STAC 5/C58/39

Court of Star Chamber:

Edward Conyers v Willm Topping/Tappen, Roger Nesbett, Thomas Scotte, Thomas Johnson, John Clenell, Gregory Smythe and Richarde Gatehowse als Gatus

Transcript: Dave King

Bill of Complaint:

dated on reverse: Mercus decimo sexto Aprilis Anno xlij Elizabeth Regine / Willm Mill / + xv" Trinite

To the Queenes moste excellent Ma[jesty]/

Moste humbly complayninge shewith and informeth your moste excellent Ma[jesty] Your Highnes faythfull and obedient Subiecte Edwarde Conyers of Hoppen in the parishe of Bambrowghe in your highnes County of Northumberland gent That whereas your sayde Subiecte abowte the moneth of September in the one and fortyeth yere of your Highnes moste happy raigne was and as yet is lawfully seised in his demesne as of fee of and in the Manor of Hoppen in the Countye aforesayde And your sayde Subiecte so beinge thereof seised whereas it is p[ro]vyded by div[er]s moste wholsome lawes and Statutes of your Highnes Realme that no p[er]sone or p[er]sons whatsoever shall by force or stronge hande or w[i]th any unlawfull Assemblyes or Assembly or ryotously enter into any Mans Landes Ten[ementes] or hereditamentes Whatsoever Yet so it is notw[i]thstandinge (if it may please your moste excellent Ma[jesty]) that one Willm Tappen of Alnewicke in the County aforesayde gent Roger Nesbett of the same Towne and County Yeoman Thomas Scotte of Bambroughe aforesayde yeoman Thomas Johnson of the same Towne and County yeoman John Clenell of the same yeoman Gregory Smythe of the same yeoman and Richarde Gatehowse als Gatus of the same yeoman beinge p[ro]cured & drawen by the p[er]swasion instigacon and encouragement of Sir John Foster of Bambroughe aforesayde in the sayde County of Northumberland knight and nothinge regardinge your Highnes sayde lawes and Statutes nor fearinge the ponishm[ents] in the same contayned sithens your Highnes laste gen[er]all pardon that is to saye abowte the moneth of September in the sayde one and fortyeth yeere of your Highnes raigne They the sayde Willm Tappen Roger Nesbett Thomas Scotte Thomas Johnson John Clenell Gregory Smythe and Richard Gatehowse als Gatus beinge armed and weaponed w[i]th swordes Pistolles Speares and w[i]th other weapons aswell defensive as offensive did moste forcibly unlawfully and ryotously enter in and uppon the sayde Manor of Hoppen beinge then and as yet the dwellinge howse of your sayde Subiecte and then and there w[i]th force and stronge hande moste unlawfully and moste ryotously to the very greate dismay and feare of your sayde Subiecte and his Servantes from and owte of the Stackegarthe of the sayde Manor did attempte to have taken and caryed awaye dyvers Stackes of Barley and Oates of your sayde Subiectes then and there beinge p[re]tendinge althoughe moste untruly that the sayde barley and oates were in righte belonginge unto the sayde Sir John Foster In tender Consideracon whereof and for that the sayde forcible unlawfull and moste ryotous Assembly and Entrye are directly againste your Highnes Lawes and Statutes of this Realme and were greatly to the dismaye and terror of all your Highnes lovinge Subiectes resydinge in or neere unto the p[ar]tes where the same were comitted and doe apparantly tende to the encouragement of suche like evill disposed p[er]sones to comytte the like w[hi]ch wolde be to the utter overthrowe of all government if the sayde ryotous p[er]sones sholde not receive condigne ponishment for theire sayde misdemeanors accordingly May it therefore please your Highnes the p[re]misses Considered to grannte unto your sayde Subiecte your Ma[jesties] moste gracious sev[er]all wryttes of Subpena to be dyrected unto the sayde Willm Tappen Roger Nesbett Thomas Scotte Thomas Johnson John Clenell Gregory Smythe and Richarde Gatehowse & to every of them comanndinge them and every of them thereby at a certaine daye and under a certaine daye(sic) therein to be lymitted and contayned p[er]sonally to be and appeare before your Highnes in your Ma[jesties] highe Courte of Star Chamber then and there to awnswere to the p[re]misses and to abide suche ponishment for theire sayde offences and misdemeanors as to your Highnes and your moste ho[norable] Counsell of your Ma[jesties] sayde highe Courte shalbe thoughte fitte And your sayde Subiecte accordinge to his most bownden duty shall daylie pray to God for your Highnes in peace and happines longe to raigne over us

