STAC 5/R35/7

Court of Star Chamber:

Roger Raw, Governor & Assistants, Wardens & Fellowship of Merchant Adventurers of Newcastle upon Tyne v Amor Oxley, Thomas Warner, Cuthbert Ogle & Henry Blacklock of Morpeth

Transcript: Dave King - see also STAC 5/N4/15 for related Interrogatories & Depositions.

Bill of Complaint:

dated on reverse:

Lune Quinto February Anno xxxv Elizabeth Regine

Willm Mill

To our sov[er]eigne Ladie the Quenes moste excellente Ma[jestie]

Humblye complayninge shewe unto your Highnes your Ma[jesties] humble suplianntes Roger Raw, Governour, the Assistantes wardenes, and Fellowshippe of M[er]channte adventurers dwellinge w[i]thin the Town and Countie of the Towne of Newcastle uppon Tyne. That Whereas at the Parliamente holden at Westminster the 2 monday after the feast of St Mathie in the seaven and twentith yeare of the Reigne of your highnes moste noble p[ro]genitor Kinge Edward the thirde yt was enacted that all m[er]channtes aswell Alienes as denizens, might buye woolls lether woollfells, and leade throughe all the Realme and Landes of Englande w[i]thout Coven or collusion to abate the price of the said marchandizes, so allwaies that they broughte the same to the staples. And by the saide Acte yt is furth[er] enacted, that all the thinges in the saide Statute shoulde be firmlye kepte and holden in all pointes Notw[i]thstandinge anie frannchise, Custome Pryviledge exemption Judgemente, or other granntes made to anie Cyties boroughes, Townes, Com...alties, people of the Cinque portes, and other portes, or anie other singular persons, as by the saide Statute amonges other thinges theirin conteyned more plainlie appearethe. And whereas allso in the fowrthe yeare of the Raigne of Kinge Edwarde the fowrthe your Ma[jesties] like noble p[ro]genitor yt was allso enacted that no p[er]son shoulde shippe or cause to be shipped at the Porte of Newcastle upon Tyne aforesaide anye woolls or woollfells, morlinge or shorlinge of the growinge of anie Countie or Cuntrye other then of the growinge of the Cuntries betwixte the Ryvers of Teese and Tweede, ... of the Countries of Northumb[e]rlande Cumb[e]rlande, Westm[or]lande Richmondshire, Northallertonshire, and the Bishopricke of Durham, And that if anie p[er]son shoulde shippe or cause to be shipped at the saide Towne or Porte anie Woolls or Woollfells morlinge or shorlinge of the growinge of anie Countie or Cuntrye other then the saide Cuntreyes betwixte the saide Ryvers or of the saide Counties of Northumb[e]rlande Cumb[e]rlande Westm[or]lande Richmondhsire Northallertonshire or of the said bishoppricke of Durham to be caryed to anie place beyonde the sea other then the staple of Caleis shoulde forfeite the double valewe of the saide woolls and woollfells so shipped and not growinge betwixte the saide Rivers nor in none of the saide Counties of Northumb[e]rlande, Cumb[e]rlande, Westm[or]lande, Richmondshire Northallertonshire or in the saide Bishopricke of Durham wheirof the Kinges Ma[jestie] shoulde have the one halfe, and he that wolde sue in that behalfe the other halfe as by the saide Acte more plainlie dothe appeare By vertewe of w[hi]ch statute your said Suppl[iants] and their predecessors, w[hi]ch before that tyme did usually shippe at the saide Porte all mann[er] of woolls and woollfells whatsoev[er] w[i]thoute anie mann[er] of exception, were and yet are restrayned from shippinge anie other then suche as are of the growinge of the saied Counties of Northumb[e]rlande Cumb[e]rlande Westm[or]lande or of the Liberties of Northallerton and Richmonde or of the saide Bishoppricke of Durham. And wheiras our late sov[er]eagne Lorde of famous memorie Kinge Edwarde the sixte your Ma[jesties] moste deare brother consideringe howe your highnes suppl[iants] by the saide statute were greatlie restreinid of their form[er] Libertie in buyinge and transportinge woolls and woolfells by his Highnes l[etters] Patentes under the greate seale of Englande dated at Westm[inster] the friste daye of September in the firste yeare of his Reigne of his highnes especiall grace certaine knowledge and meere motion amonges other thinges did gyve and grannte unto your saide supplianntes by the name of the Governor assistents, wardeins and Fellowshippe of M[er]channtes adventurers inhabitinge w[i]thin the Towne and Countie of Newcastle upon Tine, and their successors. That they the