STAC 5/D40/17

From Waalt

Court of Star Chamber:

Robert Delavale of Seaton Delaval v Thomas Cramlington, Gilbt Wilson, Oswold Fenwick & John Fenwick.

Transcript: Dave King

Bill of complaint:

[date tbc - 44 Eliz]

To the Quenes most excellent Ma[jestie]

Most humblye complain[in]ge sheweth & informeth unto your most excellent Ma[jestie] your faithfull & obedyent subiecte Robt Delavale of Seaton Delavale in your highnes Countie of Northumb[erland] esqr That whereas your Ma[jestie] is lawfullye seized in your demesne as of Fee in the right of your highnes Crowne of England of & in one anncyent co[mmon] & open haven crecke or porte in the ryver of Blithe in the said Countie, extendinge into all places of the same ryver from the maine sea up the said ryver to ane anncyent Fisher towne or village nowe in possession of Thomas Cramlington gent called Blythes Nooke beinge neare the mowthe of the said haven & so from the said village still up the said ryver to the towne of Blythe & so farr further up the said ryver as any shipp or shippinge can passe. And whereas your said subiect is lawfullye seized in his demesne as of Fee or of some other estate of inheritance of & in the Manor lordshipp & towne of Hartley in the said Countye of Northumb[erland] lyinge upon the sea coast w[i]thin two myles of the said haven & of & in div[er]se & sundrye anncyent salt pannes att a place called Marte Deane w[i]thin the said Manor, w[hi]ch have ben there standinge used & occupied by your said subiect & his anncestors & those whose estate he hathe therein tyme out of mynd of man for the makinge of white salt, w[hi]ch kind of salt your said subiect from tyme to tyme heretofore hath made & yeat still doth make in great abonndance Aswell for the use & service of the Contrye thereabouts As for the s[er]vice & p[ro]vision of div[er]s & sondrye your Ma[jesties] good & lovinge subiects the Fishermen of Yarmowthe in the Conntye of Norff[olk] to whome your highnes s[ai]d subiect Aswell for theire benefyte as for his owne great comodytie hath sold & did usuallye sell vend & deliv[er] w[i]thin the said porte at Blythes Nooke great score and abonndance of the said salt. And whereas there ys & tyme out of mynd hath ben ane anncyent usuall & co[mmon] highe waye or highe street lyeinge & leadinge from the said towne of Hartley & from the salt pannes aforesaid directlye ov[er] the groundes of Newsam in the said Countie alongest the sea banckes called the sea lynckes to the east corn[er] of the dyke of a close called Blythes Nooke close & from thence by & alongest the olde house steedes of Blythes Nooke downe to the said haven in the s[ai]d ryver of Blythe, w[hi]ch s[ai]d high waie is & ev[er] was & ought to be co[mmon] open & free at all tymes & seazons of the yere to & for all your highnes lovinge subiectes to passe & repasse in & by the same w[i]th theire horses cartes & all kinds of cariages whatsoev[er] from the s[ai]d towne of Hartley & salt pannes there to the said haven in the ryver of Blythe & so from the said haven & ryver back againe the same waie. And whereas in or about the monthe of June last past your said subiect beinge as he yeat is one of your Ma[jesties] Justices of peace w[i]thin the said Countye of Northumb[erland] & beinge by especiall direccon & comanndm[en]t from the right ho[norable] the nowe lord Burghley lord p[re]sident of your highnes Councell established at Yorke for the North p[ar]tes aucthorized & comannded to call before him all such popishe recusantes & p[er]sonnes suspected for popishe recusancye as were inhabitinge w[i]thin Castleward in the said Countie where your said subiect dwelleth, & to take good bondes of theym to your Ma[jesties] use that they should instruct & bringe up theire Children in relegious mann[er] accordinge to the lawes of the Church of England that they should not dep[ar]te theym selves nor send theire Children to any p[ar]tes beyond the seas w[i]thout