. w[hi]ch false & forged wrytinge was written and sealed w[i]th the Seale of Armes of the saide Thomas Bates or some other seale after the deathe of the saide Thomas and the name of the saide Thomas Bates was counterfeyted and subscribed to the saide false and Forged wrytinge whiche sealinge and subscribing was corruptlye and falsly done and comitted the saide xxvth daie of Marche at Newcastell aforesaide by the saide Willm Fenwicke Marke Errington and George Graye or some of them by the confederacye and assent of the resydewe of them, Or by some other p[er]sonne or p[er]sons by theire own conspiracie assente and p[ro]curement and they the saide, Willm Fenwicke, Marke Errington and George Graye or some other p[er]son or p[er]sons by theire conspiracie Covin & assent for the better color and countenance of the saide false and forged Deede, did then and there after the wrytinge and sealinge thereof .... the same false and Forged Deede w[i]th theise woordes, Signed, sealed and deliv[er]ed in the p[re]sence of these witnesses and underneathe the same Indorsem[en]t did wryte or cause to be written theise names Thomas Franke, Symond Chambers, and Anthonie Anderson whereof some were written in Romaine l[etters] and some in secretarie hande in different manner and sundrie charecters to thintent to make shewe that p[er]sons of the same names had written their owne names w[i]th theire sevarall [handes as] witnesses of the saide forged deede and Imediatelye or shortlye after the contryvinge makinge, wrytinge sealinge subscribinge and Indorsinge of the saide false and forged wrytinge Indented the saide Willm Fenwicke, Marke Errington, and George Graye and div[er]s others to your said Subiecte [unknowne] or some of them and to thentent aforesaide by the conspyrcye [confederacie] and assent of the residewe of them and to thintent aforesaide and knowinge the same wrytinge Indented to be false and Forged did the saide xxvth daie of Marche in the thirtethe yeare of your highnes Raigne & at div[er]s other tymes sythence aswell in the lyfe tyme of the saide Robte Bates as [after] his deathe wittinglie subtillie and falslye p[ro]nounce, publishe, and showe forthe the said false and forged wrytinge Indented at Bempton als Benton aforesaide and in div[er]s other places aswell in the saide countie of Northumberlande as [else] where w[i]thin the Realme of Englande as [thoughe the] same had bene a trewe deede, and made sealed and delivered by the saide Thomas Bates in his lyfe tyme, And they the saide Willm Fenwicke, Marke Errington and George Graye and other theire confederates in the said practizes havinge thusse contryved forged published and shewed forth in ev... the saide false wrytinge to thintent aforesaide, did thinke that the same did not content theire insatiable h..nors for that the same wrytinge Indented did not conteine sufficyent of the Landes, ten[ementes] and hereditam[ents] of the saide Thomas Bates dec[eas]ed and therefore they the saide Willm Fen[wick] Marke Errington and George Graye and div[er]s others evill disposed p[er]sons to your saide subiecte unknowne of theire conspiracie and confederacie aforesaide did afterwardes at div[er]s and sundry tymes assemble themselves at Newcastell and Little Bempton als Benton afore[saide] and div[er]s other places, and then and [th]ere [by] false conspiracie frawde and covin did wittinglye and subtillie agree and assent that they or some of them by the assent of the residewe of them shoulde falslye forge and make or subtillye cause & willinglie assent to be made one other false and forged wrytinge sealed [in] the name of the saide Thomas Bates deceased to the Intent that the estate of freeholde or Inheritance of the saide Robte Bates Father of your saide Sibiecte and of your saide Subiecte after his deathe of in & to the saide Capitall messuage landes and ten[ementes] in little Bempton als Benton aforesaide and the Righte tytle and [interest] of the saide Robte Bates, and of your saide Subiecte of in & to the same landes and ten[ementes] shoulde and mighte be molested, trobled, defeated, recovered and charged And the saide Willm Fenwicke, Marke Errington and George Graye and div[er]s other p[er]sons to your saide subiecte unknowne of their confederac[ie] and [to the] intent aforesaide or some of them by the assent and procurem[en]t of the residue of them the Firste daie of Aprill in the saide thirtethe yeare of your highnes Raigne or at some daie in the saide monethe of Aprill aforesaide of theire heades and Imaginacons and by false conspiracyes fraude and cor.... am[ong] them selves and w[i]th others did wittinglye subtillye and falslye forge make and contryve or some on of the saide evill disposed p[er]sons by the conspiracye confidracie assent frawde & covin of the residewe of them did wittinglye subtillie and falslye contryve forge and make and did subtillie cause and wittinglye ...ent t... forged made and contryved to thintent