STAC 5/E7/6

Court of Star Chamber:

Marke Errington of PontIland [Ponteland], Northumberland v Peter Delavale of London, merchant; Raphe Delavale of Tynemouth Shells [Shields], Northumberland, gent; Josua Delavale of Ryver Grene [Rivers Green], Northumberland, gent and Robt Helme of Tynemouth, yeoman

See also: STAC 5/B3/25, STAC 5/B51/1, STAC 5/B18/16, STAC 5/B31/28 & STAC 5/B39/20

Transcript: Dave King

Bill of Complaint:

dated on reverse: Sabbat Octav Novembris Anno xxxvij Elizabeth Regine Willm Mill

To the Quenes most Excellent Ma[jestie]

Most humblye Compleanynge shew[e]th unto your most excellent Ma[jestie] your highnes true lawfull and obedient Subiect Marke Errington of PontIland in your Ma[jesties] Countie of Northumberland gentleman That whereas your said Subiect haith from his Infancie Lyved and bene and as yett is a true and obedient Subiect towardes your highnes and haith in all his accons and Doeynges behaved and used himselfe honestlye and Justlye towardes all other your highnes Lovinge Subiectes and soe haith bene and yett is alsoe Reputed and taken amongste your graces Lovinge Subiectes in the p[ar]te of the Countrie and elswhere w[i]thin the Royalme of England where your said Subiect is knowne and therefore lyveth in good Creditt and estymacon amongst all your lovinge Subiectes Soe it is yf it may please your most Excellent Ma[jestie] that one Peter Delavale of London Marchant Raphe Delavale of Tynemouth Shells w[i]thin the said Countie of Northumberland gent Josua Delavale of Ryver Grene in the said Countie of Northumberland gent and Robt Helme of Tynemowthe in the said Countie of Northumberland yeoman ...yeinge your said Subiect good and honest Conversacon of lyfe and Creditt and meanynge and maliciouslye Intendinge to bringe your said Suppliant to Utter discredict and Infamie and to Impeache and utterlye to take awaye your Subiectes good opynion fr.. your said orator have for that purpose and Intent since your Ma[jesties] last free and generall p[ar]don Combyned confiderated and falselye conspired w[i]th one Cuthbte Baites of Hallyvell in your Ma[jesties] said Countie of Northumberland gentleman they all unlawfullye meanynge and Intendin[ge] to ov[er]throwe your said Subiect in his Estaite and to sett or [?fole?] dyv[er]s Suytes and controv[er]sies and to bringe your Subiectes good name in question and sekinge to put his good Creditt and honest Reputacon and Conversacon in lyvinge to utter Infamie thay have amongst themselves plotted contryved and devysed sundrie meanes and devyses to effect the same and to thintent to Incorrage the said Cuthbte Baites to Countenance there said purposes and attemptes they have p[er]swaded the said Cuthbte that your said Subiect should forge Contryve and pubblyshe and sett fourth and be p[ri]vie and assentinge or p[ro]curinge to the contryvinge and pubblyshinge of sundrie false deedes Evydences and wrytinges towchinge the Chardinge of the said Cuthbte Baites his landes or hereditamentes in Whalton and Bempton als Benton in the said Countie of Northumberland w[i]th dyv[er]s longe leases ..... of the Patronage of Whalton and of other landes in Benton p[re]tended to have bene maid by Thomas Baites Awncester to the said Cuthbte and former owner of the same And the better to p[re]vaile w[i]th the said Cuthbte to beleve his title to be good & that suche Estaite and Interest as one Willm Fenwick p[re]tendeth to have in the same to be onelye by fordged Conveyances maid & devysed by your Subiect p[ri]vitie meanes or ...tent they the said Cuthbte Baites Peter Delavale Raphe Delavale Josua Delavale and Robt Helme or some of them have contrarie to your Lawes Combyned conspired and practysed w[i]th the said Robte Helme a man of verie Lewed lyfe and conversacon and soe well knowe to them and suche one as for sundrie his Lewed false and wicked demeanures and dealinges w[i]th your Ma[jesties] good and faithfull Subiectes is howlden to be a false wicked and deceiptfull p[er]son and detected or convicted of dyv[er]s fowle false and most wicked Attemptes against dyv[er]s your Ma[jesties] good Subiectes And a man yf he maye gayne maketh noe Regard or