STAC 5/B93/33

From Waalt

Court of Star Chamber:

Percyvall Bell & James Conyers v George Ellerbye, Edward Marwood, Thomas Willyamson, Tristram Cooke, Michaell Tubley, Robte Willen, Thom. Lockwood, Willm Cooke, Edward Appleby, Paulle Pacock & Robert Sewell. 32 Eliz

Transcript: Dave King

Bill of complaint of Percyvall Bell and James Conyers:

To the Queenes most excellent Maiestie

Most humbly Complaininge sheweth unto yo[u]r most excellent Ma[jes]tie yo[u]r humble and obedient Subeicts Percyvall Bell and James Conyers That wheras the sayd James Conyers was by the space of one yeare or therabouts in Quiett possession of the p[ar]sonage howse of Scalbye in the County of Yorke as und[e]r fermor or Tenant to the sayd Percivall bell So yt is yf it may please yo[u]r most excellent Highnes that one Thomas Wyllyamsonne Mighell Tubley George Ellerby Tristram Cooke and John Weyne not onely intendinge as much as in them lay to interrupt the quiett possession of the sayd Conyers but therby seekinge further to p[re]iudice the sayd Percyvall Bell not fearinge nor regardinge yo[u]r Maiestyes most iuste and Severe Lawes against Ryottes rowtes and such other notorious and heinous offences and misdemeans & did upon the two and twentyth day of December Laste paste beinge Sonday between the howres of nyne and eleven of the Clock in the fore noone of the same day in the tyme of divine S[er]vice in very riotous and unlawfull mann[er] Come unto the sayd howse furnished w[i]th swords and daggers halberdes and longe pike staves and other like weapons and then and there did not onely in very riotous mann[er] make an Assault upon the sayd James Conyers but further did attempt verye forcibly to ent[er] into the sayd howse to the greate Terror as well of the sayd James Conyers as of his wyfe and family then in the sayd howse beinge And then and there used such force and violence to come into the sayd howse and threatned the .... .... Conyers who kept the doores shutt against them that the sayd James Conyers was in great danger and feare of his lyfe And they the sayd Thom[as] Willyamsonne Mighell Tubley George Ellerby Tristram Cooke and John Weyne then and there in such Riotous manner did Continue by the space of half an howre or therabouts Nevertheless the sayd James Conyers still keepinge him self w[i]thin his sayd howse and Continuinge his possession therof The sayd Thomas Willyamsonne Michaell Tubley and Tristram Cooke afterwards that is to say the second day of January laste paste in the thirtyth yeare of yo[u]r Ma[jes]ties most gracous Raigne accompanyed them selves w[i]th one Thomas Willm Appleby Cooke Robte Willey Thomas Lockwood Edward Marwood Edward Applebye and Robert Sewell & Paull Pacocke w[i]th many other p[er]sons unknowne to yo[u]r sayd Subiects did at Scarborough in the sayd County of Yorke in most riotous mann[e]r w[i]th swordes daggers and other weapons make an other assalt upon the sayd James Conyers wherby the sayd James Conyers was by one of the sayd Riotous p[er]sons moste greivously wounded in the should[e]r w[i]th a dagger to the great p[er]ill of his lyfe upon w[hi]ch sayd affray and misordred demeanor of the sayd Riotous p[er]sons the Inhabitants of the sayd whole towne of Scarborough were very much trowbled and affrighted and w[i]th great adoe were the sayd tumults and hurly burlyes in a longe tyme appeased yet afterwards the Constable of the sayd towne and others havinge w[i]th