STAC 5/F20/26

STAC 5/F20/26 - B A - 30 Eliz - Gloucestershire - Humphrey Fryer v Robert Robynson, John Jones, John White, Jesse Whittingham alias Baker, Sapience Clytterbooke, William Elbryke alias Elbrighte, John Cosby, Thomas Cay, John Wycombe, Thomas Prycharde, James Baker, George Marshall see STAC Fryer

Transcribed by Helen Good

To our Sovereign Lady the Queen’s most excellent majesty

In most humble wise complaining sheweth unto your Highness your faithful and obedient subject Humfry Fryer of Gloucester gentleman

That whereas your said subject for the revealing and repressing of many the oppressions concealments of your highness Customs tonnage and poundage transportations of grain and injuries to the annoyance and grief of your highness good subjects by Robert Robynson searcher of the port creeks and havens of Gloucester hath heretofore exhibited and caused to be exhibited divers several complaints informations and suits into your highness most honourable court of Star Chamber and Exchequer. The said Robert Robynson bearing therefore mortal hatred against your said subject did for revenge thereof first practise to molest and vex your said subject with divers and sundry wrongful and and unjust actions and suits and for that purpose confederated himself with Thomas Hilpe of the City of Bristol tanner Robert Shoar and Peter Mathewes of the said City merchants and William Fryer of the county of Worcester gentleman to put your said subject in suit, which in one year now last past upon divers several supposed debts pretended to be due by your said subject unto every of them severally, and for the better encouraging of them the the said Robynson and defrayed for unlawful maintenance and embracery thereof all or a great part of the charges and expenses in and about the same suits upon a [secrecute former] them to have and enjoy some part of the same debts to his own use and behoof: And not therewith satisfied but increasing in malice and fearing the pursuit of the said suits for the concealments oppressions and injuries, hath of late as eftsoons before often times sought to murder or mayhem your said subject by himself or others sometimes had owing the same under the colour and show of some feigned and wrongful arrest

And did for the bringing of the same to pass by unlawful rewards given promised or paid until John Jones and John White now your highness sheriffs of your county of your City of Gloucester corruptly procure them the said sheriffs to make the warrant for for the arresting of the body of your said subject The same sheriffs not having then any lawful writ authority or warrant so to do: And to direct the same warrant unto diverse of the attendants and servants of the said Robynson malicing your said subject and not to any known or sworn officers as it ought to have been, which the said Robynson having obtained thinking thereby to protect himself and his complices whatsoever mischief he or they should by colour thereof practice did in or about the sixteenth day of January now last past unlawfully assemble together in the said city of Gloucester Jesse Whittingham alias Baker Sapyence Clitterbooke William Elbryke alias Elbryght John Cosby Thomas Cay John Wytcom, Thomas Prycharde James Baker George Marshall with divers other resolute and disordered persons all arrayed with swords daggers long pikes staves clubs bills and other forcible weapons of intent and purpose under colour of the said unlawful warrant to kill or mayhem your and subject And the better to effect the same according to their former agreement and by the direction of the said Robynson being riotously and unlawfully assembled together did very riotously marching along in warlike manner through the streets of the said City to the terror of all your Highness peaceable and quiet subjects there repair unto the dwelling house of John Tayler of the said City where your said subject then was And then and there did at the first view of your said subject with out any motion of any arrest grievously assault beat and wound your said subject to the endangering of his life and had then and there partly murdered him Had not some of the honest subjects of your highness perceiving their mischievous and malicious intents by gods good providence with the endangering of their own lives defended your said subject from the said violence:

In tender consideration whereof and for that the said unlawful maintenance embracery bribering rewards paid and received by the said sheriffs And riotous assembly assaults and wrongs are great and heinous misdemeanours fit to receive condign punishment according to the quality of every of the same offences May it therefore please your highness to grant your Majesty's most gracious writ of subpoena To be directed to the said Robert Robynson John Jones John White Jesse Whittingham alias Baker Sapience Clytterbooke William Elbryke alias Elbrighte John Cosby Thomas Cay John Wycombe Thomas Prycharde James Baker and George Marshall commanding them thereby at certain day and and under a certain pain therein by your highness to be Limited and appointed personally to appear before your highness in your most honourable court of Star Chamber then and there to answer to the premises and further to abide and receive such order and direction as to your Highness and the said court shall seem best to accord with justice.

And your said subject according to his bounden duty shall daily pray for the long continuance and stability of your majesty’s most happy reign over us.

The joint and several answers of Thomas Koye John Wittcombe William Elbright Jesse Whittingham defendants to the Bill of complaint of Humphrey Fryer complainant (Jurat 12 Febr Ao xxx Elizabeth)

The advantage of exception to the incertainty and insufficiency of the said Bill of complaint to these defendants and every of them now and at all times hereafter saved. These defendants by protestation sayen and either of them sayeth that the said Bill of complaint exhibited into this honourable court against them by the said complainant is more of a mere troublesome disposition he has to vex and unjustly molest these defendants being poor handicraftmen and not able to endure suits in law, than for or upon any good cause or grounds of suits he hath to move him thereunto nevertheless if they and every of them shall be compelled by the order of this honourable court to make any other or further answer the unto them these defendants sayen and every of them for so much as concerneth himself sayeth that as to any unlawful assembly riot rout assault or any other the misdemeanours mentioned in the said bill objected against these defendants and examinable in this honourable court that they nor any of them is there of guilty in such sort manner and form as in the said Bill of complaint is untruly and slanderously alleged. All which matters said defendants and every of them for so much as to them severally appertaineth are ready to aver and prove as this honourable court shall award. And prayen and every of them preyeth to be dismissed out of the same with the reasonable costs and charges in this suit unjustly sustained