Edwarde Hake

Answer of Wm Topping/Toppen:

7 Junii Anno 42 Elizabeth Regine Willm Mill

The severall answear of Wm Topping wrongfully named in the bill of complt .. Wm Toppen one of the defendts to the bill of complt of Edw: Conyers complt

The said defendt saving to himself at all tymes hereafter all benefitt of excepcon to the incerteinty and insufficiency of the said bill of complt for answear [there]unto he answeareth and saieth that long before the tyme of the supposed Ryott and misdeameanors in the bill menconed Sir John Foster knight was possessed for the terme of dev[er]s yeares yett enduring of in and upon the tyeth corne of Hoppen in the county of Northumberland emongest other other thinges by or under a lease or grant [there]of maid from her Ma[jestie] who is seised [there]of in fee as the right of her highnes crowne of England And so possessed the said Sir John Foster knight for good consideracon did by his deed in writing dated in or about the xxxvth year of her Ma[jesties] reigne grant assigne and sett over the said tyethes unto one Roger Nesbett for a terme of yeares yett enduring and in corne harvest last past in the xlj year of her Ma[jesties] reigne the said Roger Nesbett had sett out certein tyeth bigg p[ar]cell of the said tyethes of Hoppen and whereof he was possessed att Hoppen aforesaid and left the same upon the ground purposing shortly after to lead the same away and to convert the same to his owne use and about the tyme menconed in the bill the said Roger Nesbett came w[i]th a wayne or draught of purpose to have led away the same tyeth bigg butt the complt or his servantes resisted or stopped him and would nott suffer him to carry the same away in somuch that the said Roger Nesbett came to the said Sir John Foster to his house att Barnebrough and their tould him that the complt and his men would nott suffer him to bring the corne of the ground where it was sett forth and stood nott w[i]thstanding that they were co[n]tented that he should tyeth the same and sett it severall by it self whereupon the said Sir John Foster comannded and appointed this defendt who at that instant was redy to Ryde from the house of the said Sir John Foster to his owne house att Alnwicke and having about him a short sword and a pistall being the ordinary weapons w[hi]ch he used to Ryd w[i]thall and w[hi]ch ar noe more than needfull for him for somuch as this defendt att that tyme was in feed w[i]th scottes w[hi]ch are comon Ryders into England upon that border of England and by whome this defendt before was Robbed and wounded some others w[i]th him to goe or Ryde in very quiett manner to the house of the complt called Hoppen where they were by some of the pl[aintiffs] servantes intreated to leight of and from their horses and to goe into the said house w[hi]ch they did accordingly and their the defendt and the others w[hi]ch were w[i]th him did eat and drincke in the said house and did pay for the same and so in quiett manner they deperted out of the said house and went to the stacke garth where the tyeth bigg stood butt before any of said bigg was Removed or carryed away one Thomas Bradford esqr Justice of peace in that county accompyned w[i]th ten p[er]sons att the least came thither w[i]th him being all of them armed and weaponed w[i]th guns pistolls speares lan[ce] stafves swordes and daggers threatning w[i]th hard speeches that if the said defendt and the other p[er]sons w[hi]ch were w[i]th him would nott p[resen]tely dep[ar]te of the said ground that they should [?smert for it?] or derely buy the same And further the said Thomas Bradford did swere vow and p[ro]test that if that hore the lady Foster who he said was the causer of this defendts coming thither had bene their he would or should tear the skin over her eyes and theirupon the said Thomas Bradford comannded this defendt and those p[er]sons w[hi]ch came thither w[i]th him to dep[ar]te and goe their way w[hi]ch this defendt & the said other p[er]sons did accordingly w[i]thout offring or doing any vyolence att all to the said complt or to any others and this is the great Ryott supposed in the bill to be maid and as to all the unlawfull assembling together unlawfull entry Riottes & all other the misdeameanors in the bill of complt menconed & wherew[i]th this defendt is chargdged he saieth he is [there]of nott guilty nor of any p[ar]te [there]of nor did any thing otherwise then before is declared And w[i]thout that that any other matter or thing materiall in the bill conteyned and here before nott confessed and avoided trav[er]sed or denyed is true All w[hi]ch matters this defendt is and wilbe redy to aver and p[ro]ve as this honorable court shall award And humbly prayeth to be dismissed w[i]th his reasonable costes and chardges in this behalf wrongfully Susteyned

Topham