great Labour appeased the sayd misorders the sayd James Conyers yo[u]r ma[jes]ties sayd Subiect was conveyed to the howse of one Franncys Whitfeld where sittinge to have his wounde dressed the sayd Thom[as] Willyamsonne Michaell Tubley Tristram Cooke Willm Cooke Robte Willey Thom[as] Lockwood Edward Marwood Edward Appleby Robert Sewell and Paull Pacocke p[er]sistinge still in their malicous evill will towards the sayd James Conyers did sodenly in like riotous and unlawfull mann[er] as before w[i]th swords daggers halberds pike staves and other weapons assalt and besett the howse of the sayd Franncys Whitfeld even at such time as the wounde of the sayd Conyers was in dressinge And the Constable beinge then in the sayd howse and p[er]ceivinge the sayd riotous p[er]sons in such mann[er] Cominge thetherwards willed the sayd Whitfeld for feare of further hurte doinge to shutt the dore of the sayd howse And as he the sayd Whitfeld was shuttinge of the sayd dore he was verye sore hurte w[i]th a halberd thruste in at the sayd dore by one of the sayd riotous p[er]sons But aft[e]r that the sayd Ryott and affray was by the diligence of the Constable and inhabitants appeased the sayd Willyamsonne p[re]tendinge occasion of some accons or sutes in the Lawe against the sayd Conyers cawsed the sayd Conyers therupon to be arrested and therby of sett p[ur]pose and w[i]thout any iust Cawse deteined the sayd Conyers still in Scarborough und[er] the sayd arrest duringe w[hi]ch time the sayd Thom[as] Wyllyamsonne Tristram Cooke Michaell Tubley Thom Appleby Willm Cooke Robte Willey Thom[as] Lockwood Edward Marwood Edward Appleby and Robte Sewell or some of them repayred unto the sayd p[ar]sonage howse beinge not passing a myle and a half from Scarborowe aforesayd and then and there in riotous mannor as aforesayd w[i]th swords daggers staves and such like weapons did violently assalt the sayd howse and brake open the dore therof and entred into the sayd howse and did put the wyfe and family of the sayd James Conyers in greate feare of their Lives and by such forcible and unlawfull menes did gett possession of the sayd howse In tender Consideracon wherof and for as much as the sayd Riotts routs and such misordred demeanor are ..... Contrary to the Lawes of this yo[u]r Ma[jes]ties Realme of England and to the p[er]turbance of the peace therof To the end that the sayd riotous p[er]sons according to their merite in this behalf may be sharply punished to the Terror of all such evill disposed p[er]sons as otherwise might haplye comitt the like outrages and offences May yt please yo[u]r most excellent Ma[jes]tie to grante unto yo[ur] sayd Subiectes yo[u]r highes most gracous sev[er]all writts of Subpena to the sayd Thomas Willyamsonne Tristram Cooke Michaell Tubley Edward Mar.... Robte Will.. Thom Lockwood ..... Edward Appleby ..... ..... Paull Pacocke and Robert Sewell to be directed therby Comandinge them and ev[er]y of them at a C[er]taine day and under a c[er]taine payne therein limited p[er]sonally to ..... ..... before the Lords of yo[u]r Highnes most honorable privy Counsell in yo[u]r Ma[jes]ties high Court of Starr chamber then and there to annswere to the ..... ..... therin to ..... further order and direcon as to yo[u]r Maiestyes most ............................................... them shall ..... ........................................... of yo[u]r ma[jes]ties most happy and prosp[er]ous Raigne