Reckoninge of anye feare of god dewtie to your Ma[jestie] or your good Lawes and the better to effect there said Intended purpose they by practyse Complott Covin Conspiracie and Combinacon afforesaid have soe devysed as they have exhibited one Bill before your Ma[jestie] in your honorable Courte in the Starr Chamber in the name of the said Cuthbte Baites against your said Subiect and the said Robte Helme and against one Willm Fenwick of Blackden in the said Countie and one George Graye thereby suggestinge and alledginge that your said Subiect and the said Willm Fenwick Robte Helme George Graye and others by there meanes or Conspiracies did wittinglie subtillye and falselye contryve fordge and make or that some of them by the Consent practyse and Conspiracie of the resydewe of them did wittinglie subtillye & falsely fordge & make one false wrytinge That is to saye one wrytinge Indented purportinge to be maid the seavententh daye of June in the nyne & twentye yeare of your Ma[jesties] happie Reigne Betwene one Thomas Baites late of Morpithe in the said Countie of Northumberland gent deceased of the one p[ar]tie and Willm Fenwick of the other p[ar]tie and purportinge that the said Thomas Baites in and by the said false wrytinge Indented for the good will zeale and Favor w[hi]ch he did beare and owe to the said Willm Fenwick and for dyv[er]s other good cawses and consideracons him the said Thomas Baites movinge should demyse grante and to farm lett to the said Willm Fenwick his executors and assignes all that his advowson donacon free guyfte and right of patronage of the Rectorie and p[ar]ishe Churche of Whalton afforesaid w[i]thall and singuler thappurtenances thereunto belonginge and app[er]teynynge To have and to hould the said advowson donacon free gyfte and Righte of Patronage of the said p[ar]ishe Churche of Whalton aforesaid w[i]thall and singuler there appurtenances thereunto belonginge to the said Willm Fenwick his executors and assignes from the daye of the daite of the said false wrytinge Indented for and duringe the tearme of fortye and one yeares then next and Imediatelye followinge fullye to be Complete and ended And that the said false and fordged wrytinge was written and Sealed w[i]th the Seale of Armes of the said Thomas Baites or some other Seale after the death of the said Thomas and the name of the said Thomas Baites was Conterfeited and Subscribed to the said false and fordged wrytinge And that the said Sealinge and Subscribinge was Corruptlie and falselye done and Comitted the said fyve and twentye daye of marche att Newcastle by your said Subiect and the said Willm Fenwick and George Graye or some of them by the confideracie and assent of the Resydewe of them or by some other p[er]son or p[er]sons by there Coven Conspiracie assent and p[ro]curement And that he your said Subiect and the said Willm Fenwick and George Graye or some other p[er]son or p[er]sons by there Conspiracie Coven and assent for the better Coullor and mayntenance of the said false and fordged Deede did then and there after the wrytinge and Sealinge thereof Indorse the same false and fordged deede w[i]th thes woordes Signed Sealed and delyv[er]ed in the p[re]sentes of thes witnesses And underneath the same Indorsement did wryte or cause to be written thes names Thomas Franke Symond Chaimbers and Anthonye Anderson as in and by the said Bill it doth and maye appeare And further in the said Bill did complayne that your said Subiect and the said Willm Fenwick and George Graye and div[er]s other p[er]sons of there confideracie and to the Intente afforesaid or some of them by the Assent and p[ro]curement of the resydewe of them the firste daye of Aprill in the said thirtye yeare of your highnes Reigne or att some daye in the said moneth of Aprill afforesaid of there [?owne?] handes and Imaginacons and by false Conspiracies fraude & Coven amongst themselves and w[i]th others did wittinglie subtillye and falselye fordge make and contryve ....................... one other false wrytinge That is to saye one Indenture conteyninge and purportinge to be maid the said towe and twentyth daye of June in the said nyne and