aforesaide one other false wrytinge that ys to saye one Indenture conteyninge & purportinge to be made the saide sevententhe daye of June in the saide nyne and twentethe yeare of your Ma[jesties] gracyous raigne betweene the saide Thomas Bates on thone p[ar]te and the [saide] Willm Fennecke on thother p[ar]tie, and further purportinge that the saide Thomas Bates in and by the saide laste false and forged deed or wrytinge for div[er]s good causes and consideracons him there unto movinge did demise grant and to ferme lett to the saide Willm Fennocke his executors and assignes [all] that his capitall messuage or ten[emente] called little Bempton and all the landes ten[ementes] and hereditam[ents] w[i]th thappurt[enenaces] in little Bempton aforesaide and all howses edifices, buildings, yardes, Ourchyardes, dovecotes, clases and gardens in and about the same and alsoe all and all manner of Arrable Landes medowes ma..es past[ures] commons, Feedings, woodes, underwoodes and heathes w[i]thall and singuler theire appurt[enances] whatsoever to the saide Capitall messuage, or ten[emente] belonginge or in anye wyse app[er]teyninge in as large and ample manner as he the said Thomas Bates and one Christopher Elmer did then occupie the p[re]misses or anye other p[er]son or p[er]sons thentofore have had, occupied and enioyed the same or anye p[ar]cell thereof together w[i]thall that the saide Advowson, donacon, free guifte disposinge and right of Patronage of the saide Rectorye and p[ar]ishe churge of Whalton aforesaide w[i]th all and singuler rightes and appurt[enances] there unto belonginge or in anye wyse app[er]teyninge, To have and to houlde the saide capitall messuage, or ten[emente] called little Bempton and all other landes, Ten[ementes] and hereditam[entes] & all other the p[re]misses w[i]thall & singuler theire appurt[enances] to the saide capitall messuage belonginge or in anye wyse app[er]teyninge and alsoe the advowson donacon Free guifte and right of Patronage of the Rectorye and p[ar]ishe churche of Whalton aforesaide & all other the p[re]misses w[i]th all and singuler thappurt[enances] thereunto belongeinge to the saide Willm Fenwicke his executors and assignes to beginne and take effecte after thende and expiracon of the lyves Naturall of the said Thomas Bates and Isabell nowe his wyfe for and duringe thende and terme of Fortie and one yeares next and Imediatelye followinge fullye to be compleate and ended And the said Willm Fenwicke Marke Errington and George Graye or some of them by the confederacie and assent of the residewe of them or some other p[er]son or p[er]sons by their meanes ........ and assent did then ..ryve & ingrosse into p.... the saide false dede and Indenture and did then seale the same w[i]th the seale of Armes of the said Thomas Bates or some other seale and did then counterfeite and subscribe the name of the saide Thomas Bates to the saide laste recyted false and forged deede & Indenture after the deathe of the saide Thomas Bates And they the saide Willm Fenwicke Marke Errington and George Graye or some of them or some other p[er]son or p[er]sons by theire meanes procurem[ent] conspiracie Covin and assent for the better shewe color, Counte[nance] and credit of the saide last recyted false and forged ded did then p[re]sently after the wrytinge & sealinge thereof Indorse the same false and forged dede with ................................... the p[re]sence of Thomas Franke, Symon Chambers & Anthonye Anderson whereof some were written in Romaine hande & some in sceretarye hande in different manner and sundrye Charecters of [letters] to thintent to make shewe that p[er]sons of the same names had written w[i]th theire owne handes theire owne names as witnesses of the last [recyted] false and forged deede & Indenture And Imediately or shortlye after the conveighinge, makinge, wrytinge, sealinge, subscribinge & indorsinge of the saide laste recyted false and forged deede and Indenture they the saide Willm Fenwicke, Marke Errington and George Graye and div[er]s others to your saide Subiecte unknowne ........................................ assent of the residewe of them and to thintent aforesaide and knowinge the same laste recyted deede and Indenture to be false and Forged did wittinglie Subtillye and falselye Pronounce publishe and shewe furthe in evidence the saide false and forged deede wrytinge and Indenture as a trewe wryting ... ..denture at little Bampton als Benton aforesaide and at ..... other places aswell ........................ of Northumberlande and elsewhere w[i]thin the Realme of Englande, To the intent that the estate of inheritance of the said Robte Baytes and of your saide Subiecte after his Deathe and the Right tytle & Intereste of the saide Robte Bates and of your said subiecte of in or to the saide capitall Messuage, Landes ten[ementes] advowson, right of Patronage & other the p[re]misses w[i]th the App[urtenances] shoulde and mighte be molested troubled defeated, recovered and charged. And the saide Willm Fenwicke by the assent and counte[nance] of the saide Marke Errington and George Graye shortly after the deathe of the saide Thomas Bates, and after the makinge, contryvinge, forginge and publishinge of the saide false deedes did by color thereof wrongfullye enter into the saide Capitall Messuage landes and ten[ementes] and other the p[re]misses w[i]th thapp[urtenances] and for the space of Sexe or Seaven yeares nowe laste paste and after the deathe of the said Isabell Baites hathe wrongfullie taken the rents issues and profitts of the same landes & ten[ementes] and converted the same to his owne pryv[ate] use and still occupieth and inioyeth the same Landes and ten[ementes] and claymethe to have an estate there in for the saide termes by the saide false and forged deedes: and hathe kept and still dothe keepe your said Subiecte furthe of the possession and occupacon of the same Landes and Ten[ementes And the saide Willm Fenwick Marke Errington and George Graye or some of them by thassent of the Residewe of them after the makinge contryvinge and Forging of the saide sev[er]all false and Forged deedes still fearinge that the same were not of anye good color or Credicte did Pronounce & Publishe the same false and forged deedes before one Robte Helme of Tynemouthe in the saide countye of Northumberlande gent on or about the fourth daie of Aprill aforesaid and did proteste that the same false and forged deedes were trewe knowinge the same to be false and forged as aforesaide And they the saide Willm Fenwicke, Marke Errington and George Graye or some of them by the assent of the rest did then move and p[er]swade the saide Robte Helme to wryte his name as a witnesse on the backe syde of the sev[er]all false and forged deedes for the better color and counte[nance] of the same deedes and the saide Robte Helme at theire saide mocon and p[er]swacions did w[i]th his owne hande indorse his name on the backe [syde] of bothe the saide false deedes as a witnesse thereof where in trewethe he the saide Robte Helme nor anye of the saide other p[er]sons were never anye witnesses of the saide false and untrew wrytinges And further shewethe unto your Ma[jestie] that the said p[ar]ishe Churche of Whalton about two yeares after the deathe of the saide Thomas Bates became voyde of an Incumbent by the deathe or resignacon of the then last person and Incumbent by the deathe or resignacon thereof After whose deathe the said Willm Fenwicke by the assent of the saide Marke Errington and George Graye did estsones publishe and shewe forthe in evidence the saide false forged deedes aswell before the Ordinarie of the same Churche as alsoe div[er]s other p[er]sons, and by the same false and forged deedes did claime the Righte of the Patronage of the said Churche, and the tytle and Intereste to p[re]sent thereunto And the said Willm Fenwicke did then lykwyse presente one [-- blank --] Clarke to the saide Ordinarie to be admitted instituted & inducted in the saide Churche of Whalton, And for that the saide Willm Fenwicke Marke Errington and George Graye did knowe the saide sev[er]all deedes and Indentures were false and forged and p[er]ceyvinge that the same were of all men or of verye manye p[er]sons vehementlye suspected to be false and Forged therefore they the saide Willyam Fenwicke, Marke Errington and George Graye did afterwardes conspire and practize to suborne and examine false wittnesses in some of your Ma[jesties] courtes of recorde to make proofe of the saide false and forged deedes or wrytings indented or of thone of them, And for the better effecte of theire saide devilishe devyse the saide Willm Fenwicke by the assent of the saide Marke Errington and George Graye in the terme of Easther in the xxxijth yeare of your Ma[jesties] saide Raigne, did exhibit his bill of Compleynte in your Ma[jesties] highe Courte of Channcerye to the Right honorable Sir Christopher Hatton knight then L[ord] Channcellor of Englande againste the saide George Graye And the said Willm Fenwicke in the same his bill of compleynte did shewe and sett forthe That whereas the saide Thomas Bates was lawfullie seised as of Fee of and in the advowson or Patronage of the Churche of Whalton and soe seised by his Indenture dated at or about the saide seavententhe daie of June in the saide Nyne and twentethe yeare of your Ma[jesties] Raigne did amongeste other thinges demise and grant the same unto the saide Willyam Fenwicke, To have and to houlde to him after thende and expiracon of the lyves naturall of the said Thomas Bates and Isabell his wiefe for and duringe the terme of Fortie and one yeares nexte and Imediatlye followinge fullie to be compleate and ended and that afterwardes the saide Thomas Baytes and Isabell his wiefe dyed and that after their deathe the saide Willm Fenwicke was thereof possessed for the saide terme of Fortie and one yeares and that