STAC 5/P3/38

Court of Star Chamber:

Edwarde Phytton esquier sonne & heire apparant to Sir Edwarde Phitton of Goseworthe, Cheshire v Owen Ogle, Osewolde Ogle, Thomas Harbottle, Henrye Harbottle, Nycholas Harbottle the younger Thomas Harbottle and Arthure Bell alias Arche Bell

Transcript: Dave King

Bill of Complaint:

dated on reverse: 20 April Ao 34 Elizabeth Regine Willm Mill

To the Queenes most excellent Ma[jestie]./.

In most humble wyse complayninge sheweth unto your Moste excellent Ma[jestie] your loyall Subiecte Edwarde Phytton esquier sonne & heire apparant to Sir Edwarde Phitton of Goseworthe w[i]thin your highenes Countie of Chester knight,

That wheras the said Sir Edward Phitton knight your said subiectes father was Lawfully seised in his demesne as of Fee or Fee tayle, of and in certen Landes and Ten[emen]ts scituat lyinge and beinge in Horton and Sticklowe in the Countie of Northumberlande, And so beinge therof seised in Consideracon of and for your Suplyantes better mayntenance beinge his sonne and heire apparant as aforesaid by good and sufficyent conveyance in the Lawe dyd assure the same aforesaid p[re]mysses unto your said Subiecte and his heires in fee or Fee tayle, By force wherof your said supplyant was therof Lawfully seised in his demesne as of Fee or feetayle untill nowe of Late,

So yt ys yf yt may please your Ma[jestie] that one Owen Ogle, Osewolde Ogle, Thomas Harbottle, Henrye Harbottle, Nicholas Harbottle the younger Thomas Harbottle and Arthure Bell w[i]th dyvers others to the n[u]mber of Twentie p[er]sons or theraboutes, whose names to your said Subiecte are as yet unknowen in most Ryotous Rowtous and unlawfull maner in or aboute the [blank] daye of Januarye Last past in the xxxiiijth yere of your gracyous Raigne dyd assemble themselves together beinge then armed and Arrayed w[i]th longe gunes dagges pystolls steele cappes, swordes, daggers, Lannce staves and w[i]th suche other kynde of warlike weapons aswell invasive as defensyve and there in suche Ryotous and Rowtous man[er] contynued by the space of Sixe howres at the least to the great Terror and disquiet not onelie of your said subiectes s[er]vantes and Farmors as were in quyet and peaceble possession of the same, but also of other inhabytantes theraboutes and suche stranngers as then traveyled by the highe waye syde aboute their Lawfull affayres and busynes,

And the foresaid p[er]sons beinge so armed and arrayed as aforesaid dyd then and there in moste Ryotous, Rowtous and unlaawfull maner manace and threaten your said subiectes s[er]vantes and Fermors w[i]th many bytter and spytefull woordes & termes, together w[i]th dyv[er]s and sundrye p[ro]testacons vowes & oathes that before your said subiectes Servantes & fermors shulde enioy the same Landes to your Subiecte conveyed as aforesaid they the foresaid Ryotors dyd geve further that they wolde rather loose there lyves then be stayed from their unlawfull p[ro]ceedinges therin./

In tender consideracon and due regard wherof and forasmuche as Ryottes Rowtes unlawfull assemblies and other the mysdemenors aforesaid are meerelye repugnant to your Ma[jesties] Lawes and Statutes in suche cases made and p[ro]vyded, w[hi]ch yf they shulde be lefte unpunyshed wolde be an encouragem[en]t to others of like bad dysposicon in those p[ar]tes to comytt other the like outrages./ May yt therfore please your most excellent Ma[jestie] to grannt to your said subiecte your highnes most gracyous wrytt of Subpena to be directed to the said Owen Ogle, Osewolde Ogle, Thomas Harbottle, Henrye Harbottle, Nycholas Harbottle the younger Thomas Harbottle and Arthure Bell alias Arche Bell comanndinge them and ev[er]y of them therby at a certeyne daye and under a certen payne therin to be lymyted p[er]sonally to appere before your Ma[jestie] in your highnes Courte of Star chamber then and there to Awnswere unto the p[re]misses, and further to stande to and abyde suche order therin as to your Ma[jestie] shall seeme to stande w[i]th equytie and good conscience, And your said subiecte accordinge to his bounden dutie shall daylie pray for your Ma[jesties] longe and most happie raigne./

p[er] Jo: Barnewall

Answer of Ewen [Owen] Ogle:

... Ao34 Elizabeth regine Willm Mill

The sev[er]all Annsweare of Ewen Ogle gent one of the defendantes to the Bill of Complainte of Edward Phitton esquier complaynante

The said defendante for annsweare saiethe that the said bill of Complaint againste him exhibited into this honorable Courte is veary inc[er]teine imp[er]fecte and insufficiente in the Lawe to be annsweared unto and that the materiall matters therin contained are for the moste p[ar]te faulse and untrewe devised ymagined and invented rather to vex trouble and molest him this defendant and to put him to wrongefull and uniuste costes charges and expenss in the Lawe then preferred or p[ro]secuted of or upon any good ground or sufficient cause of suit at all to maintaine the same nev[er]theles if this defendant shall by the order of this honorable Courte be enforced to make any further or other annsweare to the said bill of Complaint and the untrewe surmises therein contained Then all and all mann[er] of advantages and causes of excepcon to the inc[er]tenties ...eties and imp[er]fections of the said bill of Complainte to this defendant now and at all tymes hereafter saved, For annsweare and plaine declaracon of trewthe touching the matters of the same bill conc[er]ning him this defendant examynable in this honorable Courte and matt[er]iall or effectuall by him to be Annsweared unto he saieth

