STAC 5/O7/28

From Waalt

Court of Star Chamber:

Edward Owen v William Barnes

Transcript: Dave King

Bill of Complaint:

dated on reverse: Mart decimo Nono Aprilis Anno xxxix Elizabeth Regine Willm Mill

To the Queenes most excellente Ma[jestie]:

In most humble and duetifull manner Complayninge sheweth unto your most Royall Ma[jestie] your highnes trewe loyall and obedient Subiecte Edwarde Owen Cyttyzen and Surgeon London That Whereas your Ma[jesties] said Subiecte was and is owner and seased in fee simple of one fayer and greate Messuage or howse in the towne and p[ar]isshe of Egham within your highnes Countye of Surrey; And whereas also your said Subiecte by reason of his knowledge practise p[ro]fession and Skill in Surgerye; hathe sometymes in Cure p[er]sons infected with a certeyne contagious disease or grevance not fitt in this your highnes most honorable Courte to be named; whiche disease most Commonly fallethe or Channcethe to suche p[er]sons as are geven to lewde; Loose; lascivious, and incontinente manner of lief; And whereas this your Ma[jesties] said subiecte seaven yeares nowe last past or thereaboutes; had one Willm Barnes (beinge one of your highnes Chappell) in Cure for suche a disease; and likewise aboute that tyme, (by the p[ro]curemente of the said Willm Barnes) had one Magdalen Robinson a singlewoman in Cure for the said disease; she then beinge deepelye infected with the said disease; as also she beinge then with Childe; (bothe whiche she then ymputed and laid to come to her by the said Willm Barnes;) Whereby there was little or no hope of curinge of her; Yet to the ende that this your highnes said Subiecte shoulde doe his best indevor to cure the said Magdalen of the said disease; and to paye and dischardge her Cheardges and expences where she then laye duringe the tyme she should be in Cure for the same; and for her better releif and maintenence duringe her lief; and for and in some parte of amendes and recompence by him the said Barnes to be made unto the said Magdalen; he the said Willm Barnes did then compownde to geve and paye unto this your highnes said Subiecte, the some of twentye fyve poundes of lawfull moneye of Englande or thereaboutes; for the more suer payment whereof at suche a daye or dayes; tyme or tymes then agreed uppon; the said Willm Barnes then entred bonde and became bounde unto this your Ma[jesties] said Subiecte by his sufficient deede in the some of fortye powndes or thereaboutes Nowe so yt is right gracious sov[er]aigne, that sithence that tyme the said Magdalen and one other p[er]son her then mistres beinge the wief of one Lawrence [blank] be deceased; they bothe beinge suche p[er]sons as Coulde (while they lyved) have testified (if they had bene Called thereunto) what lief the said Willm Barnes was then of; bothe with her the said [Magdalen and] also with others besides her; Sithence whose deceases the said Willm Barnes not havinge the feare of god before his eyes nor the Care of a good Con[science]; neyther yet standinge in awe of your Ma[jesties] lawes against wilfull murtherers burners of howses robers by the highe waye Comytters of other fellonyes; and against their and everye of their p[ro]curers ayders and assisters had made or p[ro]vided, he the said Willm Barnes beinge most maliciously bent and inclyned and especially towardes this your highnes said subiecte myndinge the utter subvertion of this your graces said subiecte declaringe himself by his factes and doinges therein to be no other in or for his religion then an Athist and a [?Machevilist?] (yf yt be lawfull so to iudge and coniecture by suche accyons) For first the said Willm Barnes in September last past meetinge with this your highnes said Subiecte in your Ma[jesties] highe waye neare Brameforthe; bothe the said Willm and this your highnes said Subiecte beinge then on horse backe; the said Willm p[er]ceyvinge this your graces said Subiecte to be then alone; and withoute weapon; and not so well horsed as he the said Willm then was; he the said Willm drewe owte his sworde or rapier; and came uppon this your highnes said Subiecte; and then and there assaulted him this your said Subiecte verye danngerously fully purposinge and mindinge then and there to have murdered this your highnes said subiecte; from whiche said dannger this your highnes said Subiecte (after manye blowes and thrustes by the said Willm geven and bestowed uppon and against this your graces said Subiecte;) by godds greate goodnes and p[ro]vidence miraculouslye escaped; after whiche tyme the said Willm Barnes p[er]ceyvinge that suche his intente then by that his overt acte was made manifest and apparante to this your highnes said Subiecte; he the said Willm Barnes then and from thenceforthe; sought howe by some other p[er]son to contryve to burne the messuage or howse of your highnes said Subiecte in Egham aforesaid; and also to murther and kill this your highnes said Subiecte; or at the least to have one of the legges or one of the armes of this your highnes said subiecte to be cut of; and thereuppon the said Willm Barnes uppon the feast daye of the Circumsition of our Lord nowe last past or thereaboutes; fallinge acquainted with one Andrewe Gregorye a tall and lustye yonge man and one that had bene a souldiour; and seinge the said Andrewe to be then owte of service; and desirous to have a service; Whereuppon the said Willm Barnes then p[er]swadinge himself the said Andrewe to be a fitt p[er]son to serve his turne in suche his malicious and develisshe purposes; gave Countenance unto the said Andrewe; and after divers favours and frendshippes by him the said Barnes shewed and done unto and for the said Andrewe whereby (as he thought he had suerly bonnde the said Andrewe unto him; he the said Willm Barnes then brake his full and wholl mynde unto the said Andrewe; whiche was; that he would have him the said Andrewe to burne the foresaid howse of this your highnes said Subiecte; and to murther and kill this your highnes said Subiecte; or at the least to cut of a legg or an arme; of and from the boddye of this your highnes said Subiecte; whiche thinge if the same might have bene done and p[er]formed the said Willm Barnes assured him self that then this your Ma[jesties] said Subiecte could not have lyved; All whiche to doe and also to comytt divers and sondrye robberies and fellonyes the said Willm Barnes at divers and sondrye tymes sithence the said feast daye of the Circumcision of our Lorde nowe last past hathe Councelled and p[ro]cured by greate rewardes and p[ro]misses, the said Andrewe Gregorye to doe further layinge and devisinge and p[ro]misinge further to laye and devise plottes howe when and where he would have them done and p[er]formed; and for the better p[er]formynge thereof the said Willm Barnes delyv[er]ed unto the said Andrewe a sworde and one dagg or pistoll and one Cloke of the said Willm Barnes his owne goodes; And for that these factes lewde and malicious misdemeanors plottes p[ro]curementes and practises of the said Willm Barnes (althoughe by the greate mercye and goodnes of god p[re]ventinge the same hathe not as yet taken anye other effecte) yet for that the same doe not only tende and bee to the greate displeasure of almightie god; and to the indanngeringe of this your graces said Subiecte in his lief and possessions; but also would be danngerous to be suffered in this your highnes Realme in any p[er]son whatsoev[er]; and muche more danngerous in a p[er]son of that p[ro]fession and place as the said Willm Barnes is of; and further would tende and bee to the greate encouragement and ensample of suche like lewde malicious and evill disposed p[er]sons to Comytt the like offences if the same should escape unpunished in the said Willm Barnes; In Considderacon whereof maye yt please your most excellent Ma[jestie] of your accostomed goodnes; to grannte unto this your highnes said Subiecte; that your Ma[jesties] most gracious writt of Subpena maye be awarded and directed unto the said Willm Barnes thereby Commandinge him at a certeyne daye and under a certeyne payne therein and thereby to be lymytted and appointed p[er]sonally to appeare before your highnes in your Ma[jesties] highe and honorable Courte of Starre Chamber; and then and there beinge to annswere unto the p[re]misses; and further to stande to and abide suche order and ende therein as to your highnes most honorable Councell shalbe thought and adiudged fitt and Convenient eyther accordinge to your Ma[jesties] lawes and Statutes of this Realme; or otherwise [a]ccordinge to their honorable discretions and wisdomes; and this your Ma[jesties] said Subiecte shall accordinge to his most bounden duetye dayly praye for your highnes lo[ng] to Raigne over us in all prosperitie and happines/