the rev[er]con thereof was unto the saide Robte Baytes Father of your saide subiecte and his heires expectant as next brother and heire of the saide Thomas Baytes and that since the deathe of the saide Thomas Baytes the saide churche of Whalton became voyde and that by reason thereof it appeared unto the said Willm Fenwicke to p[re]sent his Clarke thereunto and that he was disturbed by the saide Robte Baytes to present thereunto by reason that the said George Graye had casuallye happened uppon the same Indenture and by noe meanes woulde deliv[er] the same unto the said Willm Fenwicke And therefore the saide Willyam Fenwicke in his said Bill of Compleynte prayed your Ma[jesties] writt of Subpena againste the saide George Graye to appeare in your highnes saide Court of Channcerye to answere the p[re]misses, Whereuppon the saide George Graye did Imediatlye appeare gratis w[i]thout anye writt served on him in your highnes courte of Channcerye and made his answere to the saide bill of the saide Willm Fenwicke and there in uppon his oathe did saie that trewe yt ys that the saide Thomas Bates was lawfullie seised as of Fee of and in the said advowson of Patronage of Whalton and soe beinge seised, dyed seised and that after his decease the same discended and came as of righte it ought to discende & came unto the said Robte Bates brother and heire of the saide Thomas, w[i]thout that that the said Thomas Bates in his lyfe tyme did by his deede bearinge date at [or] about the seavententhe daie of June in the Nyne and twentethe yeare of your Ma[jesties] said Raigne amonste other thinges (as the said George Graye did suppose) demise or grannte the advowson of the said Churche of Whalton unto the saide Willm Fenwicke, As by the saide Bill of compleynte of the saide Willm Fenwick and the answere of the saide George Graye remaininge of recorde in your Ma[jesties] saide Courte of Channcerye maye appeare And the saide Willm Fenwicke and George Gray beinge in the same fayned suite at A p[er]fecte issue concerninge the said supposed lease they the saide Willm Fenwick Marke Errington and [George] Graye still p[er]severinge in their said ungodlye conspiraces and practizes againste the saide Robte Bates and your said subiect to thintent aforesaide, and not havinge the feare of god before theire eyes or anye dewe regarde of your Ma[jestie] and of your highnes good and godlye Lawes statutes and ordinannces the thirtethe daie ..... and thirtethe daie of Maye in the two and thirtethe yeare of your Ma[jesties] said Raigne and div[er]s tymes before the same daies w[i]thin the Cyttyes of London and Westm[inster] and at Lambathe and Southwarke in the countye of Surrye and at dyvers other places w[i]th in this your highnes realme of Englande, did unlawfully and corruptly ..... letters rewardes, promisses, and other sinister and unlawfull meanes procure and suborne one Anthonye Anderson of Lambeth aforesaide yoman and one Symond Chambers of Southwarke aforesaide haberdasher or twoe p[er]sons of badde dispocicon whoe did name themselves to be of the same names addicons and Dwellinge places to comitt ...... and corrupt p[er]iurie in the saide fained suite then dependinge in your Ma[jesties] saide courte of Channcerye betweene the saide Willm Fenwicke playntiffe and the saide George Graye defendt touchinge and concerninge the saide Advowson and right of Patronage of the saide Churche of Whalton, & touchinge and concerninge the [said] .... and forged laste recyted deede and Indenture of the saide messuage, Landes, ten[ementes], advowson, and other the p[re]misses, And the said Anthonye Anderson and Symond Chambers or the saide two p[er]sons wrytinge themselves by the same names beinge procured and suborned as aforesaide were sworne and examined in your [Majesties] Courte of Chancerye the laste daye of Maye aforesaide, did falsly depose and saie by vertue of their oathes as followeth that ys to saie the saide Anthonie Anderson did depose that he did well knowe the said Thomas Bates deceased and that he did well knowe & remember that the saide Thomas Bates did in his [lyfe] tyme make or cause to be made an Indenture of lease betweene the saide Thomas Bates of thone p[ar]tie and the saide Willm Fenwicke then Compleynante of thother p[ar]tie conteyninge a demise of A certaine messuage or ten[emente] called Little Bempton and of the advowson and free disposicon of the p[ar]sonage of Whalton in the said Countye [of] Northumberland for that he was p[re]sente at the sealinge and deliv[er]ie of the same lease by the said Thomas Bates then lyenge sicke in his bedde at the signe of the Whytehorse in Islington in the Countye of Midd and that the same was muche aboute the same tyme three yeares then laste paste And that one Robte Helme did reade one p[ar]te of the saide Indenture to the saide Thomas Bates whoe afterwarde did subscribe his name thereunto and then did seale and deliv[er] the same as his deede to the