Answer of George Ellerbye

Answer of George Ellerbye one of the defts to the bill of Percyvall Bell and James Conyers

Thys said defend[ant] saving unto him the advantage of exception unto thinsuffiencye of the said Bill sayeth that the said bylle is devysed against him this def beinge a poore servyng man to put him to Costs and Charges in the Law onely and for no other Intent or purpose as he veryly thinketh w[hi]ch may appeare unto this honourable Court the more evedently in this that the said Co[m]p[lainan]ts do exhibyte there byll against dyverse and sondrye p[er]sons for dyverse and sondrye misdemeanors supposed by them to be Comitted & doth Joyne this defend[an]t w[i]th them in the same byll of purpose to maeke this defend[an]t to take forth Coppyes of all together whereas they the said plaintyues do p[re]tend one onely misdemeanor or [?ryott?] against the said def & nev[er] name him in the rest of their long byll for full annswer whereof this def sayeth that aboutt the said two and twentithe day of december in the byll named this def being Comannded by his m[aste]r Thomas Willmson of Scarbrough gentt to attend his said maister he waitted on his saide maister unto the p[ar]sonage of Scawby in the byll named & there his said maister metinge w[i]th the under baylyff of the libertie of Pickering Lieth in the w[hi]ch libertie the sadd p[ar]sonage ys scituate and beinge deliv[er]ed unto the said bayllyffe one [?precept?] by vertew of one attachment awarded owt of this honorable Court unto the sheiryff of the Countie of Yorke whereby he the sade bayliffe was Comanded to attach James Conyers one of the Complt for [?acontsinptt?] donne against this honorable Court in not appearinge as he was Comannded and this defend[an]ts maister then and there did require the said underbayliffe to do his dewtie shewinge him the said James Conyers who was then and there p[re]sent whereupon the said bayliffe did Comannd the said Thomas Willmson and his men who were then p[re]sent whereof this def was one in the Quenes ma[jes]ties name to assist and helpe him therein whereupon the said def did assist the said bayliffe for that the sade James Conyers would in no Case obey to be attached by vertew of the said attachm[en]t but w[i]th foure and Armes and weapons as well offensyve as defensyve did resist the said bayliffe w[hi]ch is the said supposed ryott to be Comitted by the said defend[an]t And the said def doth saiye that the Cawse why his said maister did taieke his men w[i]th him at that tyme was for that the said James conyers is such a daingerous man to [?Cum?] neare to serve any p[ro]ces of and so much [?....ayinge?] to fyghtinge and qaurellinge that his said maister [?doth?] feare of him & of .... toke his men w[i]th him at that tyem All w[hi]ch matter this def is redye to .... .... &c w[i]thout that yt this def ys guiltie of any of the riotts .... or unlawfull misdemeanors against [.... hidden by crease ....] be dismissed w[i]th his Costes .... by [.... hidden by crease ....] matter in the said byll Contayned .... by .... .... to be [?awarded?] unto & herein not sufficiently .... .... and .... denyed or .... be trew .... Ja: Dalton Dalton Jnr

Answers of Thomas Williamson, Edward Marwoode, Edward Appleby, Robte Sewell

The ioynte and severall annsweres of Thomas Williamson gent Edward Marwoode Edwarde Appelby Robte Sewell defendts to the Bill of Complt of James Conyers and Percivall Bell & others Complynantes

[note that due to creases, and the poor quality of the working image this section is missing some words. It is possible that most will be added by future reference to the original]