saide Governour assistentes wardeines and Fellowshippe of M[er]channte Adventurers and ev[er]ie of them w[hi]ch then were, or theirafter shoulde be of the saide Fellowshippe, from tyme to tyme, all and ev[er]ie the woolls and woollfells of the growthe of the saide Counties of Northumb[e]rlande Cumb[e]rlande Westm[or]lande, and the Bishopricke of Durham, and allso of the Lo[rdships] of Northallerton and Richmonde, or of anie of them mighte buye and p[ro]vide, and the same woolls and woollfells to shippe or cause to be shipped in anie Shipps or Vessells whatsoev[er] at the saide Porte of the saide Towne of Newcastle upon Tine, at all tymes of the yeare; when they shoulde thinke meate and conveniente at their pleasure, and the same to transporte and carie or cause to be transported and caried into anie place or places beyond the seas whatsoev[er] w[i]thoute Impeachm[en]te impedim[en]te or p[er]turbannce of his Ma[jestie] his heirs and successors or anie his officers or ministers, or of anie other p[er]son or p[er]sons whatsoev[er], (The woolls and woollfells of the growthe of the Countie of Northumb[e]rlande assigned unto the Towne of Barwicke onelye excepted) as by the saide L[etters] patentes redie to this hono[rable] Courte to be shewed more at large appearethe. wh[i]ch saide L[etters] Patentes and grannte made unto your saide suppl[iantes. And all and ev[er]ye matter and thinge in the same Conteyned not onelye our late sov[er]eigne Ladie Quene Marie your Ma[jesties] sister by her highenes L[etters] patentes under the greate seale of England bearinge date at Westm[inster] aforesaide the fiftenthe daye of November in the firste yeare of her Raigne, But allso your Ma[jestie] by your highnes sev[er]all L[etters] patentes the one bearinge date at Westminst[er] aforesaide the tenthe daye of Maye in the firste yeare of your highenes Reigne, And the other at Westminst[er] the sixtenthe daye of December in the thirde yeare of your highenes Raigne by p[re]cise and expresse termes, of your highenes like especiall grace. certaine knowledge and meer motion did ratifie approve, confirme, and allowe unto your saide supp[liantes] as by the saide sev[er]all L[etters] patentes, redie allso to be shewed unto this hono[rable] Courte more at large appearethe. By vertewe of w[hi]ch firste above Recited statute and sev[er]all L[etters] patentes aforesaide, your saide suppl[iantes] and their p[re]decessors have ev[er] sythence till nowe of late quietlie & peaceablye used and enioyed the saide libertie of buyinge and p[ro]vidinge the saide woolls and woollfells w[i]thin the saide Counties of Northumb[e]rlande Cumb[e]rlande Westm[or]lande the Bishopricke of Durham and the Lordshipps of Northallerton and Richmonde accordinge to the tenor trewe purporte and meaninge of the saide firste above recited statute and the sev[er]all L[etters] patentes aforesaide; But nowe so yt ys moste dread sov[er]eigne Ladie, that one George Stille then and as yet beinge one of the wardeines of the saide Fellowshippe of Marchannte Adventurers inhabitinge w[i]thin your Ma[jesties] saide Towne and Countie of Newcastle upon Tine, in and upon the Fyve and Twentith daye of Marche laste paste, at Morpethe in your Ma[jesties] saide Countie of Northumb[e]rlande havinge then and their boughte of one James Richisonne one woollfell or shepeskinne of the valewe of two shillinges beinge of the growthe of the saide Countie of Northumb[e]rlande, w[hi]ch was not assigned unto the saide Towne of Barwicke) as lawfull was for him to do, and intendinge to have boughte dyvers other woollfells or shepe skinnes of the same growthe to the valewe of Fowrtie poundes, and to have broughte the same, w[i]th the saide woollfell or shepe skinne w[hi]ch he then boughte of the saide James Richisonne as aforesaide unto the saide Towne of Newcastle then and as yet beinge an anciente Towne of the staple, then and their rioutouslie, routouslie, and in most violente mann[er] came Amor Oxleye, Thomas Warrn[er], Cuthb[er]te Ogle, and Henrye Blacklocke of Morpethe aforesaid yeoman being accompanied w[i]th dyvers other to the number of Twentie p[er]sons to your suppliantes unknowen, and beinge armed w[i]th Bills, spears, swordes, daggers, staves and other weapons aswell invasive as defensive and not weighinge nor respectinge your Ma[jesties] good and wholesome lawes and statutes made and p[ro]vided in