That it is veary trew that the said Sir Edwarde Phitton knight in the said bill of Complaint menconed being Lawfully seised in his demeasne as of fee or feetaile as this defendant vearely thinketh of and in c[er]tenne Landes and tenementes lying and being in Horton in the bill menconed, in the said county of Northumberland; did by his dede indented bearing date aboute October in the twoe and twentieth yeare of the quenes maiesties Raigne that now is, devyse grannt and to fearme lett unto one Raffe Harebottell his executors and assignes among other thinges, a c[er]taine fearme or tenement lying and being in Horton aforesaid and div[er]s acres of Lande meadow and pasture therunto belonging, To have and to holde the same among other thinges unto the said Raffe Harebottle his executors and assignes from a c[er]teine day in the saide dede indented menconed and expressed unto the full ende and tearme of one and twenty yeares then next and ymediatly following fully to be complete and ended at a c[er]teine yearely rent in the saide dede indented res...ed menconed and expressed

By force and vertue of w[hi]ch said dede indented he the said Raffe Harebottle into the said fearme or tenement and p[re]misses entered and was thereof Lawfully possessed accordingly, and quietly and peaceably used occupied and enioyed the same and toke the yssues and p[ro]ffittes thereof for and during the space of aboute five yeares w[i]thout any lett trouble or int[er]rupcon

And the said Raffe Harebottle so beinge of the said fearme or tenement and premisses possessed afterwardes did so convey assure or devise the same premisses, as that the said tearme and int[er]est of the said Raffe Harebottle in and to the same after his decease should and ought to come remayne and be unto Elizabeth his wief; and w[i]thin shorte space after the said Raffe Harebottle died,

After whose deathe the said fearme or tenement and p[re]misses by meane or reason of the conveyance assurance or devyse above menconed came and did rightfully belong as this defendant hopeth to p[ro]ve to the said Elizabeth and she by vertue thereof was of the same premisses Lawfully possessed accordingly: And she the said Elizabeth being of the said premisses so possessed as aforesaid, afterwardes did ent[er]mary and take to husband him this defendante, wherupon they as in the right of the said Elizabeth weare Lawfully possessed of the same premisses and enioyed the same and toke the p[ro]ffittes thereof for the space of one whole yeare accordingly And afterwardes he this defendant and the said Elizabeth his wief did grannt convey or assure the said fearme or tenement and p[re]misses to Thomas Harebottle one of the defendantes in the said bill menconed for the tearme of three yeares p[ar]cell whereof ys yet induringe, who by vertue thereof therunto entered and was thereof possessed accordingly.

Sithence w[hi]ch tyme one Randoll Phenix pretending some cullorable title or int[er]es[t] in and to the foresaid premisses by reason of some ...amed conveyance or assurance as this defendant hath harde from the said Edward Phitton the compleynant, or Sir Edward Phitton his father, aboute January in the said bill of Complaint menconed, there came to the house of the said fearme or tenement div[er]s and sundry p[er]sons as this defendant hopeth to p[ro]ve to the nombre of aboute six or seaven by the appointement or on the behaulf of the said Complaynant, Sir Edward Phitton and Randoll Phenix or one of them to thintent as this defendant was enformed to take the possession of the saide fearme or tenement and premisses from this defendant and the said Thomas Harebottle or one of them;

Att what tyme he this defendant and the said Oswolde Ogle in the bill menconed this defendantes father being p[rese]nte at or neare the said house he this defendant did indede at such tyme as one of the said p[er]sons came to enter into the said house by a doare thereof go betwene him and the said dore and did kepe him fourthe from the possession of the said house and entering therinto and would not suffer him to p[er]forme the same

And at the same tyme there weare also present the said Thomas Harebottle Henry Harebottle Nicholas Harebottle and Arthur Bell in the said bill menconed in the right and behaulf of the said Thomas Harebottle to thintent to maintaine the saide possession having be[e]n so long contynued in this defendant his wief and the said Raffe Harebottle her former husband as he hopeth was Lawfull for them to do.

At what tyme the said p[er]sons so comyng thither to take the possession of the said premisses seing this defendant and his said father and the rest of the said p[er]sons before named there p[rese]nte and this defendant standing at the dore of the said house and not suffering them to enter and take possession as is aforesaid quietly dep[ar]ted and went there way w[i]thout p[ro]ffering to do any more touching the taking of the possession or entering into the said house.

But this defendant denieth that at that tyme there was any weapon at all drawen nor any violence p[ro]ffered by this defendant or any of his said company to the said p[er]sons above menconed or any of them; neither did this defendant and the said company after suche tyme as the said other company weare dep[ar]ted stay or remayne at the same house to his now remembrance above the space of one hower at the most and that quietly and peaceably w[i]thout offering any vyolence w[i]thout that any other thing or matter clause or article in the said bill of Complaint contained conc[er]ning him this defendant examynable in this honorable courte and matteriall or effectuall by him to be annsweard unto and not herein either sufficently annsweard c[on]fessd and avoided traversd or denyed is trew All w[hi]ch matters this defendant is ready to averr and p[ro]ve as this honorable Court shall award and praieth to be dismissd out of the same court w[i]th his reasonable costes and expenses in this behaulf wrongfully sustained.

Jo Lancaster