STAC 5/O8/47

From Waalt

Court of Star Chamber:

John Oxley v Thomas Whitley and Raphe Clayton

Transcript: Dave King

Bill of complaint of John Oxley:

To the Queenes most excellent Ma[jes]tie

most humble Wise Complayninge sheweth unto Your most excellent Ma[jes]tie yo[u]r loyall and obedyent Subiecte John Oxley of lyttle Bretton in the County of Yorke yeoman; That whereas for the avoydinge of oppressyon and iniustice yt is provyded by the lawes of this yo[u]r highnes Realme, that no unlawfull mantenance be used by any p[er]son, and great paynes be by the same lawes inlycted uppon such offenders. Nev[er]theles so yt is may yt please your gracyous ma[jes]tie, that one Thomas Whitley of Clayton in the said County of Yorke yeoman, not regardingeyour ma[jes]ties lawes, But in apparant contempte of the same pretendinge tytle to dyvers lands and heredytaments lyinge in Clayton in the said Countye and in the occupacon of your said subiecte as fermor therof unto one Mathewe Wentworthe Esquier, dyd the Fowre and twentyth daye of August in the three and thirtyth yeare of yo[u]r highnes Reigne demise and to ferme lett unto Raphe Clayton of Bagden in the sayd Countye Yeoman, all that p[ar]cell of land lyinge in the Holte leas w[i]thin Clayton aforesaid in the tenure and occupacon of the sayd John Oxley or his assignees. To have and to holde the same unto the said Raphe Clayton his executors administrators and assignees from the feaste of Pentecost then last past untill the full end and terme of three yeares or for some other or longer terme; which saide p[ar]cell of land ys the undoubted Inherytance of the said Mathewe Wentworth. And the said Thomas Whitley or his anncesters, or he or they by whome the sayd Thomas Claymeth the same, hath not bene in possessyon of the same, nor of the Revercon or Remaynder therof, nor hath taken the Rents or Profittes therof by the space of one Whole yeare next before his makinge of the foresaid lease to the said Raphe Clayton. And the said Raphe Clayton knowinge the same to be soe hath notw[i]thstanding taken the said lease and hath putt the same in sute at the Common lawe againste your said subiecte contrarye to the forme and effecte of the statute made in the two and thirtyth yeare of the Reigne of the late Kinge of famous memorye Kinge Henry the Eighte Father unto your Ma[jes]tie And your highnes said Subiecte will averre and prove that the said lands so by the said Thomas Whitley demysed to the said Raphe Clayton be worth Fortye poundes. wherefore your highnes said subiecte most humbly prayeth that the said Thomas Whitley and Raphe Clayton maye eyther of them forfett for the said offence the value of the said landes; and that your highnes may have the one halfe of the said forfettures, and your highnes said subiecte the other half therof, accordinge to the forme and effecte of the said Statute. And in Consideracon therof yt would please your gracyous ma[jes]tie to grannt unto your said subiecte your ma[jes]ties most gracyous Wrytte of Subpena to be directed to the saide Thomas Whitley and Raphe Clayton Commaundinge them and eyther of them at a certeyne daye and under a certeyne paine p[er]sonallye to appeare before your maiesties most honorable pryvye Connsell in your highnes Courte of Starre Chamber, then and there to answere unto the premysses, and to be examyned uppon certeyne Interrogatoryes on your said Subiectes behalf towchinge the p[re]misses to be mynistred. And to abyde suche further order and directyon therin as to yo[u]r highnes Connsell of your said Courte shalbe thought most fytte and convenyente And yo[u]r said subiecte shall (as he ys most bounde) dayly pray unto allmightye god for the prosperous estate of yo[u]r Royall Ma[jes]tye in healthe and felycitye long to lyve and Reigne over us

W: Ellis.

[Answer of Raphe Clayton of Bagden yeoman - yet to be transcribed]