that behalf for suche like offenders nether regardinge the Contentes of your Ma[jesties] and your noble p[ro]genitors aforesaide sev[er]all Actes of Parliam[entes] and L[etters] patents to them then and their notified and declared, in and upon the saide George Still beinge in godds and your Ma[jesties] peace, did then and their make a greate and heinous assalte and affraye, and beinge of armed and arayed w[i]th force and armes did then and their take from him the saide woollfell or shepe skinne by him lawfully boughte as aforesaid, and wolde not p[er]mitte him then and their to buye anie more woollfells or shepeskinnes accordinge to his Intencon aforesaide, but then and their w[i]th force and violence, and not w[i]thoute extreme dannger of his life did hurte and evill intreate him the saide George Still and then and their did imprison, and comitte unto the tolle boothe (beinge the common Gaole of the saide towne of Morpethe) not onelye the saide George Still but allso one George Liddell one other wardeine of the saide Fellowshippe of M[er]chante adventurers aforesaide beinge then in the Companie of the saide George Still who likewise came thither w[i]th Intencon allso to have boughte dyverse other woollfells and shepe skinnes to the valewe of twentie poundes and to have broughte the same to the saide Towne of Newcastle, and their w[i]th all in moste outragious termes did threaten the saide Richison that they wolde likewise imprison him and banishe him the Markette of Morpethe aforesaide if ev[er] after that tyme he solde anie woollfells or skinnes unto anie of your saide supp[liants] in contempte of your Ma[jesties] lawes statutes and p[re]rogatives, and contrarie to the true meaninge of the first above recyted Statute and of your Ma[jesties] and your said noble p[ro]genitors sev[er]all L[etters] patents to your saide suppl[iantes] made and granted in that behalf as aforesaide and contrarie to your peace, and in greate disturbance theirof, and to the great encouraginge of like lewde disposed p[er]sons The p[re]misses theirfore considered and forasmuche as the whole state of your Ma[jesties] saide Towne of Newcastle is and hathe bene an annciente staple towne as aforesaide consistinge onelye upon the trade of marchandise and especiallye in shippinge and transportinge suche woolls and woollfells, And forasmuche as your saide suppl[iantes] are not able to use and exercise theire saide trade of marchandise to the greate decaye not onely ... your Ma[jesties] Revenewe due unto your highnes for Custome and subsidie of the same woolls woollfells and shepeskinnes but allso to the utter impov[er]ishinge and decaye of your Ma[jesties] saide Towne of Newcastle beinge a porte and a haven Towne verie necessarie to be mainteined and of the Countries nexte adioynynge ... yf they maye not freelye accordinge to the purporte and trewe meaninge of the saide firste above recited Statute and the sev[er]all L[etters] patents aforesaide have and inioye the foresaide libertie of buyinge and p[ro]vidinge the saide woolls and woollfells of the growthe of the Counties aforesaide to them grannted confirmed and allowed by the saide Statute and the foresaide sev[er]all L[etters] patentes as aforesaide. And forasmuche as suche Contemptes outragious attemptes and speciallye in theise uttermoste p[ar]tes of your Ma[jesties] Realme yf they shoulde passe unpunished were p[er]ilous, and mighte encourage others evill disposed p[er]sons to offende in the like. And forasmuche as the same is in no place so fitlye and condignelie to be punished as in this honorable Courte. Maye yt theirfore please your highenes to grannte unto your saide suppl[iantes], your Ma[jesties] moste gracious p[ro]ces of Subpena to be directed unto the saide Amor Oxleye, Thomas Warner, Cuthb[er]te Ogle, and Henrie Blacklocke, comanndinge them and ev[er]ie of them at a certaine daye, and under a certaine paine theirin to be lymitted p[er]sonallie to appeare before your highenes and Councell [in] your Ma[jesties] courte of the starre Chamber then and their to answere the p[re]misses, and further to abide suche order and Judgm[ent] as to your highenes and saide Councell shalbe thoughte meete. And your saide suppl[iantes] accordinge to their bounden duties shall Continuallye praye for your highnes moste happie and p[ro]sp[er]ous Raigne longe to continue w[i]th Increase of all Felycitie./