twentye yeare of your Ma[jesties] Reigne Betwene the said Thomas Baites on thone p[ar]tie and the said Willm Fenwick on thother p[ar]tie And further purportinge that the said Thomas [Baites] did by the said false and fordged Deede or wrytinge for dyv[er]s good cawses and consideracons him thereunto movinge did demyse grante and to farme lett to the said Willm Fenwick his executors and assignes All that his said Capital messuage or tenement called Litle Bempton and all the Landes tenementes and hereditaments w[i]th thappurtenances in Little Bempton afforesaid To have and to hould the said Capitall messuage and other the p[re]misses to the said Willm Fenwick his executors and assignes to begyn and take effect after the end and expiracon of the lyves natuarll of the said Thomas Baites and Issabell nowe his wife for and duringe the end and tearme of forty and one yeares next and Imediatelye followeinge ..... to be ..... and ..... And ....... Seale the same w[i]th the Seale of Armes of the said Thomas [Baites] ................................................ and subscribe the name of the said Thomas Baites to the said last recyted false and fordged deede and Indenture after the Death of the said Thomas Baites And that your said Subiect and the said Willm Fenwick and George Graye or some of them or some other p[er]son or p[er]sons by there meanes p[ro]curement conspiracie Covin and assent for the better shewe coullor contenance and Credict of the said last Recyted false and fordged Deede did then p[re]sentlye after the wrytinge and Sealinge thereof Indorse the same false and fordged Deede w[i]th thes wordes Signed Sealed and delyv[er]ed in the p[re]sence of Thomas Francke Symond Chambers and Anthonye Anderson as in and by the said Bill appeareth And that your said Subiect and the said Willm Fenwick and George Graye or some of them by the assent of the Resydewe of them after the makinge contryvinge and fordginge of the said sev[er]all false and fordged Deedes still fearinge that the same were not of anye good Coullor or Credict did promise and publyshe the same false and fordged Deedes before the said Robte Helme And that your said Subiect and the said Willm Fenwick and George Graye or some of them by the Assent of the Resydewe did then move and p[er]swade the said Robte Helme to wryte his name as a witnesse on the Backsyde of the sev[er]all false and fordged dedes for the better Coullor and Countenance of the same Deedes And the said Robte Helme att there said mocons and p[er]swasions did w[i]th his own hand Indorse his name on the backsydes of the said false deedes as a witnesse thereof And that the said Robte Helme nor anye of the said other p[er]sons were witnesses of the said false and untrue wrytinges And that the said p[ar]ishe Churche of Whalton aboute towe yeares after the death of the said Thomas Baites became voyde of an Incumbent by the death or Resignacon of the then last p[ar]son and Incumbent thereof And that after his death the said Willm Fenwick by the Assent of your said Subiect and of the said George Graye did est soones publyshe and shewe fowrth in Evydence the said false fordged Deedes aswell before the ordynarie of the same church as alsoe dyv[er]s other p[er]sons and by the said false and fordged Deedes did clayme the righte of the patronage of the said Churche and the title and Interest to p[re]sent thereunto And that the said Willm Fenwick did then lykewyse p[re]sent one [blank] Clarke to the said ordinarie to be admytted Instituted and Inducted in the said Churche of Whalton And for that your said Subiect and the said Willm Fenwick and George Graye did knowe the said sev[er]all deedes and Indentures were false and fordged and p[er]ceyvinge that the same were of all men or of verye manye p[er]sons vehementlye suspected to be false and fordged therefore they did afterwardes conspire and practyze to suborne and examyne false witnesses in some of your Ma[jesties] Courtes of Recordes to make p[ro]fe of the said false and fordged deedes or wrytinges Indented or of thone of them And for the better effect of there said Devellishe devyse the said Willm Fenwick by the assent of your