STAC 5/E12/27

Court of Star Chamber:

Marke Errington & William Fenwick v Regynald Heron et al

Transcript: Dave King

Bill of Complaint:

Copy of Bill of Complaint as per STAC 5/E6/39, dated 12 May 32 Eliz

Answer of Reignold Heron:

19 May Anno 32 Elizabeth Regine Willm Mill

The answere of Reignolde Heron gent one of the defendantes to the Bill of Complainte of Marcke Errington and Willm Fenwick Complts

The said defendante not acknowledginge the Contentes of the Bill of complainte exhibited into this honorable Courte materiallie towtchinge him the said defendant to be iuste or trewe in such manner and forme as in the same bill is alledged Saiethe that he beleevethe the said Bill of Complainte is devised and prosequted by the saide Marke Errington and Willm Fenwick Complts rather of malicious minds and of purpose to worcke the sclannder and discredit of him the said defendant as muche as in them liethe and to drive them to wrongefull troubles and expences in lawe then of anie dewe or iuste cause so to doe, And savinge at all times hereafter to this defendannte all manner advantages of excepcon to the saide Bill of Complainte, This defendant for answere to so muche of the saide bill as concerneth him, this defendt saieth that longe before the supposed lease in the Bill mencioned to be made to the Complts of the said Tythe Corne in the Bill of Complainte menconed, The late righte hon[or]able Henrie Erle of Northumb[er]land decessed father of the nowe Erle of Northumb[er]lande in the saide Bill of complainte menconed tooke to wife Katherine eldeste daughter of the late righte hon[or]able Sir John Nevill knighte Lorde Latimer decessed, And after that and before the saide supposed Lease, the saide late Erle became lawfullie seised to him and the heires males of his bodie lawfullie begotten as well of the saide Tythe Corne as of div[er]se honnours, Castells, lordeshipps, mannors lands Tenementes and heredytamentes w[i]thin this Realme of England, and of suche estate thereof in or aboute the one and Twentithe daie of June in the Seaven and Twentythe yeare of the Queenes Maiesties Raigne that nowe is died seised the saide nowe Erle beinge his sonne and heire, By and after whose decesse, the said nowe Earle into the saide Tythe of corne and into all and singuler other the saide honours castells Lordeshipps mannors lands Tenementes and heredytam[en]tes entered and was seised as heire male of the bodie of the saide late Erle and so being seised, in or aboute the Twentythe daie of Auguste in the saide seven and Twentythe yere of the Queenes Ma[jesties] Raigne that nowe is by deede indented made betweene him the saide nowe Erle of the one p[ar]tie and the saide Katherine by the name of the Ladie Katherine Countesse of Northumberland mother of the saide nowe Erle of thother partie did appointe and assigne unto her the saide Ladie Katherine his mother emongste other thinges the Tythe Corne of Harlowe in the bill of complainte menconed in recompence and satisfaction of her dower of all and singuler the saide honors castells mannors lands Tenem[entes] and heredytam[entes] w[hi]ch were the saide late Erles her husband whereof she was endowable, By vertewe wherof she the said Ladie Katherine of the saide tythe Corne of Harlowe was seised accordinglie, and so beinge seised, She the said Ladie Katherine and the saide nowe Erle her sonne by deede indented dated in or aboute the one and Twentythe of June in the one and Thirtythe yeare of the Queenes Ma[jesties] raigne that nowe is (emongste other things, did demise grannte and to Ferme lett unto this defendant all the Tythes of her corne and graine in Harlowe Hill in the saide Countie of Northumberland To have and to houlde from the Feaste of Pentecoste last paste before the date of the saide deede indented of demise unto the full ende and terme of one and Twentie yeres next ymmediatlie following fullie to be complett and ended By vertewe whereof the saide defendant at or about the saide Eightenthe daie of October laste in the saide one and Thirtythe yere of the Queenes Ma[jesties] raigne that nowe is in the bill of complainte mencioned peaceablie did take perceive and carrie awaie the said Tythe corne in the saide bill of complainte mencioned being severed from the Nine partes and being the Tythe of corne renewinge and growinge w[i]thin Harlow Hill aforesaide since the said demise to this defendante as ys aforesaide made by the saide ladie Katherine Countesse of Northumb[er]land and the saide nowe Earle (as this defendant thinkethe yt was lawful for him to doe) w[i]thout that, that the saide Erle of Northumberland in the bill of complainte mencioned by his comissioners lawfullie authorised at or aboute the feaste of saincte Martin the Bisshopp in Winter in the Thirtythe yere of the Queenes Ma[jesties] raigne that nowe is, did in consideracon of a greate some of monie or for anie other consideracon as this defendant verelie beleevethe by the complaynantes to the saide nowe Erle paide emongste other thinges demise grannte and to ferme lett unto the saide complts All that his saide Tythe corne in Harlowe, as yt is most falselie and untrewlie to the dishonor of the saide Earle and to the sclannder and damage of this defendant alleadged in the saide Bill of Complainte For this defendant saieth that he is informed by the officers of the saide nowe Erle beinge also of the Comissioners in the Bill of Complainte mencioned That the complaynant never had anie estate from the saide nowe Erle of the saide Tythe, But of theire owne accorde tooke and p[er]ceived the same by cullor of an administratorship to one Thomas Bates gent deceassed who was Tennant at will thereof to the saide nowe Earle And as to all other the Ryottes, Routes, unlawfull assemblies misdemenors and offences in the said Bill of Complainte mencioned, he this defendant saiethe, That he is not of them nor anie of them guiltie in such manner and forme as in and by the saide Bill of complainte is sett forthe/ And also w[i]thout that that anie matter or thing beinge materiall to be answered unto and in this answere before not sufficientlie confessed and avoided traversed and denied is trewe, All w[hi]ch matters this defendant is readie to averr and prove as this hon[or]able Courte shall awarde and praieth to be dismissed out of this hon[or]able Courte w[i]th his reasonable costes and expences by him wrongfullie susteined