speciall lycence, nor keepe any scoolmaister in theire houses not being lawfully lycensed & allowed by the metropolytane or ordynarie of the dyocess there, your said subiect thereupon knowinge the said Thomas Cramlington to be & stand indicted & vehementlye suspected of recusancye dyd send for him to appeare and enter into bondes to the effect aforesaid w[hi]ch the said Thomas contemptuouslie & altogeather refused to doe, and obstynatelie absented & w[i]thdrewe himself from appearinge before your said subiect. w[hi]ch contempt & misdemeanor in the said Thomas your said subiect certefied to the said lord president. Whereupon ev[er] afterwardes & for that cause chieflie the said Thomas Cramlington did conceave beare & openlie make shewe of great hatred & malice against your s[ai]d subiect, and oftentymes threatned to be revenged of your said subiect for the same. And to that end the said Thomas Cramlington ryotouslie assocyatinge & assembling to him self dyvers like lewde & evill disposed p[er]sonnes namely Gilbert Willson yoman, Oswold Fenwick & John Fenwick gentlemen, & div[er]s & sonndrye other ryotous & disordered p[er]sonnes whose names are as yeat unknowe[n] to your said subiect. They the said Thomas Cramlington & the said other ryotous p[er]sonnes resolved & concluded to hinder & stoppe sutche cartes waynes or cariages as your said subiect should send w[i]th any white salt from the salt pannes aforesaid in or alongest the said highe waye to the s[ai]d haven at Blithes Nooke and also to beat & wound sutche of your s[ai]d orators s[er]vantes & cattle as should so pass in or w[i]th the s[ai]d salt or cariages. And thereupon whereas your s[ai]d subiect in or about the last daie of Julye last past beinge bounde in great sommes of money & other covenantes to deliv[er] a great quantatie of white salt to div[er]s of your Ma[jesties] good subiectes in the said port at Blithes Nooke, and for p[er]formance thereof did then quietlie and peceablie send certaine of his s[er]vantes namelie George Jordane [... blank space ...] w[i]th vj waynes or teames laden w[i]th white salt & drawen w[i]th oxen after the maner & use of the countrye there from the said salt pannes towardes the said haven in and alongest the highe waye aforesaid. So itt is maye itt please your gratious Ma[jestie] That the said Thomas Cramlington Gilbt Willson Oswold Fenwick & John Fenwick & div[er]s other p[er]sonnes as yeat unknowen beinge every of theym armed & p[ro]vided w[i]th previe cotes stele cappes plate [?sleves?] swordes daggers pistolls & speares in or about the said last daye of July last past in the said highe & co[mm]en waye betwene the s[ai]d salt pannes & the said haven at Blithes Nooke att or neare the east corner of the said close called Blithes Nooke close ryotouslie forceablie & malitiouslie did assault beat & wound your s[ai]d subiectes s[er]vantes And did then & there allso in ryotous & malitious maner beat mayme wounde & kyll dyvers of your s[ai]d subiectes cattle & oxen there & then being yoked laboringe in the said waynes & teames to your s[ai]d subiectes great loss & damage whoe thereby was hindered to p[er]forme his covenantes & bondes made for the deliv[er]y of salt as aforesaid. In consid[er]acon whereof And for that the said conspyracies ryotts & misdemenors aforesaid are against your Ma[jesties] lawes & tend to the evill example of other like lewde p[er]sonnes. Itt maye please your highnes to grannt your Ma[jesties] moste gratious & sev[er]all writts of subpena to be dyrected to the said Thomas Cramlington Gilbt Willson Oswold Fenwick & John Fenwick commanndinge theym & ev[er]y of theym thereby att a certaine daye & under a certaine paine therein to be lymited p[er]sonallie to appeare before your highnes Cowncell in your highe Co[ur]t of sterrechamb[er] then & there to answere the p[re]mysses & to abyde sutche ord[er] therein as to their honors shall seeme fytt

Jo: [?brotone?]