said Subiect and of the said George Graye in the tearme of Easter in the towe and thirtye yeare of your Ma[jesties] Reigne did Exhibitt his Bill of Complaint into your Ma[jesties] highe Courte of Channcerie to the Righte honorable Sir Xpofer Hutton Knyghte then Lorde Channcellor of England against the said George Graye and the said Willm Fenwick in the same his Bill of Complaint did shewe and sett fourth That whereas the said Thomas Baites was lawfully seazed as of Fee of and in the said Advowson and patronage of the Churche of Whalton And soe seazed by his Indenture dated att or aboute the said seavententh daye of June in the nyne and twentye yeare of your Ma[jesties] Reigne did amongst other thinges demyse and grante the same unto the said Willm Fenwick To have and to hould to him after thend and expiracon of the lyves naturall of the said Thomas Baites and Issabell his wyfe for and duringe the tearme of fortye and one yeares next and Imediatlye followeinge fullye to be Complete and ended And that afterwardes the said Thomas Baites and Issabell his wyfe Dyed And that after there Deaths the said Willm Fenwick was thereof possessed for the said tearme of fortye and one yeares And that the Rev[er]con thereof was unto the said Robte Baites Father of the said Cuthbte Baites and his heires expectante as next Brother and heire of the said Thomas And that since the Death of the said Thomas Baites the said Churche of Whalton became voyde And that by Reason thereof yt app[er]teyned to the said Willm Fenwick to p[re]sent his Clark thereunto And that he was disturbed by the said Robte Baites to p[re]sente thereto by reason that the said George Graye hadd Casuallye happened upon the same Indenture and by noe meanes would delyv[er] the same unto the said Willm Fenwick And therefore the said Willm Fenwick prayed in his said Bill of Complaint your Ma[jesties] writt of Subpena against the said George Graye to appeare in your highnes said Courte of Channcerie to Answere the p[re]misses And thereupon the said George did Imediatlye appeare gratis w[i]thout anye writ served on him in your highnes said Courte of Channcerie And maid his Answere of the said Bill to the said Willm Fenwick and therein upon his oathe did saye That true it is that the said Thomas was lawfully seazed as of Fee of and in the said Advowson and patronage of Whalton And soe beinge seazed dyed seazed And that after his Decease the same discended and came as of Righte it oughte to discend and come unto the said Robte Baites Brother and heire of the said Thomas Baites without that that [the] said Thomas Baites in his lyfe tyme did by his Deed bearinge daite aboute the seavententh daye of June in the nyne and twentye yeare of your Ma[jesties] Reigne amongst other thinges as the said George Graye did suppose Devyse or grante the advowson of the said churche of Whalton unto the said Willm Fenwick as by the said Bill of complaint of the said Willm Fenwick and the Answere of the said George Graye Remayninge of Record in your Ma[jesties] said Courte of .......................................... Willm Fenwick and George Graye beinge in the said Suyte att p[er]fect yssue concernynge the said Supposed lease of the said Willm Fenwick George Graye and your said Subiect still p[er]sev[er]inge in there said ungodlye Conspiracies and practyses against the said Robte Baites and Cuthbte Baites and not havinge the feare of god before there eyes or anye due Regard of your Ma[jestie] and of your highnes good and godlye lawes Statutes and ordinances the thirtyth daye & one and thirtye daye of Maye in the towe and thirtye yeare of your Ma[jesties] said Reigne ..... dyv[er]s tymes before the same dayes w[i]thin the Citties of London and Westmynster and att Lambathe and Sowthwarke in the Countie of Surrey and att dyv[er]s other places w[i]thin this your highnes Realme of England did unlawfullye & Corruptlye by letters Rewardes p[ro]mises and other synister and unlawfull meanes p[ro]cure and Suborne one Anthonye Anderson of Lambath afforesaid yeoman and one Symon Chaimbers of Sowthwarke afforesaid habberdasher or towe p[er]sons of Badd disposicon whoe did name themselves