STAC 5/F12/15

Court of Star Chamber:

Anthonie Felton of Holborne, Middx, gent v William Bidnell & Nicholas Metcalfe

Transcript: Dave King

Bill of complaint:

Dated tbc: 29 Eliz

To the Quene our moste dreade Sov[er]aigne Ladye

Humblie Complayneinge shewethe unto your moste excellente ma[jestie] your faithfull and obediente subiecte Anthonie Felton of Holborne in your graces Countye of Middlesex gent That whearas in your heighnesse p[ar]liamente holden at Westm[inster] in the vthe yeare of your ma[jesties] moste happie Raigne/ Yt was established and enacted amongste other thinges That yf anye p[er]son or p[er]sons after the tenthe daye of Aprill then nexte comeinge shoulde eyther by the subornacon, unlawfull procuremente sinister p[er]swation or meanes of anye other or by theire owne acte consente or agremente willinglie and Corruptlie Comitte anye manner of wilfull p[er]iurye by his or theire deposicon in anye of the Courtes menconed in the saide acte That then everie p[er]son and p[er]sons so offendeinge and beinge thearof duelie Convicted and attainted by the lawes of this Realme should for his or theire said offence lose and forfeite xxli and to have imp[ri]sonmente by the space of sex monethes w[i]thout bayle or mainp[ri]se And yt the oathe of suche p[er]son or p[er]sons so offendeinge from thence forthe not to be Receyved in any Courte of Recorde w[i]thin this Realme of Englande or Wales or the Marches of the same untill suche tyme as the Judgmente given againste the saide p[er]son or p[er]sons shoulde be reversed by attaint or otherwise And yf it shoulde happen the saide offender or offendors so offendinge not to have any goodes or Chattells to the value of xxli Then he or they to be sette on the pillorie in some markett place w[i]thin the Shiere Cittye or Borowe wheare the saide offence shoulde be Comitted by the Sheriffe or his ministers Yf it fortune to be w[i]thoute anye Cittye or town Corporate And yf it shoulde happen to bee w[i]thin anye Cittye or towne Corporate or by his or theire ministers and theare to have bothe of his eares nayled upon the pillorie and from thenceforthe to be discredited and disabled for ever to be sworne in anye of the Courtes aforesaide untill suche tyme as the Judgmente should be reversed and thearupon to recov[er] his Damages in manner and forme as in the said statute is rehearsed Thone moitye of all suche somes of money goodes and Chattels to be forfeyted in manner and forme aforsaide to be to your heighnesse youre heires and successors And thother moitie to such p[er]son or p[er]sons as shoulde be greved hindered or molested by reason of anye the offence or offences before menconed that woulde sue for the same by accon of dette bill plainte Informacon or otherwise in anye of your ma[jesties] Courtes of Recorde And further as in the saide act more at large is conteyned And whearas also your said subiecte heartofore exhibited his Bill of Complt before your ma[jestie] and your heighnes Counsell established in the Northe p[ar]tes against Anthony Metcalfe Willm Metcalfe and John Scrogges sheweinge thearby that the nowe reverende father in god John nowe Bishoppe of Carliell beinge seised in fee in righte of his said see and Bishopricke amon[st] other thinges of in and upon the Rectorie or p[ar]sonage of Warkeworthe in youre graces Countie of Northumberlande and of c[er]taine glebe landes thearunto belongeinge called Glowcester hill or Glossester glebe togeather w[i]th the Capitall Messuage or mansion house theare and all other buildinges pastures and hereditamentes thearunto belongeinge demised the same to your saide suppl[iant] for the tearme of div[er]s yeares yet endureinge whearby your supp[liant] ent[er]ed and was possessed of the same, and thearof expulsed by the said defendts to his greate damage whearunto the said then defendts by waye of answeare alledged that Richard late Bishopp of Carlile beinge seised of the saide p[re]misses called Glowcester hill or Glossester Gleebe w[i]th thapp[ur]tenances demised the same to Henrie Appleton for yeares then also Indureinge And that some lease was confirmed by the then Deane and Chapter of the Cathedrall Churche of Carlile and after assigned over by the saide Henrie Appleton to the saide