saide Willm Fenwicke about three of the Clocke in the afternoone in the p[re]sence of him the saide Anthonye Anderson, and the said Robte Helme and one Symond Chambers servant to the saide Thomas Bates, And he further deposed and saide that the Indenture then shewed unto him by the Examiner in the tyme of his examinacon he did knowe to be the selfe same Indenture w[hi]ch the said Thomas Bates soe sealed and deliv[er]ed as aforesaide and that the same Anthonye Anderson did take, and did verely thinke and beleve that the name of Anthonye Anderson indorsed on the backsyde of the saide lease to be of his owne prop[er] hande wrytinge And the saide Symonde Chambers beinge produced suborned, sworne and examined the daie and yeare abovesaide did falslye depose and saie by vertue of his oathe that he did knowe The said Thomas Bates and that the saide Thomas Bates did in his lyfe tyme make or cause to be made an Indenture of lease betweene him the saide Thomas Bates on thone p[ar]tie and the saide Willm Fenwicke the then Complt on thother p[ar]tie conteyninge a demise of a messuage or tenem[en]t called Little Bempton and of the advowson of the p[ar]sonage of Whalton in the said countye of Northumberlande for the terme of Fortie and one yeares, and that the same lease was made the xvijth daie of June in the Nyne and thirtethe (sic) yeare of your Ma[jesties] Raigne and that one Robte Helme did reade one p[ar]te of the saide Indenture to the said Thomas Bates lyeinge then verye sicke uppon his bedde at the signe of the Whyte horse in Islington in the countye of Midd to the w[hi]ch p[ar]te of the saide Indenture so reade the said Thomas Bates did subscribe his name and then did seale and deliv[er] the same as his deede to the said Willm Fenwicke in the p[re]sence of the saide Symond Chambers and the saide Robte Helme (whoe wrote the saide deede) and one Anthonye Anderson and the same Indenture was soe sealed and delivered in the place aforesaide And that the Indenture then shewed unto him by the examiner in the tyme of his examinacon he did knowe to be the selfe same Indenture w[hi]ch the saide Thomas Bates so sealed & deliv[er]ed as aforesaide and that he did knowe that the name of Symon Chambers Indorsed [on] the ba[cksyde of] the said lease to be of his owne prop[er] hande wrytinge And by the saide deposicons of the said Anthonye Anderson and Symond Chambers remayninge of recorde in your Ma[jesties] saide Court of Channcerye maye appeare, In w[hi]ch theire said sev[er]all deposicons the said Anthonye Anderson and Symond Chambers by the unlawfull .................... subornacon of the said Willm Fenwicke, Marke Errington and George Graye did comitt voluntarie, wittinge, willfull, and corrupt p[er]iurie to the manifeste contempte of your gracyous Ma[jestie], and contrarye to your highnes said Lawes, For the said Thomas Bates did not at any tyme in his lyfe tyme ..................... made an Indenture of lease betweene the said Thomas Bates of thone p[ar]tie and the said Willm Fenwicke on the other p[ar]tie conteyninge A demise of the said Messuage or ten[emente] called little Bempton and of the advowson and free disposicon of the p[ar]sonage of Whalton and the said ............ did not ma.. .... of .... .... Indenture to the saide Thomas Bates, and the saide Thomas Bates .............................. suche ............................ the said Anthonye Anderson and Symon Chambers in theire said ................................................................ subornacon aforesaid have wilfullie, wittinglye, corruptlye and falslye deposed to the damamge of your saide Subiecte of one thousande Markes All w[hi]ch unlawfull asemblies, confederacyes, conspiracyes, practizes, fraudes, ...., forgeryes ................................................................ of false and ....... deedes, Periuries, subornacons & procurem[en]t of p[er]iuries & other the misdemeanors before menconed ar contrarye to div[er]s your Ma[jesties] good & [?Laudable?] Lawes and in greate contempte of your highnes crowne and dignitie, In tender consideracon whereof to thintent the said dis....... p[er]sons & malefactors before menconed maye receyve condigne punishment accordinge to the Lawes of this your Ma[jesties] realme and accordinge to the measure of their owne demerites to the terror & example of all others lyke evell disposed p[er]sons Maye yt therefore please your moste excellent Ma[jestie to grannt unto your said Subiecte your hignes most gracyous writt of Subpena to be directed to the said Willm Fenwicke, Marke Errington, George Graye, Robte Helme, Anthonye Anderson & Symond Chambers comanndinge them and everye of them at A certaine daye and under a certaine paine therein to be lymitted p[er]sonally to appeare before your Ma[jesties] moste honorable counsell in your highnes highe courte of Starre Chamber then & there to answer unto the p[re]misses and to be examined uppon certaine Interr. on your saide Subiectes behalfe to be minestred, And further to abyde & to stande to suche order and direction in the premisses as to your highnes said ................ beste to accorde w[i]th Justice, equitie, and good conscience And your saide Subiecte accordinge to his bounden dewtye shall daylye praye for ........................................................... ././
