STAC 5/B78/15

Court of Star Chamber:

William Burton of Morpeth v John Fawcus & John Howe of Morpeth

Transcript: Dave King

Bill of Complaint:

date tbc (19 Eliz)

To the Quenes moste Excellent maiestie

Humbly complayninge shewethe unto your heighenes your obedyent Subiecte and poore supplyant William Burton of Morpethe in the countye of Northumberland gentleman That wheras one Robert Awbon of Morpethe aforesaid in the said countye Three yeares now last past or theraboutes brought an accon of tr[esp]as in your maiesties Benche at Westm[inster] against your said suppliant supposeinge by his declaracon in the said accon your said suppliant to have entered into two closes beinge in the possession of the said Robart Awbon in Morpethe Aforesayd in the sayd Countye of Nortumberland Comonlye called and knowen by the name of horscloses and to have distroyed the Grasse therupon growynge and to whiche sayd declaracon and accion your sayd suppliant in the tearme of the holie trinitie in the Twelvethe yeare of your most p[ro]sperous Raigne pleaded the generall yssue not giltye as well and lawfull yt was for hym to doe because the two Closes weare not onlye the frehould and Inherytance of your highnes in ryght of your maiesties Crowne of England at the tyme of the sayd tr[esp]as/ supposed but also in the lawfull occupacion of one Captayne William Price Your Maiesties Farmer of the same and also your sayd suppliant at the tyme of the sayd trespas supposed nor never before had Entered nor medled wythe the occupacon of the sayd two Closes after w[hi]che The same Cause beynge at full and p[er]fecte yssue the same matter beynge Defered from tryall by the sayd Robart Awbon two assisses whan the same yssue myght Convenyentlye have bene tryed ... was at the tyme of the last assisses houlden at Newcastell upon tyne for the sayd countye of Northumberlande in August last brought downe by nisiprius to be tried at the sayd last assysses before the Justices of assysse and nisiprius for that Countie at w[hi]che tyme the Jurye beynge Impaneled and sworne for the tryall of the sayd yssue before the sayd Justices of assysse and nisiprius So it fell out yf yt maye please your moste Excellent maiestie That one John Fawcus and John Howe of Morpethe in the sayd Countye of Northumberland sekinge the spoyle and utter undoynge of your sayd poore subiect ofe ther owne naughtie p[er]v[er]se and devilishe myndes and purposes and also by the Instigacon p[ro]curem[en]t and settinge on the the sayd Robert Awbon contrarye to the lawes and Statutes of this realme in that behalfe most [?thols...dlye?] p[ro]vyded not havynge the feare of godd before their Eyes to the evill example of all other your maiestyes subiectes in those northpartes wylfullye p[er]iured them selves upon the holye Evangelists deposinge and swearynge the iiijth daye of August last past in the Eyghtenthe yere of your maiesties Reigne before your highnes sayd Justices of assysse and nisiprius w[i]thin the sayd Countye of Northumberland amongest other thinges by them their deposed that he your highnes poore suppliant had Comytted the sayd trespas supposed by the sayd Robart Awbon in the sayd two Closes accordingly as the sayd Robart Awbon had supposed in hys sayd accon of trespas w[hi]ch sayd othe so mayd your poore supplyant shall p[ro]ve to be uniuste false and untrue and that he thys your poore subiect nev[er] dyd anye trespas in the sayd two Closes above mentioned or in Eather of them as by them in the sayd othes they theaforesayd John Fawcas and John Howe wittinglye willinglye Corruptlye and untrulye deposed by Reason of w[hi]ch sayd false & untrue othes made in mann[er] and forme above exp[re]ssed your sayd poure supplyant in the tearme of Saint Mychaell last past was Condempned in the some of neyne poundes tenn shillinges damages and Costes or theraboutes in your maiestyes sayd benche at Westmynster In tender Consyderacon wheirof maye yt please your Highnes the p[re]misses Consydered to grannte unto your sayd subiect your maiestyes most gracious writt of subpena to be directed to the sayd John Fawcas and John Howe Comanndynge them therby at a c[er]taine daie and under a c[er]taine payne theirin by your hig[h]nes to be lymitted p[er]sonallye to appeare before your highnes and your maiestyes most honorable Counsell in the Courte of starre Chamber to Answeare to the p[re]misses and to abyde suche further direcon heirin as shalbe thoughts to stand w[i]th Right and Equitie And your said Subiecte shall daylye praye for your heighenes most prosperous estate in felicitie longe to endure

