STAC 5/C3/5

From Waalt

STAC 5/C3/5 - B A - Mich 28/29 Eliz - Norfolk - Thomas Curteis v Edmond Evance, Thomas Burton STAC Curtis

Transcribed by Helen Good

To the Queen's most excellent Majesty

[In] Humble wise Complayninge sheweth unto your most excellent majestie your true Faithfull and obedient subject Thomas Curteis of Lynn Regis in the County of Norfolke Butcher [that] whereas your highnes subject About one yere sithence Did for and in consideratione of the some of seven pownds Tenn Shillinges of Lawfull Money of England Bargaine and sell unto one [Thomas] Burton of Lym Regis aforesaid in the County aforesaid in the County aforesaid Tanner Twenty Hides of Meale uppon Condycion that yf they were not woorth vij li xs your said subject showld make them [so muche] Woorthe and enable them to that valew which said some was to be paide unto your said subject or to his assignes by the said Thomas Burton or his assignes at or before a certaine Daye betwixt them Lymitted and agreed uppon at which Daye appointed and asserteyned for the payin of the said vij li xs Due for the Hides aforesaid your hignes subject accordinge to theire agrement Demaunded of the said Burton the said moneys Due as aforesaid But for yt ys yt may please your most excellent Majestie the said Burton mindinge to Defeate your highnes subject of the said Money Due as aforesaid Did Denie the payment of the said Mony or that there is any suche some of Moneye Due unto your said subject as aforesaid where uppon your highnes subject for the recovery of his said Mony about the xxx tie Daye of Auguste Laste paste brought his accione in the Mayors Court in Lynn Regis aforesaid where the matter beinge brought to tryale and the Evidence at Large and Deliberatly geven and urged to the Jurye then and there impanelled for the triall of the same Cause in suche sorte and to suche effecte as the said Jurie fullie resolved to passe with your said Subjecte hadd not the said Burton fraudulentlie willfullie and Corruptlye pardaned one Edmund Evans father in Lawe unto the said Burton a vearie lewid and evell disposed person (one not havinge the feare of god before his eyes neither regard to your Highness good and holthsome Lawes statutes ordinances and Lauddable usages and Customs of this Realme made and provided against perjurie subornacion of perjury and suche like lewed and wicked misdemeanures neither the penaltye nor danger therein Conteyned) of a Malicious intent minde and purpose to wreck the hurt prejudice and hinderance of your said Subjecte beinge most falslye & unjustlie suborned before hand by the said Burton for promise or reward for money or some /\ other /\ valew Consideracion /\ who /\ did then and there most falslie Corruptlie find untrewlye sweare and Depose that the Contracte & agreament betwixt your highnes Subjecte and the said Burton for the Hides aforesaid was onelye for seaven powndes without anie Condicion at all and not in such sorte and manner as aforesaid and /\ did likewise swear willfuly and corruptlye then and thear /\ that the said money Dew for the said Hied as aforesaid was duelie paid to your said subject in which deposicions the said Edmund Evans hath Comitted most wilfull sinfull and Corrupte Perjurie beinge drawen and rather Driven thereunto by the false Subornacion Lewed procurement sinister practises and secrett corruption of the said Burton and the said Burton hath most wickedlie and . . fullie incurred subornacion of Perjurye and misdemeanures Contrarie to your Majesties Lawes Statutes and ordinances made and provided in this behalf In tender Consideracion whereof and for asmuche as Perjurye subornacion ys Perjurye and such lik misdemeanors ar hatfull to god hurtfull to the common wealthe and mearelye repugnante to Divers your majesties good and holsomme Lawes statutes and the Lawdable usages and Customes of this of this Realme in that behalfe made and provided which Notorious offence tendeth greatly to the prejudice and overthrowe of the quiet estate of your majesties Lovinge subjectes the president and example whereof beinge such and so Perillous as yf speedy reformatione be not therein had and severe punishment inflycted uppon the offendors the same May tend to the subvertione of Justice to the incoraginge and Imboldeninge of like Lewd and lycentias offenders persons to attempt practice and put in ure the like Maye yt therefore please your moste excellent Majestie the premisses considered to graunte unto your highnes poore subject your Majesties moste gratious write of subpena to be Directed unto the said Edmond Evaunce and Thomas Burton Comaundinge them thereby at a certaine Daye and under a certaine paine therein by your highnes to be lymitted and appointed personally to appere before your moste excellent Majestie in your majesties most honorable Court of Star Chamber then and there to awnswere the premisses and to stand to and a bid suche Farther order and Directione therein as shall seme beste to your moste excellent majestie and your highnes poore subject shall accordinge to his bownden Duty Dayly praye that your majestie maye longe raigne over us.

The aunswere of Edmond Evans one of the saide Deftes to the Bill of Complt of Thomas Curtis Complt

. . No Ao . . . xxix

The saide Deft by protestacion not confessing or acknowledging any matter Circumstance or thing agaynst him alledged in the saide Bill of Complt exhibyted /\ into /\ this honorable Court to be true sayth that there be in the saide Bill dyvers and sundry untruthes and also foure Imperfeccions and uncertenties as he is enformed which be tokens and fruites of such a malicious and envyous myndes as the saide Complt beareth towardes this deft And also they doe set forth and bewraye the troublesome condicions and disposicion of the saide Complt that durst so bouldly presume withowt very just cause wrongfully to commence sute in this honorable Court agaynst this Deft (being /\ a man /\ both unwilling and unacquaynted with sutes in lawe and also pore and unable to defend sutes) to vexacion and extraordynarie expences and Charges in lawe especyally seing his cause of sute agaynst this Deft is none otherwyse in effect then for that this Deft have trulye agaynst him the saide Complt) declared his knowledge and not falsly as he should have done if he had testyfyed Otherwyse then he did, but the sayed Complt herein sheweth how he doth behave him selfe in causes emongst his Quyet neighbours that is that he will preferr sutes whether his cause be good or not /\ which he doth the rather /\ for that he knoweth or hopeth so long as he preferreth the same agaynst a pore man (such a one as this Deft) that though he can not for the unjustices of his cause prevayle that yet he may Satisfye his wicked /\ malicious /\ mynde and leave of the sute when he list withowt trying the same for that /\ he knoweth /\ the saide Deft is not able to prosecute the same /\ sute /\ to an end But this Deft Referreth the Consideracion of all the matter to this Honorable Court and for Aunswer to such sum so much of the saide Fryvilous False and Rayling Bill as may in any respect be materiall by this Deft to be aunswered unto the advauntages of excepcions to the Incertenties and insuffycyencies thereof to this Deft at all tymes hereafter saved sayth that he is not thereof Guiltie in such manner and Forme as in the saide Bill of Complayny agaynst him most slanderously is Surmysed And prayeth to be dismissed owt of this Honorable Court with his reasonable Costes and Charges by him in this behalfe wrongfully Susteyned.