Answer of Robt Helme:
Thannswer of Robt Helme of Tinemouth defendt to the bill of complaynt of Cuthbert Bates of Hallywell in the County of Northumberland gent Complainant
The said Defendt at all tymes savinge to himself thadvantadge of exception to thinsufficienty and incerteinty of the bill of complaynt of the said Cuthbt Bates if by this most honorable Court he shalbe compelled to make annswere thereunto Then and not otherwise the said defendt for annswere sayth to somuch of the said bill of Complaynt as he this defendt is therby charged w[i]thall that trewe yt is That abowt a quarter of a yeare or more after the death of the said Thomas Bates in the said bill named, George Grey of Alnewick in the said County of Northumberland gent in the said bill nom[ina]ted came to him this defendt to his howse in Tynemouth aforesaid and there did shew unto this defendt one wrytinge indented purportinge to be made the xvijth day of June in the xxixth yeare of her Ma[jesties] most happie reigne Betwene the said Thomas Bates of thone p[ar]tie, and Willm Fenwick of Blakeden in the foresaid county gent in the sayd bill menconed of thother p[ar]tye declaring that the said Thomas Bates in & by the said false wrytinge indented indented for the goodwill zeale and favour w[hi]ch he the said Thomas Bates did beare & owe to the said Willm Fenwick and for div[er]se other good causes & consideracons him the said Thomas Bates movinge shold demyse grannt & to ferme lett to the said Willm Fenwick his executors and assignes all that his advowson donacon fre guyft & right of patronadge of the Rectory and p[ar]ishe churche of Whalton in the county of Northumberland aforesayd w[i]thall and singler thapp[urtenances] therto belonginge & app[er]teyning To have and to hold the said advowson donacon fre guyft & right of patronadge of the said p[ar]ishe churche of Whalton aforesaid w[i]thall & singler thapp[urteneces] therunto belonginge & app[er]teyninge to the said Willm Fenwick his executors & assignes from the daye of the date of the sayd wryting indented for and during the terme of Fourty and one yeares next & imediatly folowing fully to be complet & ended, w[hi]ch wrytinge indented was wryten and sealed w[i]th the seale of Armes & ordinary seale of the said Thomas Bates deceased and the name of the said Thomas Bates subscrybed to the said wryting and yt was also indorsed upon the back of the said wrytinge indented w[i]th these wordes signed sealed & delivered and underneath the same indorsem[en]t was wrytten these names Thomas Franke, Symon Chambers and Anthony Anderson as wytnesses of the saide wryting indented unto w[hi]ch said wrytinge indented the said George Grey after he had p[ro]nounnced & published the same wryting in man[ner] & forme aforesayd unto this said defendt did earnestly intreate move & p[er]swade him the said defendt even for the goodwill & favor w[hi]ch was betwene them the said Willm Fenwick & M[ar]ke Errington and him the said defendt that he wold wrytt his name as a wytnes on the backside of the said wryting indented for the better counte[nance] of the same, wherunto this said defendt for the great goodwill he this defendt did beare to the sayd Willm Fenwick & M[ar]ke Errington and at the request of the said George Grey he the said defendt did w[i]th his owne hand indorse his name on the back side of the said wryting indented as a wytnes therof although in truth he ment that no harme shold grow therof to theyres of Thomas Bates aforesayd nether ev[er]e he this defendt did se any suchj wryting indented in the lyef tyme of the said Thomas Bates by him signed sealed & deliv[er]ed to the sayd Willm Fenwick as his p[ro]per act & deede w[i]thout that That he this defendt ev[er] knewe or was privy to the making wryting contryving forgyng signyng sealing or deliv[er]y of the said wryting indented or who did wryte the same or to thindorsing of the said indorsem[en]t by any one or all of the sayd wytnesses as in the sayd bill is alledged otherwise then as before by the said defendt ys truely sett downe & confessed, And w[i]thout that also ev[er]e this defendt did Read any p[ar]te of the said wryting indented or any others to theffect aforsayd to the said Thomas Bates in his lyef tyme or that the said Thomas Bates after any such reading by this defendt did subscrybe his name therunto or that he the sayd Thomas Bates in his lyef tyme did seale & deliver the same or any other to any such effect as in the said bill is surm[ised] as his p[ro]oer act & deed to the said Willm Fenwick in the p[re]sence of Anthony Andreson or Symon Chambers in the sayd [bill] mentyoned or that the same wer so executed & accomplished at Islington in the county of Midd to this defendts k..... and in man[ner] & forme as in the sayd bill by the said Andreson & Chambers ys untruely surmysed ................................. And this defendt further sayth that he this defendt did not for his p[ar]t mean or intend any p[re]iudice to any p[er]son ..... by settinge his hand to the sayd wrytinges but did yt onely at the request of the said George Grey nether had this defendt ........ reward or p[ro]myse of reward what so ev[er]e for so doyng nether expected any wherin this defendt most humbly submy[ts him] self to this most honorable Court towching the sayd offence yf this most honorable Court shall thinke ........... this defendt hath any waye offended therin All w[hi]ch maters &c/
Wrightington
Answer of Anthonie Anderson:
The sev[er]all answer of Anthonie Anderson gent defendt to the bill of Complt of Cutberd Bates Complt
[The] said defendt saving to him at all times thadvan[ta]ge of exception to the incertaintie and insufficiency of the said bill of Complt of the said Cutberd Bates yf by this most honorable Court he shalbe compelled to make answeer ther unto Then and not otherwise for answer of so much of the said bill of Complt as he this defendt is charged w[i]thall Sayth that trew it is as this defendt thinketh that w[i]thin one yeare after yt Thomas Bates nomynated in the sayd bill of Complt dyed or ther aboutes (as this defendt remembreth And sondry times before one George Grey of Anwicke (as he called him sealfe) altogether to this defendt unknowne came unto him in London and wold have p[er]swaded procured and allured this defendt to have sworne and deposed that he did verie well know and remember that the said Thomas Bates in his lyfe time did make an Indenture of Lease between him the said Thomas Bates one thone p[ar]tie and one Willm Fenwicke of Blackeden in the Countie of Northumberland gent one thother p[ar]tie w[hi]ch this defendt never sawe w[i]th his eies nether was he ever acquainted w[i]th the said Willm Fenwicke in the said Bill of Complt named nether w[i]th the said Grey before that time And that the said Indenture of Lease did conteine a demise or grannt of a certaine Messuage or Tenem[en]t w[i]th thap[ur]tenances called littell Bempton and of the advowson and free disposition of the p[ar]sonage of Whalton in the said County of Northumberland and yt he was p[re]sent at the sealing and deliv[er]ie of the same Indenture of Lease w[hi]ch to doe or condiscend unto this defendt refused And further this defendt saith that after ward that is to say about a four years past the said George Graie came to this defendt entreating him that if ever this matter should come in question that he wold everr and maintaine that he was at the sealing and deliv[er]ie of the said Indenture of Lease and that his hand was at the said Lease as a witnesse of the sealing and deliv[er]y of the said deed w[hi]ch this defendt refewsed to doe, w[i]thout that that he this defendt came into her highnes Court of Channcery to affirme and say anie such thing as in the said Bill of Complt is untrewly alledged against him And w[i]thout that that he was ever of Counsell consenting or p[re]sent at the signing sealing and delivery of anie such Indenture of Lease conteining the p[re]misses so by Thomas Bates in his lyfe time done & executed or at his death as in the said bill of Complt is untrewly surmised and alledged And w[i]thout yt That ever he knew Marke Errington in the said Bill of Complt mentioned or that he this defendt ever sett to his hand under the endorsm[en]t as a witness therof in manner and forme as in the said Bill of Complt is untrewly aledged And ............................................................................... And craveth therfore to be dismissed out of this honorable Court w[i]th his Costs and Charges in this behalfe wrongfully susteined /
Wrightson
Answer of George Graye:
.. November Ao 38 Elizabeth Regin William Mill
The Answere of George Graye one of the Defts To the Bill of Complaint of Cuthberte Baites Complt
[This] Deft savinge to him att all tymes hereafter all advantages of Exception to the Insuffecyencie and Incerteyntye of the said Bill for dyv[er]s faults and Imprefections therein apparante for ... Just and true Answere thereunto this deft sayeth that the said Bill is exhibited against him this deft as he verilie thinketh of purpose and Intente to put him to greate vexacon Costs and Chardges and to call his Creditt in doubte or question w[i]thout Just Cause Cullor or title or righte soe to doe whereof this deft humblye prayeth the honorable Consideracon of this honorable Courte of the said Bill And for further Answere to the materiall contentes of the said Bill he this deft sayeth as to the unlawfull assemblyes Confideracies conspiracies frawdes Covins Forgeries pullyshinge of Forged deedes maynteyninge and