to be of the same names addicons and dwellinge places to Comitt unlawfull and Corrupte p[er]iurie in the said Fayned Suyte then dependinge in your Ma[jesties] said Courte of Channcerie Betwene him the said Willm Fenwick plaintyve and the said George Graye deft towchinge and Concernynge the said advowson and Righte of patronage of the said Churche of Whalton and towchinge and concernynge the said false and fordged last Recyted Deede and Indenture of the said messuage landes tenementes advowson and other the p[re]misses And the said Anthonye Anderson and Symon Chaimbers or the said towe p[er]sons wrytinge themselves by the said towe names beinge p[ro]cured and Suborned as afforesaid were Sworne and examyned in your Ma[jesties] said Courte of Channcerie the last daye of Maye afforesaid did falselye depose and saye by vertue of there oathes as followeth That is to saye the said Anthonye Anderson did depose that he did well knowe the said Thomas Baites deceased And that he did well knowe and Remember that the said Thomas Baites did in his lyfe tyme make or Cause to be maid an Indenture of Lease Betwene the said Thomas of thone p[ar]tie and the said Willm Fenwick then Complt of thother p[ar]tie conteyninge a Demyse of a certeyne messuage or tenement called Litle Bempton and of the advowson and Free disposicon of the p[ar]sonage of Whalton in the said Countie of Northumberland for that he was p[re]sent att the Sealinge and delyv[er]ie of the same lease by the said Thomas Baites then lyeinge Sick in his Bedd att the Signe of the Whyte Horse in Eslington in the Countie of Middlesix and that the same was much aboute the same tyme three yeares then last past And that one Robte Helme did Reade one p[ar]te of the said Indenture to the said Thomas Baites whoe afterward did Subscribe his name thereunto and then did Seale and delyv[er] the same as his Deede to the said Willm Fenwick aboute three of the Clock in the afternone in the p[re]sence of him the said said Anthonye Anderson And the said Robte Helme and one Symond Chaimbers servante to the said Thomas Baites And he further deposed and said that the Indenture then shewed unto him by the examyner in the tyme of his examynacon he did knowe to be the selfe same Indenture w[hi]ch the said Thomas Baites so Sealed and delyv[er]ed as afforesaid And that the said Anthonye Anderson did take and did verilie thinke that the name of Anthonye Anderson Indorsed on the Backsyde of the said lease to be of hos owne p[ro]p[er] hand wrytinge And the said Symon Chaimbers by the p[ro]curement afforesaid beinge p[ro]duced Suborned Sworne and examyned the daye and yeare [above] said did falselye depose and saye by vertue of his oathe that he did knowe the said Thomas Baites And that the said Thomas Baites did in his lyfe tyme make or Cause to be maid an Indenture of Lease Betwene him the said Thomas Baites of the one p[art]e and the said Willm Fenwick the then Complt on thother p[ar]tie conteynynge a demyse of messuage or tenement called Litle Bempton and of the Advowson of the p[ar]sonage of Whalton in the said Countye of Northumberland for the tearme of fortye and one yeares And that the same Lease was maid the seavententh daye of June in the nyne and twentye yeare of your Ma[jesties] Reigne And that one Robte Helme did Reade one p[ar]te of the said Indenture to the said Thomas Baites lyeinge then very Sick upon his Bedd att the Signe of the Whyte Horse in Eslyngton in the Countie of Middlesix And that to the said p[ar]te of the said Indenture soe Redd the said Thomas Baites did Subscribe his name and then did Seale and delyv[er] the same as his Deede to the said Willm Fenwick in the p[re]sence of the said Symond Chaimbers and the said Robte Helme whoe wrote the same deede and one Anthonye Anderson and the said Indenture was soe sealed and delyv[er]ed in the place afforesaid And that the Indenture then shewed unto him in the tyme of his examinacon he did knowe to be the selfe same Indenture w[hi]ch the said Thomas Baites soe Sealed and delyv[er]ed as afforesaid And that he did knowe that the name of Symond Chaimbers Indorsed on the backsyde of the same lease to be of