then defendts whearby they entred and so Justified theire occupacon thearof And traversed the lease made to your suppl[iant] of the p[re]misses as aforesaide and the rest of the materiall Contentes of the same Bill whearunto your said supp[liant] by waye of Replicacon maintayned his Bill and traversed the Lease made to the said Henrie Appleton of the p[re]misses and thassignemente from him to the saide defendts and the residue of the Contentes of the said Answeares whearupon the said p[ar]ties weare at full and p[er]fect yssue and daye was given by the saide Councell in the Northe for bothe the saide p[ar]ties to prove theire saide sev[er]all recited titles and allegacons in and to the p[re]misses before menconed whearupon one Willm Bidnell and Nicholas Metcalfe gent amongste others weare produced as witnesses on the p[ar]tie and behalfe of the saide Anthonie Metcalfe Willm Metcalfe and John Scrogges then defendts againste youre saide supp[liant] then p..... to prove the saide Lease made by the said Richard late Bishoppe of Carlile to the said Henrie Appleton and the Confirmacon of the same by the saide then deane and Chapt[er] of the saide Cathedral Churche of Carlile as is aforesaide And the saide Willm Bydnell and Nicholas Metcalfe beinge so upon the then defendts p[ar]te and behalfe produced and sworne before some of your ma[jesties] saide Councell in the Northe haveinge authoritie so to do) to testefie and depose the truthe upon theire knowledge in the p[re]misses weare afterwardes examined before James Cotterell gent beinge one of the examiners before the said Councell amonge others, upon the 2/3/4/5/6/7 & 10th Interrogatories upon the p[ar]te and behalfe of the saide then defendts But nowe so it is yf it maye please your moste excellente ma[jestie] that the saide Willm Bydenell & Nich[ol]as Metcalfe not haveinge the feare of god before theire eyes w[i]thout regarde of theire duties toward god and your ma[jestie] and w[i]thout feare of the paynes & penalties of the said Recited statute and of your ma[jesties] Lawes of this Realme and beinge sworne upon theire Corporall othes truelie to answeare to suche Interrogatories as upon the saide then defendts behalfe shoulde be ministred unto them and beinge so exa[min]ed upon the said 2 3 4 5 6 7 & 10 Interrogatories before the saide James Cottrell at your ma[jesties] said Cittye of Yorke the fourthe daye of Julie last paste in this p[re]sente xxixthe yeare of your ma[jesties] saide moste happie Raigne did in theire sev[er]all Answeares to the said 2 3 4 5 6 7 & 10 Interrogatories before menconed eyther by the subornacon unlawfull procuremente sinister meanes and p[er]swation of the said Anthone Metcalfe Willm Metcalfe and Jhone Scrogges then defendts and of theire owne p[er]vers minde and ungodlie Intente or of theire owne heades Consentes and agrementes or otherwise moste wilfullie and corruptlie sweare & depose upon their Corporall oathes as an undoubted truethe in suche manner and forme as hearafter is recited That is to saye the saide Willm Bydnell in his saide Answeare to the saide 2/3/4/5/6 & 7 Interrogatories did depose and affirme That the saide Henrie Appleton haveinge a lease of the said p[re]misses then in variance to him made by the said Reverende father in xpte Richarde late Bishopp of Carlile for the tearme of one and twentye yeares dated the fourtenthe daye of Januarie in the nyententhe yeare of your ma[jesties] saide Raigne whearupon was reserved the yearlie Rente of Fiftie thre shillinges foure pence to the said then Bishopp of Carlile and his successors yt he the saide Henrie Appleton so possessed did by his deede Indented bearinge date the xvth daye of Aprill in the saide xixthe yeare of youre ma[jesties] Raigne grannte asssigne and sette over the said p[re]misses w[i]th thapp[urtenances] and all his righte title intereste and tearme of yeares to come in the same unto the said Anthonie Metcalfe one of the saide then defendts And that the saide Henrie Appleton did seale and as his deede deliv[er] the saide Indenture of Assig[n]mente to the handes of the same Willm Bydnell for and to thuse of the saide Anthonie Metcalfe togeather w[i]th the saide lease under the seale of the saide Bishopp togeather w[i]th a Confirmacon