E... Coke

J... 4 April Ao xxxv Eliz Regine Willm Mill

The joynt & seav[er]all Answeres of Amor Oxley & Henry Blacklock two of the defts to the bill of Complaint of Roger Rawe Gov[er]nor & thassistants wardens & fellowship of m[er]chant adventur[er]s of the Towne of Newcastle upon Tyne Complts

The said defts by p[ro]testacon not acknowledging or confessing the said bill of Complaint or anie matter or thing therein conteined to be true (other then suche and that in suche sorte mann[er] & forme as herein is set forth & declared) But that the same is altogether devised & ymagyned by the said Complts of purpose onely to put these defts to wrongfull suits vexacon costes & charges in the Lawe without anie iust occasion or good grounde of suit: nev[er]theles if by thorder of this most ho[norable] Co[ur]te they shalbe compelled to Answere thereunto, then thadvantage & benefit of excepcon to thinc[er]tenty & insuffiency thereof nowe & at all times hereafter to these defts saved, For Answere they & either of them saie, that they or either of them are nott gilty of anie the Riots Routs & other misdemeanors mentioned in the said bill of Complaint in such mann[er] & forme as in the said bill of Complaint is exp[re]ssed, and yet for a more plaine declaracon of the trueth toucheinge such matters as concerne them & wherew[i]th they are charged they saie, & either of them for himself sayeth, that the Towne called Morpeth in the County of Northumb[er]land in the bill of Complaint menconed, is an anncient Borough Towne from time wherof no memory of man is to the contrary & there is & hath bin an anncyent laudable custome, as the saide defts have heard & beleve to be true; that no p[er]son or p[er]sons shall buy or sell w[i]thin the said towne or borrough by retaile any wolfell shepskin or shepskins unles he or they be a m[er]chant of the same Towne or a glov[er] using the Trade of cutting of skins. And they say further that thusage w[i]thin the said Towne is & hath bin from time wherof no memory of man is to the contrary, as they have heard, that the S[er]ieant at the mace of the same Towne or other offic[er] of the said Towne hath used to seize as forfet all such wolfels & shepskins bought or sould w[i]thin the said Towne by anie Forrein[er] by retaile contrary to the said custome, And these defts doe further saye, that the said George Still in the bill of Complaint named in or about the xxvth daie of m[ar]che in the bill menconed at Morpeth aforesaid in her Ma[jesties] County of Northumb[er]land did buy one wolfell or shepskin of the value of ijs of one James Richison in the said Towne contrary to their said custome, as these defts were informed, and that notice being given therof to the Bailliffs of the said Towne they or one of them did comand the said Cutbt Ogle one of the defts named in the bill of Complaint being then s[er]ieant at the Mace in the same Towne to seize the same wolfell or shepskin beought by the said George Still contrary to the custome aforesaid by force wherof the said Cutbt Ogle in peacable mann[er] in her Ma[jesties] name & in the name of the lord of the said mannor or Towne did arrest & seize the same wolfell or shepskin & take it into his poss[essi]on & after carried it into their Townehouse comonly called the Toll Booth as in such cases before was used, as lawfull was for him to do, as these defts do verily think, And forasmuch as these defts w[i]th the rest were desirous & carefull as much as in them did lye, that no contencon or variance might in any wise arrise & growe betwene them & the said George Still for or conc[er]ning the seazure of the said wolfell or shepskin as aforesaid, therefore these defts accompanied the said George Still & George Lyddell to the dwelling house of the said Thomas Warn[er] one