his owne p[ro]p[er] hand wrytinge as by the said deposicon of the said Anthonye Anderson and Symond Chaimbers Remayninge of Record in your Ma[jesties] said Courte of Channcerie maye appeare And that in there said sev[er]all deposicons the said Anthonye Anderson and Symond Chaimbers by the unlawfull and Corrupte p[ro]curement and Subornacon of your said Subiect and of the said Willm Fenwick and George Graye did Comitt voluntarilye wittinge wilfull and Corrupte p[er]iurie to the manifest contempte of your gracious Ma[jestie] and contrarie to your said Lawes as in and by the said Bill more playnelye it may appeare And they the said Cuthbte Baites Peter Delavale Raphe Delavale Josua Delavale and Robte Helme or some of them by the assent and p[ro]curement of the resydewe of them havinge of there further malicious Intente and meanynge to your said Subiect soe practysed devysed Concluded and determyned as the said Robte Helme whoe in truthe was principall Conspirator and devyser of the said ungodlye wicked and devellishe devyse hadd and maid against your said Subiect as afforesaid should be maid in the said Bill as a Deft in the same and that he beinge a man of noe Credict Reputacon or Accompte should confesse the foresaid p[er]iurie and Subornacon thereof of should by his deposicons to certeyne Interrogatories confesse the same and chardge your said Subiect to be a dealer consenter or p[ri]vie thereunto and publysher of the said False and fraudelent Deede and to Induce him beinge a man in greate debte and not knoweinge howe by maynteyne his Estaite soe to doe they or some of them by the Assent practyse Conspiracie or Coven of the Resydewe have for sundrie leases Rewardes and other p[ro]misses Induced suborned and ..... ... most wittinglye willinglye falselye Corruptlye and untruelye to confesse forgerie p[er]iurye and Subornacon of p[er]iurie and his owne p[ri]vitie of the same and that your Suppliant was a dealer and consenter in the said forgerie publycacon of the said Fordged deedes and in the subornacon of the p[er]iurie of the witnesses in deposinge as is afforesaid and they have p[ro]mysed him to save and acquyte him of all punishments p[er]ills forfeytures and losses w[hi]ch maye or shalbe laide upon him concernynge the same And the said Cuthbte Baites Peter Delavale Raphe Delavale Josua Delavale or some of them did in consideracon thereof beare his the said Helmes chardges to London to Answere the said Bill w[hi]ch said Helme his Answere was drawne by the Councell and advice of Counsell reteyned by the said Cuthbte Baites Peter Delavale Raphe Delavale and Josua Delavale or some of them and the said Helme was alsoe p[ri]vie and a principall Conspirator and a practyser in and to the draweynge of the said Bill ....... agaynst your Suppliant ..... and was by all the tyme by him attended for devysinge of the same Bill and for Answeringe to the same and to the Interrogatories Exhibited against him meynteyned lodged and kepte in the howse and att the chardges of the said Peter Delavale in London a principall Conspirator in Exhibitinge of the said Bill and devysynge to Slander and discredict your said Subiect as afforesaid whereas in truthe your said Subiect was nev[er] p[ri]vie to the makinge devysynge or publyshinge of anye the Leases in the said Bill soe exhibited against him and the Resydewe menconed nor to anye Bill Subornynge or p[ro]cureinge of anye to be Sworne in or for the p[ro]vinge of the same nor to anye other false untrue or unlawfull practyse in anye wyse concernynge anye matters sett fourth or Suggested in the said Bill against your said Subiect ............... as the said Cuthbte Baites in his said Bill exhibited against him this deft and thothers haith most untruelye and falselye alledged And they the said Conspirators not soe Contented have alsoe p[ro]mysed to Surcease and Relinquishe there Suyte against the said Willm Fenwick and to save him harmeles of all matters Conteyned in the said Bill yf he will chardge your Suppliant to be guyltie of the said forgeries publicacon of Forgeries Subornacons and p[er]iuries in the said Bill conteyned to thintente to bringe your Subiect to utter