Jo: Savile

Answer of John Howie :

primo Febr 1577 &c Marshe

The answere of John Howie to the bill of co[m]plaint of Willm Burton

The said defendant sayeth that the said sclannderouse bill of Complaint, exhibited into this honorable Court, against him, ys onely for malice, being a poare man and forced by this p[ro]cesse to travale CCxxxti miles or theraboutes from his dwelling place, w[i]thout any Coloure or iust cause of action And further sayeth that aswell he the said Compleinant as this defendant bene Comorant and inhabiting in the countie of Northumb[e]rland w[i]thin the Jurisdiction of the Quenes ma[jesties] Councell established in the North p[ar]tes. Wherunto he prayeth to be remitted w[i]th his Chardges in this behalfe sustened yet Neverthelesse yf this defendant shalbe Order[ed] to further answere Thadvanntage of the except[ion] aforesaid, and other exceptions and advantages unto him saved, for declaraycon of the truth and answere of the said bill the said defendant sayeth, that a sute was brought by Robert Albon in the said Bill named against the said Plaintiff for trespasse committed by him in the closes called Horse Closes in the said bill mencyoned, in the terme of Easter, in the xvth yere of the Quenes ma[jesties] Reigne that now ys, as this defendant supposethe. w[hi]ch action p[ro]ceding to triall, betwene the said Albon and the said plaintiff at the [A]ssises holden in the highe Castle at Newcastle, for the Countie of Northumb[e]rland, the iiijth day of August in the xviijth yere of hir ma[jesties] Reigne compulsary writtes of Subpena, were served upon the said defendant and others, to Witnesse and make declaracion of the truth therin, according to their knowledge, Whe[re]upon the said defendant did appeare, and there did witnesse upon his othe according to the truthe, And yet notwithstanding the said plaintiff usually accustomed to exact and gett somes of monie upon poore men, by serveinge p[ro]cesse against them did exhibite the said sclannder[o]use bill against the said defendant and others, And therupon served p[ro]cesse of subpena, against theme, Upon servinge of which p[ro]cesse the said Complenant by his frend, did offer to relinquish his sute against the said defend[ant] and to dischardg him of the said p[ro]cesse, yf he wold p[ro]mise unto him certaine some[s] of monie, w[hi]ch this defendant, in defence of the truthe, did utterly refuse to doe, Without that, that the said defendant of h[is] owne m... and p[er]verse minde and purpose, or by the Instigatyon of the said Robert Albon, contrarye to the Lawes and statutes of this Real[me] did p[er]iure him self, or falsely depose and Swere, in the said Cause, the day and yere in the said bill mencyoned as in the said Bill m[o]st falsely and sclannderously ys sett forthe And w[i]thout that the said plaintiff, cann or shall p[ro]ve, that the said othe so made by this defendant was or ys, uniust, false and untrewe, or that the said plaintiff was by any thinge by this defendant, wittingly, willingly, corrup[ly] and untrewly deposed, condempned in any such some or somes of mony, as in the said bill most untrewly ys allege[d] And without that ther ys any other matter &c

Yelverton

Replication of William Burton:

The Replic[cati]on of William Burton Complainant to the untrue Answeare of John Howe defft

The said Complainante Averreth his said Byll of Complainte and all and ev[er]y matter Article and thinge therin contayned to be good Juste and true in suche mann[er] and forme as in the said Byll of complainte is verye trulye sett forthe alledged and declared And Further saiethe that the said Answeare ys very uncertaine untrue and insufficient in the lawe to be repl[i]ed unto for div[er]es causes therin contayned And for further Replicacon saiethe in all and ev[er]y thinge and thinges as he before in his said Bill of complainte hathe said w[i]thout that that the said Byll of Complaint exhibited into this honorable Court against the said defft ys onlye for malice w[i]thout any color or just cause of sute in mann[er] and forme as in the said Answeare ys very untrulye surmised w[i]thout that that the complt ys usuallye accustomed to exacte or gett of poore men somes of money by suinge p[ro]cess against them or that upon the s[er]vinge of the p[ro]ces upon the said defft the said complt by his frend dyd offer to relinquish his sute againste the sayd deffendante in Consyderacon of any somes of Money to be payd to this complaynante in mann[er] & forme as in the said untrue Answere of the said deffendante ys slannderously & untruly Surmyssed & wyth that the sayd deffendante of his owen naughty and p[er]vers mynde & p[ur]pose & by Instygacon of the sayd Robart Albone Contrarye to the lawes & Statutes of this realme dyd p[er]iure him hym self & falslye depose and sweare in the sayd course of the daie & yeare in the said byll mentyoned as in the said byll ys Most tr[e]wlie sett forthe alledged & declared: wyth that that the sayd Compl: can & shall prove that the sayd othe so Made by the sayd deffendante was & ys uniuste false & untrue & that the sayd Complaynante by reason of the same false & untrue othe so Made was trie ...ltie & condempned upon the sayd Accon of trespas so brought Against hym by the sayd Robart Albone in suche Some & somes of Money as by the sayd byll of Compl: ys truly Alledged sett forthe & declared And without that that any other Matter or thynge alledgyd in the saide Answere Matteryall or effectuall in Lawe to be Replyed unto & herin before not sufficientlye confessed and avoided trav[er]sed are denied ys true all w[hi]ch matters the said Complt ys ready to averre and p[ro]ve as this honorable Court shall awarde and prayeth as in his said Byll of Complaint he before hath prayed//

Jo: Savile