The saide defendantes nowe and att all tymes hereafter savinge to them and either of them the advantage of excepcon to the uncertentie and insufficiecie of the said ... ... and either of them saiethe that they and either of them thinke the said Bill of Compl[ain]t is exhibited into this honorable Courte and that the matters therein conteyned ... ... [?imagined?] and into the same inserted of Some [?canseles?] malice by the said Compl[ainan]ts against the saide defend[an]ts Conceived and w[i]th some porpose and intention in the said ... ... troublesome and [?unquiet?] parsonnes soe by multiplicitie of sutes and other troubles to vexe molest and impov[er]ishe the said Thomas Williamson that he shoulde not be ... ... prosecute and defend suche sutes as are comensed and p[ro]secuted betwene the saide Compl[ainan]ts on the one p[ar]tie and one Tristram Cooke a poore infant on the other ... ... opinion of thees defendantes w[i]th great wronge and [?violens?] expulsed and kept from his Lawfull possession of the rectorie and Parsonage of Scalbye in the said Bill of Compl[ain]t ... and w[hi]ch the saide Thomas Williamson havinge l[ett]res of tuition Lawfully grannted to him for the defence and tuicon of the saide Tristram Cooke ys boothe by Lawe and equitie bounde to ... and defend And the saide defendants alsoe saie that they verelie thinke the saide Compl[ainan]ts have the rather exhibited the said Bill of Compl[ain]t for that they woulde ... ... ... ... or iniured to seeke some redresse or remeddye not that the compl[ainan]ts doe the themselves thinke that any p[ar]te of the said Bill of compl[ain]t is true in suche mind as by the same is alledged ... supposed but to shadowe the horrible and notable misdemeanours Riottes forces & violences by colour of the pretended title of the saide Percivall Bell to the saide Rectorie and p[ar]sonage ... Comitted and done And for full and playne declaracon of the truethe of the contents of the saide Bill of Complt the saide defend[an]ts saie as folowethe and ... ... Thomas Willimson saiethe that Tristram Cooke thelder was Lawfullie possessed of the said Rectorie or p[ar]sonage of Scalbye for dyvers yeres yet ... and soe ... possessed by his last will and Testament in writinge devised all his right and interest in the same to one Tristram Cooke the yonger in the said Bill of Compl[ain]t menconed ... ... deceassed by force whereof after the deceasse of the saide Tristram Cooke thelder and by assignem[en]t of the executors of the last will and testament whoe proved the said will and ... ... the said Tristram Cooke entered in to the said rectorie and p[ar]sonage and thereof was accordinglie possessed And after one Marmaduke Lacye pretendinge to have an interest in the goods ... ... tuytion of the said Tristram Cooke the yonger went about by verye unhonest and indirect meanes and practises to procure a forfeiture of the interest of the saide Tristram Cooke the younger ... ... some hope to have some interest in the same to his owne use from the Deane and Chapter of Norwiche whoe were seised of the rev[er]con of the saide rectorie or p[ar]sonage in theire ... as of ... in right of theire Churche and after the saide Deane and Chapter by reason of the said practises supposinge a forfeiture to be comensed made a writinge Indented sealed w[i]th theire saide ... ... Seale to one Richard Wilde conteyninge a demyse of the said rectorie and p[ar]sonage for the terme of Twentie one yeres the interest of w[hi]ch saide Richard Wilde yf the same ... of ... or effect in Lawe the said Tristram Cooke the yonger ... ... in aquitie and Lawe dothe as thees defend[an]ts thinke and soe ought to possesse not w[i]thstandinge the saide Tristram Cooke ... ... by the frowarde and perverse dealinge of the saide Compl[ainan]t and others greatlie molested and troubled concerninge the possession of the said rectorie and p[ar]sonage and therefore did exhibit ... ... Complaynte into her Ma[jes]ties Courte of Channcerye concerninge the premisses against one Ambrose Lacye and others and after exhibited the like Bill of Compl[ain]t against the Deane of Norwiche ... ... and lastlie exhibited the like bill of Compl[ain]t in the said Courte against the said nowe Compl[ainan]ts And the saide Defend[an]t Thomas Williamson saiethe that upon or about the Twenty.. da.. ... december last past he the said defendant came [words struck through] to the Capitall messuage of the said Rectorie or p[ar]sonage the said Tristram Cooke having then ... ... to ... the saide James Coniers w[i]thall for his apparance in her ma[jes]ties saide Courte of Chancerye att the sute of the said Tristram Cooke Comcerninge the premisses ... w[hi]ch ... alsoe was present one Wh.. as Baylyff ... the liberties of Pickering Lyth in the said countie of Yorke had a warrant to arrest the said James Conyers one of the saide Compl[ainan]ts by vertue of ... attachment out of the saide Courte of Chancerie