infamie and discredict And by that the said Conspiracie Subornacon and practyse the said Helme haith in the same Courte confessed the p[re]misses to be true All w[hi]ch Bill and Suyte in the same Courte soe exhibited and p[ro]secuted in the name of the said Baites haith bene and is mainteyned and p[ro]secuted w[i]th the money & att the chardge of the p[er]sons afforesaid All w[hi]ch practizes confideracies maintenance and all other misdemeanures afforesaid have bene Comitted since your Ma[jesties] last free and generall p[ar]done In tender Consideracon whereof and for soe muche as the said mayntenance Compactes Conspiraces Covins plottes and practizes as afforesaid and the Subornacon of the said Robte Helme his p[er]iurie beinge both ....ed and done to discredict and utterlye undoe your said Subiect tend to the utter undoeinge of your said Subiect and to the danngerous example of such evill disposed p[er]sons yf Condigne punyshment be not hereinshewed Yt maye therefore please your most excellent Ma[jestie] to grante unto your said Subiect your highnes most gracous writt of Subpena to be directed to the said Cuthbte Baites Peter Delavale Raphe Delavale Josua Delavale and Robt Helme thereby Comanndinge them and ev[er]ie of them att a certeyne daye therein to be lymitted p[er]sonallye to appeare before your Ma[jesties] most honorable Councell in your highnes highe Courte of Starr Chamber then and there to Answere unto the p[re]misses and to be examyned upon certeyne Interrogatories on your said Subiectes behalfe to be mynistred And further to abyde and to stand to suche order and direction in the p[re]misses as to your highnes said Courte shall seame best to accord w[i]th Justice equitie and good Conscience And your said Subiect accordinge to his bounden dewtie shall daylie praye for your Ma[jesties] longe p[re]servacon and happie Reigne/.

Demurrer:

primo Decembris Anno 38 Elizabeth Regine Willm Mill

The iointe and sev[er]all demurrers of Cuthbert Baites Peter Delavell [Raffe Delavell - appears to be struckthrough] amd Josua Delavell defendts to the bill of Complt of Marke Errington Complt

The said defendants say that the said bill of Complt is uncertaine and insufficient in law to be Annswerred unto for divers and sundry faltes and imp[er]fecions therin Contayned and upon the Complts owne shewing appears onely to be exhibited to ..... the proceedinges in a former bill exhibited yet hanging against the now Complt and others into this honorable Courte by the said Cuthbert Baites one of theis defendantes for moste apparant forgery p[er]iury subornacon of g.... and other moste detestable ..... and offences w[hi]ch by examinacon of the parties theirin defendts and privy to the same and orderly proceedinges in this honorable courte are bolted oute and in some playn..s already doe appear and w[hi]ch before .... not onely greatly suspected by theis defendts but by many more in Northumberland whoe did apparantly see and p[er]ceive the said wicked practises and offences and for example sake wished in Courte of Justice that some reformacon by Reason of Condigne punishment of the offendors might be had therein that the example therof might terrifie others of like Condicon and lewd behavior not to Comitt but to eschew the like offences and for Cause of demurrer in p[ar]ticuler upon the said bill theid defendts say That whearas the Complt chargeth theis defendts that they envying his good estate and credit combined Confederated and Conspired w[i]th the said Cuthbert Baites and p[er]swaded him that the Complt had forged divers deedes and leases of the landes of the said Cuthbert p[re]tending the same wear made by Thomas Baites his anncester and that they the said Cuthbert Baites and the other defendts practised w[i]th one Helme and exhibited a bill into this Courte in the name of the said Baites against the said Complt the said Helme and one Willm Fenwick and Georg Gray for forgery of a writeing Indented p[ur]porting to be made the xvijth daie of June in the nyne and twentie year of your Ma[jesties] Raigne betweene the said Thomas Baites and the said Willm Fenwick Conc[er]ning a grannt of the advowson