gyvinge in Evydences of False and Forged deedes p[er]iuries Subornacons and p[ro]curement of p[er]iuries and all other the misdemeaners in the Bill menconed and wherew[i]th he this deft is chardged and w[hi]ch arr determynable in this honorable Courte that he this deft is thereof and of ev[er]ie p[ar]te & p[ar]cell thereof not giltye in suche sorte mann[er] and forme as in the said Bill the same arr most untrewlye and Slannderouslye surmysed suggested and alledged And this Deft also Further for declaracon of the trueth towchinge some of the materiall contentes of the said Bill wherew[i]th he this deft is chardged sayeth That as he remembreth the said Willm Fenwick in the Bill named aboute & after tearme in the towe and thirtyth yeare of her Ma[jesties] Reigne did come to him this deft and tould him that one Robte Baites Father to the Complt .... the Complt refused to Receyve a Rente of him the said Willm Fenwick for a Lease w[hi]ch he Claymed to hould by the demyse of Thomas Baites then deceised And that he was advysed by his Councell to Exhibitt a bill in Channcerie to the Intente to make [?proof?] of his said Lease And that then the Complt would receyve his Rente And tould him this said deft that he myghte doe him a pleasure to appeare and Answere unto ... Bill ....................................... And this deft then declayred unto him he would doe him anye lawfull pleasure he could doe And shortlye after this deft was p[er]swaded by one Xpofer Shaftoe a .... at the Lawe that his apparance and answere to the said Bill could not nor should not be hurtfull to him And by his p[er]swasion this deft was content and assented to there request but the certeyne contentes of the said Bill or of his this defts Answere to the same or whether he answered the same or noe he this deft doth not p[er]fectlye remember But as towchinge the same and the contentes thereof this deft Referreth himselfe to the same Remayninge in her Ma[jesties] highe Courte of Chan[cery] And this deft sayeth that he in the said Easter tearme in the said towe & thirtye yeare of her Ma[jesties] Reigne came to London aboute the p[re]seantynge of dyv[er]s matte... occasions for Willm Graye his Father then lyvinge and beinge an owlde Aged man and not able to travell and did not then knowe or Intende or was p[ri]vie .... suche Bill should be exhibited against him by the said Willm Fenwick neyther was he p[ri]vie to the purpose or Intente of the said Willm Fenwick in exhibi[ting the same] nor knoweth or is p[ri]vie to anye other Indirect or evill practyse in exhibitinge of the same nor to anye of the other matters p[ro]ducynge of witnesses or oth[er] lewde and deceiptfull practises in the said Bill menconed in anye other mann[er] or sorte then is before confessed neyther doth he remember or knowe wh.... drawe his said Answere to the said Bill in Channcerie yf he Answered the same Excepte it were the said Xpofer Shaftoe or by his [meanes] neyther was this deft p[ri]vie or consentynge to the examynacon of anye witnesses in the same Cause to his nowe Remembrance All w[hi]ch matters this deft is and wilbe ...... av[er] and p[ro]ve as this honorable Courte chall awarde And humblye prayeth to be dismissed w[i]th his reasonable Costes and chardges in this behalfe ...... wrongfullye susteyned/
Answer of Marke Errington:
The Answere of Marke Errington one of the Defts To the Bill of Complaint of Cuthbte Bates Complt
The said deft savinge to him att all tymes hereafter all advantage of exception to the Insuffeciencie and Incerteyntie of the said Bill for dyv[er]s faltes and Imp[er]fections therein apparant for full Just and trewe Answere thereunto this deft sayeth That the said Bill is Exhibited against him this deft as he verilie thinketh of purpose and Intente to put him to greate vexacon Costes and chardges and to call his Creditt in dowt or question w[i]thout Just Cause or title of righte soe to doe whereof this deft humblye prayeth ... honorable Consideracon of this honorable Courte And for furthe Answere to the Materiall Contentes of the said Bill he this deft sayeth as to the unlawfull Assembles Confideracies practizes Conspiraces fraudes Covyns forgeries publichinge maynteyninge & gyvinge in Evydences of false and forged deeds p[er]iuries Subornacon and p[ro]curement of p[er]iuries and all other the misdemeannres in the Bill menconed and wherew[i]th he this deft is chardged and w[hi]ch ar determinable in this honorable Courte that he this deft is thereof and of ev[er]ie p[ar]te and p[ar]cell thereof not Gyltie in such sorte mann[er] and forme as the same in the said Bill is most untruelye and Slanderouslye surmysed suggested and alledged All w[hi]ch matters this deft is and wilbe readie to av[er] and p]ro]ve as this honorable Court shall award And humblye prayeth to be dismissed w[i]th his Reasonable costes and Chardges in this behalfe most wrongfullye susteyned
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