Fra: Moore

Replication of Marke Erington & Willm Fenwicke:

The Replicacon of Marke Erington and Willm Fenwicke gentlemen Complaynantes to the Annswere of Raignold Heron & others defts

The said complaynant saith that the said Annswere is very incertayne and insufficient in the lawe to be replyed unto for div[er]s causes and imp[er]feccons therin manifest and apparant the benefit of exception wher.... to these defendts at all tymes reserved they do maintayne and averr all and every the matters and things contayned in their said bill in mann[er] and Forme as therin is alledged w[i]thout that that before the makinge [of] the said leas unto the said complayn[ant] the said right honorable Earle of Northumberland by his indenture bearinge date in or about the twentith day of August in the seven and twentith yeare of her Ma[jesties] raigne that nowe is did appoint and assigne unto the Lady Katharin his mother amongst other thinges the tythe Corne of Harlaw in the bill mentioned in recompence and satisfaccon of her dower in all her landes tenem[entes] and hereditam[entes] w[hi]ch were the said late Earles her husband whereof she was indowable or that the said Lady Katharin was therof seised accordingly and w[i]thout that that the saide Lady Katharin and the nowe Earle of Northumberland her sonne by ther deed indented dated in or about the one and twentith day of June in the one and thirtith yeare of the Queenes Ma[jesties] raigne that nowe is among[st] other thinges did demise grant and to farme lett unto the said defendt all the tythes of her corne and grayne in Harlaw in manner and Forme as in the said Annswere is alledged And w[i]thout that that the said defendt in or about the Eightenth day of October in the one and thirtith yeare of her Ma[jesties] raigne peacably did take p[er]ceyve and carry away the said Corne in the bill mentioned beinge severed from the nyne p[ar]tes in manner and forme as in the said bill is also alledged And w[i]thout that that any other matter or thinge herein alledged and heretofore not sufficiently confessed and avoided traversed or denyed is true All w[hi]ch matters theis complts are ready to averr and maintayne as this honorable court shall award