in writeinge annexed to the saide Lease under the Seale of the saide deane and Chapter of Carlile and that the saide Indenture of assignemente togeather w[i]th the saide Lease under the seale of the saide Richarde then Bishoppe of Carlile confirmed under the seale of the saide deane and Chapter of Carlile was so deliv[er]ed to the saide Willm Bydnell in the minster at Carlile aboute the daye of the date of the said assignm[en]t in the p[re]sence of John Barnes Clarke Nicholas Metcalf and others witnesses thearof at that tyme whearbye he knewe to depose so farre thearin And in his answeare to the tenthe Interrogatorie before menconed he the saide Willm Bydnell did likwise depose and affirme yt theare was an old Lease beinge of the said p[re]misses at the tyme of the makeinge of the saide Lease to the saide Henrye Appleton and that the saide olde Lease was lawfullie surrendered to the saide Richarde Bishopp of Carlile at the tyme of thensealeinge And deliv[er]ye of the said assignment by the saide Henrie Appleton to the said Willm Bidnell as aforesaide And that the saide Richarde Bishopp of Carlile was then in the minster at Carlile a litle before the saide assignmente was sealed and deliv[er]ed to the said Willm Bydnell as aforesaide And that the same Willm Bydnell did then by thappointmente of the saide Anthonie Metcalfe S[ur]render and give upp the said olde Lease of the p[re]misses unto the handes of the said Richard then Bishopp of Carlile in the p[re]sence of the saide named witnesses & div[er]s other witnesses thearof And yt thearupon the said Richard Bishopp of Carlile did affirme and saye to the saide Bydnell yt he had sealed and deliv[er]ed the saide Indenture of Lease of the p[re]misses und[er] his hande and seale unto the said Henrie Appleton and yt the same Lease was confirmed by the deane and Chapt[er] of Carlile und[er] theire seale and yt it was a good Lease And yt Imediatlie afterwardes the said Henrie Appleton did ...... and deliv[er] the said assignm[en]t to the saide Willm Bydnell to thuse of the saide Anthonie Metcalfe as aforesaide or to the like effecte And likewise the said Nicholas Metcalfe in his answeare to the saide second third fourthe fifte sexte and seaventh Interrogatories before menconed did affirme and also depose in effecte as was before deposed by his Cotestes Willm Bydnell and yt he the said Nicholas Metcalfe was attendinge upon his said Cotestes Willm Bydnell at Carlile when the saide Henrie Appleton did seale & deliv[er] the assignem[en]t of his Lease of the p[re]misses to his said Cotestes for & to thuse of the saide Anthonie Metcalfe and so was p[ri]vie in everie respecte as by his Cotestes was sett downe whearbie he knewe so to do And in his answeare to the said xth Interrogatorie he the said Nicholas Metcalfe did likewise affirme and depose in effecte as was before deposed by his cotestes Willm Bydnell And yt he did then a litle before the sealeinge and deliv[er]ye of the said assignem[en]t see his Cotestes surrender & give upp the said old Lease of the p[re]misses by appoin[t]m[en]t of the saide Anthonie Metcalf unto the handes of the saide Richard then Bishopp of Carlile & so was p[ri]vie in everie respecte to depose as by his said Cotestes sett downe as by the same sev[er]all deposicons remayneinge of recorde w[i]th the said Councell maye amonge other thinges appeare In and by w[hi]ch said sev[er]all deposicons before recited the said Willm Bydnell & Nicholas Metcalfe & eyther of them did Comitte moste manifeste wilfull Corrupte and apparante p[er]iurie ... are thearby & eyther of themis thearbie mos[t] wilfullie willinglie falslie and corruptlie p[er]iured & forsworne For in truthe Sir Thomas Smithe knighte who then was deane of the said Cathedrall Churche of Carlile was not p[re]sent nor p[ri]vie nor consenteinge to the said Confirmacon neyther had appointed or aucthorised anye vice deane Subdeane or deputie for the Confirmeinge of the same But in truthe the said Sir Thomas Smithe did then signifie his minde & also charged the said Chapt[er] for div[er]s Consideracons yt suche like Leases as weare made to the said Henry Appleton as aforesaid should not be Confirmed Neyther in truethe was any suche Confirmacon made by the said dean & Chapt[er] as they the said Willm Bydnell & Nicholas Metcalfe or eyther of them p[re]sente when the said Henrie Appleton did assigne & sett over [the] Olde Lease Lawfullie surrendred & given upp into the handes of the said Richard then Bishopp of Carlile Neyther weare the said Willm Bidnell and Nich[ol]as Metcalfe or eyther of them p[re]sente when the said Henrie Appleton did assigne & sett over His said Lease & intereste w[hi]ch he then had in the p[re]misses unto the said Anthonie Metcalfe Neyther did the said Richard then Bishopp of Carlile ever affirme & saye to anye p[er]son or p[er]sons yt he had sealed and deliv[er]ed the saide Indenture of Lease of the p[re]misses under his hande & seale unto the said Henrye Appleton And yt the same Lease was confirmed by the deane & Chapiter of Carlile under theire seale and yt it was a good Lease in suche sorte mann[er] and forme as the said Bydnell & Nich[ol]as Metcalfe moste untruelie & Corruptlie have deposed By reason of w[hi]ch saide false Corrupte and untrue oathes & deposicons before menconed div[er]s doubtes did arise So yt your ma[jesties said Concell in the Northe Could not Convenientlie order and determine the saide Cause But for doubtfulnes thearof the same Cause was dismissed out of your Courte to be tryed by the Course of the Common Lawes/ to the greate p[re]iudice of your said subiecte groweinge onelye by meanes of the said untrue deposicons, And the Cheifeste Cause and onelie Cause whie the said Councell did not establishe and decree the possession of the said p[re]misses w[i]th your said suppliant was the false and Corrupte testimonie of the said Bydnell & metcalfe who did moste wilfullie p[er]iure & forsweare them selves as aforesaide w[hi]ch said wilfull Corrupte & apparante p[er]iurie is and dothe not onelie tende to the manifeste Contempte subvertion and utter overthrowe of Justice & to the p[er]nitious & most danngerous example of others your ma[jesties] subiectes to attempte & putte in practize the like yf Condigne & due punishm[en]t be not hearin by your ma[jestie] spedelie had & provided And especially Contrarie to the tenor & true meaneinge of the statute before recited & other your heighnes statutes But also to the greate losse damage & hinderance of your said supp[liant] excepte your ma[jesties] accustomed Clemency be unto your said Supl[iant] extended for his releif in yt behalfe, In tender Consideracon whearof and forsomuche as your said Supp[liant] is nowe dwellinge in Holborne in the Countye of Midd[lesex] and is an attorneye in your heighnes Court of Common Pleas at West[minster] & by reason of his attendance theare and dwellinge in the said County of Midd[lesex] as aforsaid he cannot Intende & attende p[ur]sue and followe sute againste the said Bidnell & Metcalf for redresse of the said abuses befor your ma[jesties] said Councell in the Northe [parts] for yf the said Bydnell & Metcalfe often tymes [comorant] & abideinge out of the p[re]cincte of the Commission of the said Counsell in the Northe And to thende the said Bydnell & Metcalf may have & receyve condigne & due punishm[en]t for their saide wilfull Corrupte & apparante p[er]iurie according to the said late acte before rehersed ........... heighnes lawes And yt your said supp[liant] [which is] greatlie hindered & dampnified by the said wilfull Corrupte & apparant p[er]iurie may have & Receyve such benifitt & advantage as by the saide sta[tute] is limitted & appointed It may thearfor please your moste excellent ma[jestie] to [grant to] your said supp[liant] your ma[jesties] most gratious writt of subpena to be directed unto the said Willm Bidnell & Nich[ol]as Metcalfe comandinge them ... eyther of them thearby at a c[er]taine day & under a c[er]taine paine thearin by your ma[jestie] to be limitted to be & p[er]sonally to appear before your most excellent [majesties] ..... heighe Court of Sta[rr] Chamber at West[minster] then & theare to answeare unto the p[re]misses & further to stand to suche order & direction thearin as to your ma[jestie] & your most honorable Councell of the sam[e] Court shalbe thought to stand w[i]th their demerittes & your said supp[liant] shall dailie pray to god [for your majesty] in p[ro]sperity longe to [reign over us]/

