STAC 5/N3/15

From Waalt

STAC 5/N3/15 - B - 22 Eliz - Surrey - Robert Norrys v William Breeche see STAC Norris

Transcribed by Helen Good

To the Queens most excellent Majesty

Humbly showeth and complaineth on to your most excellent Majesty your humble and obedient subject Robert Norrys of London yeomen that whereas your said subject about the first day of March last past brought an Action of Trespass in your highness court commonly called the Marshalsea against one Thomas Coxe in the custody of the Marshall of the Marshalsea of the household of your highness being your said subject then and there declaring upon his said action how that the 20th day of February in the two and twentieth year of the reign of your highness he this said the defendant with force and arms the house of your said subject situate and being at Cow Crosse in the country of Middlesex within the verge and did break and enter and that trespass aforesaid continued from the said twentieth day of February onto the first day of March then next following to which action the said Thomas Cox by Thomas Howlford his attorney did appear and made defence five words of cowrse and to the force and arms and whatsoever was suppose against the peace of your highness the sad defendants pleaded that he was not thereof guilty and thereof put himself upon the country and your sad subject likewise and as for the residue of the trespass in the in the declaration aforesaid specified the said Thomas Coxe said that your said subject his action aforesaid against him ought not to have for he said that at the time of the trespass aforesaid in the declaration of aforesaid supposed Hellene Ellyott was lawfully possessed of the house aforesaid for term of seven years then next coming fully to be complete and ended and so she thereof being possess the said Thomas Coxe at that time of the trespass aforesaid at servant to that said Helene Ellyott the house of aforesaid did break and enter and the trespass aforesaid continued as lawful was for him to do; To which barre your said subject replied and pleaded that the defendant was guilty of his ownwrong of the trespass aforesaid without any such cause and thereupon your said subject and the said Thomas Coxe were at issue for the trial whereof there was a jury summoned returned elected tried and sworn and your said subject for evidence on his part by his counsel alleged that the place where the trespass was supposed was an house sometimes in the possession of John Ellyott sometimes called the Hartes Horne which was also confessed on the part of the counsel on the other side: and further being alleged on the parts of the council of your said subjectthat the said messuage was at the time of the dissolution of the Priory of Saint John of Jerusalem parcel of the possessions of the said Priory and by the dissolution thereof came to the possession of your highness noble father King Henry the eight and so from him by his letters patentes conveyed amongst other things to one John Cocke and John Thorogood whose estate therein your said subject by diverse means conveyances had. The counsel on the other side did earnestly contend that the said house was not conveyed from the said late King Henry the Eight to the said John Cocke and John Thorogood and so by no means could come to your said subject by mean convergence from the said late King and for the further persuading the Jury that it was not likely that the same house should be passed away from the said late King; it was alleged by the counsel of the said defendant that your highness as in whose hands the inheritance of the sad house still remain did of late make a lease thereof to one Bryan Fittswilliam which being on the part of your said subject denied on the part of the said defendant to proof of that point was produced forth as a witness one William Breeche late of Clarkton Well yeoman who being then and there by the court lawfully sworn did then and there commit voluntarily wilfull and corrupt perjury contrary to the laws of your Highness realm in that he then and there affirmed to the said jury upon his oath that your highness under your great seal had demised the said tenament by the name of the Hart Horne for one and twenty years to one Fitzwilliam for one and twenty years in reversion which thing was most false and untrue. In consideration whereof and forasmuch as that wilfull and corrupt perjury is an high and heinous offence against almighty god and the laws of your highness realm and to the pernicious example of your Majesty's subjects if condigne punishment for the same were not had. May it please your highness to grant the Queens Majesty’s writ of Subpoena to be directed to the said Willyam Breeche commanding him thereby personally to appear before your highness Honourable Council in your highness High Court of Star Chamber at such day and time and under such pains therin to be limitted as shall seemed good to your highness and your said subject shall duly pray to almighty god for the long and prosperous reign of your highness over us.