Wm Bolton

Demurrer of Willm Barnes:

Vener 6 Maij Anno 39 Elizabeth R[egi]ne Willm Mill

The Demurer of Willm Barnes deff to the bill of Complainte of Edward Owen compl.

The said deffendt sayeth that the said bill of complainte exhibited againest him into this honorable Courte is p[re]ferred onelie of malice to put him this deffendt to willfull costes & expences in the lawe & not for any iust cause of Complainte, w[hi]ch the plt hath againest him, And further saieth that the same is in the most matteriall pointes thereof unc[er]teine & insufficient in the lawe to be answerred unto for div[er]se, and sundrie imp[er]feccons in the same manifestlie appearinge. For w[hi]ch faultes & imp[er]feccons of the said bill this deffendt demurreth in lawe uppon the same & for causes of Demurrer sheweth theis reasons followinge, viz, For that by the plts owne sheweinge in his said bill of complainte, yt is alleadged, that in September laste paste, the pl & the deff mette both alone, w[i]thout anie man in eyther of their Companie, And that then & there the said deffendt sette uppon the Complt & assualted & hurted him, w[hi]ch if it weare true as yt is not, yet this deffendt thinketh that the same is not a matter examinable in this honorable Courte, the same beinge but a bare assault & ffraie made by one man uppon one other, w[i]thout any Riotte, unlawfull assemblie, or lyeinge in Ambush. For w[hi]ch assault & affraie (yf anie weare Comitted) the Complt might have his accon of assault & battery at the Comon Lawe againest the deffendt, And yt is shewed in the bill that the deffendt meant & intended to burne the plts house,or to have the plt dismembred, And that the deffendt practised in that behalf w[i]th one Andrew Gregorie, And doth not shewe that any hurte or acte did thereby ensue, w[hi]ch meaninge & intencon to doe a thinge, and noe acte thereof followinge is not a matter examinable in this honorable Courte as this deffendt thinketh, For w[hi]ch causes & imp[er]feccons of the said bill of complainte, The deffendt demandeth the iudgement of this honorable honorable courte, wheather he shalbe ordered to make answeare to the same, And praieth to be hence dismissed w[i]th his Costes & Chardges herein most wrongefullie susteyned./