Ja: Savile Reader 1587

The answer of Nicholas Metcalfe:

The Answere of Nycholas Metcalff one of the defendts To the Byll of Complaint of Anthonye Felton complt

[?Jur?] vto Novebr Anno xxix dm Elizabeth Regine Mill:

The saide defendt sayeth That the saide Byll of Complaynt is uncerteyne, untrue & insuffycient in lawe to be answered unto for dyvers apparent contrarieties and incerteyntyes therein conteyned, And is malyciouslye & slannderouslye framed and devysed by the saide Complt. And drawen in length w[i]th manye fayned suggestyons needlesse termes and sup[er]fluous speaches of p[ur]pose onely (as this deft is enduced to thinke) to oppresse and vexe the saide defendt w[i]th expressyve and importable Charges by iniuryous suytes and troubles in the lawe. And this defendt verelye hopeth that upon the sequele of the matter itt wyll appeare That the same Byll is exhibyted here in this honorable Co[ur]te w[i]thowte eyther Conscyence reasone or iust cause of suyte But onelye of a malycious meaninge in the saide complt entendinge utterlye to undoe this deft beinge a verye poore man, not able to supporte his famylie at home, muche lesse to travayle to this honorable Co[ur]te beinge allmoste CCC myles from his dwellinge w[hi]ch is in Northumb[er]land and w[i]thin the Jurysdiccon of the Comyssyon of your Highnes Cowncell for the Northe p[ar]tes established att Yorke, where the saide Complt untruelye (by his saide Byll) intendeth that the saide deft hathe Comytted the supposed p[er]iurye in the saide Byll s[ur]mysed, And where allso the saide Complt myght (yf his allegacons were true) w[i]th more ease & in shorter tyme obteyne iust remedye for the same. For w[hi]ch Causes this deft hopeth he shall not need to make anye other Answere to the saide slannderous Byll. And therefore humblye prayeth That by thorder of this honorable Co[ur]te this Cause maye be from hence dysmissed and referred to your highnes saide Cowncell att Yorke. Yeat Notw[i]thstandinge yf this deft shalbe by thorder of this ho[norable] Co[ur]te compelled or enioyned to make anye other Answere, Then thadvantage & benefyte of excepcon to the unc[er]teyntie & insuffyciencye of the saide Byll for somuche thereof as toucheth or conc[er]neth this deft, to him the saide deft nowe and att all tymes hereafter saved, He sayeth thatt as touchinge anye wyllfull or corrupt p[er]iurye wherew[i]th the saide deft is charged by the same Byll he the saide deft is not thereof guyltie in such sorte man[ner] & forme as in the same Byll is conteyned. W[i]thowte that that anye other thinge or matt[er] in the same Bill conteyned conc[er]ninge this deft materyall to be answered unto, And herein not Confessed avoyded trav[er]sed or denyed (to this defts knowledge is true. All w[hi]ch matt[ers] this deft is readye to maynteine & p[ro]ve as this honorable Co[ur]te shall awarde and prayeth to be dysmyssed w[i]th his reasonable Costes & Charges in this behalff wrongfullye susteyned./.

Yelverton .....