for app[re]hension of the saide James Conyers directed for a contempte by him done in keepinge the possession of the premisses contrarie to ... ... grannted and awarded in the saide courte of Chancerie for establishinge the saide Tristram Cooke the yongers possession against the saide Deane of Norwiche ... ... and all others Clayminge any estate from or under them or any of them att w[hi]ch tyme the saide James Conyers behaved himself verie Contemptuouslye and Disorderlie ... in refusinge in quiet manner to see the saide proces of Subpena and to note his ... of apparance as alsoe in open and forcible resistance of the saide Baylye att w[hi]ch tyme the saide defendant did bothe seeke to pres[e]rve her Ma[jes]ties peace and accordinge to his bounden dutie ayded the saide Bayliffe for the saide arrest And the said defend[an]ts further saie that upon or aboute the Seconde daie of [?Jan...?] in the said Bill of compl[ain]t menconed the saide James Conyers came to Scarborough in the saide Countie of Yorke where the said Tristram Cooke in verie quiet man[ne]r ... ... ... a Subpena but the saide James Conyers beeinge a verie disordered p[er]son lovinge variance discord and Contention and delightinge in quarrellinge lyvinge in truethe as thees defend... thinke w[i]thout any rule or reason presentlie stroke the saide Tristram Cooke havinge noe other cause as thees defend[an]ts thinke soe to doe but onlie for the s[e]rvinge of the saide Subpena ... ..inge then and there quietlie spoken to by one William Cooke ... he did greatlie forgett himself in soe doinge or wordes to suche effect he assalted the said Willm Coke and wounded him ... the apparant perrill and [?danger?] of his life and shortlie after the saide James Conyers ... the said affrayes misdemeanours and ... ... ... ... .... ... ... ... the ... defend[an]t Thomas Williamson saieth ... he ... the said Tristram Cooke hath sought by suche lawfull meanes ... ... ... ... ... ... ... ... ..all messuage ... of the said Rectorie or p[ar]sonage and to keepe the same to the use of the [?sayde?] Tristram Cooke the yonger ... ... notw[i]thstandinge her Ma[jes]ties said Iniunction ... ... ... ... violences and outrages of the saide James Conyers he coulde not effect or bringe to passe, W[i]thout that that the saide defend[an]t Thomas Williamson Michaell Tubley George Ellerby Tristram Cooke and John Weyne intending to interrupte any possession of the said Compl[ainan]ts or to preiudice them or either of them otherwaies then they lawfully might for the cause aforesaide in or upon the saide Twentithe daie of december did in verie riottous and unlawfull manner come unto the saide house furnished w[i]the swordes and daggers holbards and longe pike staves and other like weapons and then and there did not onlie in verie Riottous man[ner] nake an assalte upon the saide James Conyers in unlawfull man[ner] such ... as ... ... bill ... ... ... ... for that the saide defend[an]t Thomas Williamson saieth that his cominge and other of the saide defend[an]ts was for the cause aforesaide and that he the said defend[an]t did not other waies then keepe her Ma[js]ties peace and ... muche as ... coulde in quiet man[ner] ayde the saide Bayliffe as he was bounde as he taketh it to doe concerninge the execucon of the saide writte And w[i]thout that that the saide Thomas Williamson Michaell Tubley George Ellerby Tristram Cooke and John Weyne upon the Second daie of Januarie last past accompanied themselves w[i]th William Cooke Edward Marwood the saide Edward Appelbye and Robte Sewell and many other unknowen to the said Complaynants and did att Scarboroughe aforesaid in most riottous man[ner] w[i]th swordes daggers and other weapons make any other assalte upon the saide James Conyers whereupon the inhabitants of the whole towne of Scarboroughe were verie muche troubled and in terror in suche man[ner] as in the said Bill of Complaynt is alledged ... ... ... ... ... .... ... ... ... ... ... ... ... ... for that the saide defendantes saie that the saide compl[ainan]t James Conyers did begin the saide affraye and assalte in suche man[ner] as befopre ys alledged And w[i]thout that that the saide defendantes or either of them are or ys culpable or guiltie of any other assaltes affraies Riotes forcible entries or other misdemeanours in the saide Bill of Complaynt menconed in suche man[ner] & forme as in the same ys alledged And w[i]thout that that any other matter or thinge materiall or effectuall in the said Bill of Complaynte conteyned and thees defend[an]ts concerninge to be awnswered unto and not herein sufficientlie awnswered unto confessed and avoyded trav[er]sed ... ys [?true?] all w[hi]ch matters thees defendants are readdy to averre and prove as this honorable Courte shall awarde and praie and either of them prayeth to be ... out of the same w[i]th their reasonable costes and charges herein most wrongfullie susteyned

George Littelton