of the Churche of Whalton frome the day of the daite therof for fortie and one years and for other offences Contayned in the said bill w[hi]ch the complt at large Reciteth Contayning the said sev[er]all offences and the Complt then alledgeth that the said defendts Conspired that the said Helme should be a defendt in the said bill and should Confesse all the offences menconed in the same of himselfe and charge the Complt to be a dealler Consenter and privy their unto and a publisher of the said False and fraudulent deed and that theis defendts for promes of Reward have induced the said Helme to Confesse forgery p[er]iury and subornacon of p[er]iury of the witnesses and that the theis defendts have p[ro]missed him to save him harmles by Reason theirof and the Complt alledgeth that by the defendts Conspiracy subornacon and practise the said Helme hath in the said court Confessed the p[re]misses to be true Firste upon the Complts owne shewinge the said Cuthbert Baites hayth done nothinge but that w[hi]ch is lawfull yf the matters alledged by the Complt wear all true as they are most false for yt is lawfull for him the said Baites to exhibit such a bill and in exhibiting therof and makeing the said Helme aswell as the Complt partie to the same that is noe offence in him neyther by law can the Complts surmises be intended to be true that Helme should accuse himselfe yf the matters wear false being so Confessed of purpose to accuse the Complt neyther is the said Helme or can be intended to ... soe simple that he shoulde upon hope that the defendts should discharge him of the offences surmised for w[hi]ch Corporall punishment is to be inflicted accuse himselfe of soe horrible crymes yf they wear untrue upon any purpose to accuse the said defendts in the said bill theirof knowing that none can discharge him of the same but that he in p[er]son is corporally to be punished for the same And the said Peter Rauffe and Josua Delavell say that the practyse surmised against them to procure the said Helme soe to accuse the Complt in accuseing himselfe is such a surmise as by lawe cannot be intended true also upon the Complts owne shewing yf Helme have deposed noe more by their procurement but that the Complt should be a dealler and privy to the said offences and a publisher of the said deed the same carrieth in yt selfe noe matter punishable in the Complt for he might deall in a forgery and be noe forger and he might Consent to the dedes not knowing of the forgery and yet be privy to the same after that by Relacon of others and to publish such a dede not knowing yt then forged is no offence in the Complt and then the bill Contayneth noe matter against theis defendts also the Complt is but yet called in question in Course of Justice w[hi]ch is lawfull and therfore the bill in chargeing theis defendts and the other p[er]sons w[i]th a surmised Conspiracy before the Complt be acquited of the offences laid to his charge is not lawfull as all theis defendts doe say and are informed also all theis defendts say that yf the said Helme hath soe accused the Complt as the Complt alledgeth in accuseing also himself in a matter soe criminall the same is as stronge as an indictment against the said Complt and is a vehement and a strong p[re]sumpsion that the Complt is guilty theirof upon his owne shewing in iudgement of lawe also they say that all the matters in the bill menconed are but eyther surmised conspiracy or matter p[re]cedent and leading to Conspiracy w[hi]ch is not examinable hear as they are informed untill the Complt have cleared himselfe of the offences laid to his charge and soe the bill is altogether framed against theid defendts w[i]thout all cause for as yet the cause hangeth hear unhard and undetermined for w[hi]ch and other apparant faltes & imp[er]feccions in the said bill and for great inconveniences that might ensue yf this suite now exhibited hear might [?holde?] theis defendts doe demurr in law and demannde iudgement yf they shalbe Compelled to Annswear to the said insufficient bill and pray to be dismissed w[i]th their Reasonable Costes and charges in this behalfe by them moste wrongfully sustayned/