of the said defts, to thend & purpose that a frendly conference & agream[en]t might there be had & made betwene them for the same; and towching the right of their priviledge where after a frendly conference had betwene these defts & the rest of the said defts & others on their p[ar]t, and the said George Still & George Liddell on thother p[ar]te, they tould these defts that they came thither by & w[i]th the consent & at the request of the chefest Inhabitantes of the Towne of Newcastle where they did dwell To thintent to knowe whither that they might be suffred to buy any wolfels or shepskins w[i]thin the said Towne of Morpethe And for that they p[er]ceaved that they could not be p[er]mitted so to do, they semed to be satisfied for that matter in the iudgment of these defts as they think And at the same time of their meeting & conference these & the residue of the said defts & their frendes did bestowe xs at the least upon a dynn[er] & wyne w[hi]ch they then gave unto the said Still & Lyddell & the rest of their company & frends, whereof they did well accept, where upon the said Still & Lyddell dep[ar]ted in most frendly mann[er] from these defts & the residue of the said defts And about a fortnight then next ensuing the said Amor Oxley one of these defts having occasion by reason of buisines to be in Newcastle where the said Still & Lyddell meting w[i]th him & remembring the late curtesy w[hi]ch was shewed to them by this deft & the residue of their frends in Morpeth as aforesaid, in requitall therof the said Still together w[i]th the said Liddell intreated this said Deft to be pleased to goe w[i]th them to the dwelling house of the said Liddell, w[hi]ch he did accordingly and thear he had very frendly entertainm[en]t & good cheare; thinking & assuringe himself that aswell the said Complts as the said George Still had bin satisfied w[i]th the form[er] p[ro]ceadinges of these defts for the maintenance & p[re]s[er]vacon of their priviledges & customes as is above declared, w[hi]ch is all the Riott Rowt or other offence that these defts or either of them did commit in or conc[er]ning the p[re]misses to their remembrannce; w[i]thout that that in & upon the said xxvth day of Marche at Morpeth in her Ma[jesties] said County of Northumb[er]land the said George Still havinge then & there bought of one James Richison One wolfell or shepskin of the value of ijs being of the groweth of the said County of Northumb[er]land (w[hi]ch was nott assigned unto the said Towne of Barwick) the said Amor Oxley Thomas Warner Cutbert Ogle & Henrye Blacklock accompanie w[i]th div[er]s others being armed w[i]th bills speares swordes daggers staves & other weapons aswell invasive as defensive did Riotously Routously & forcibly make any suche great & heynous assaulte & affray as in the said bill of Complaint is verye falsly & sclannderously alledged, Or beinge soe armed & arrayed withe force & armes did then & there take from him the said wolfell or shepeskyn in such violent sorte mann[er] & forme as in the said bill of Complaint is very untruely alledged Or that they would not p[er]mit him then & there to buy any more woolfels or shepeskins, For to these defts knowledge there was noe more woolfels or shepeskyns there then to be sould as they think, Or that these defts then & there w[i]th force & violence did hurte & evill intreate him the said George Still. Or then & there did imprison & Commit unto the Toll Booth being the common Gaole of the said Towne of Morpethe nott onely the said George Still, but also one George Lyddell in the said bill of Complaint named, beinge then in company withe the saide George Still, Or that these defts or either of them used outragious termes & threatninges against the said Richison that they would likewise imprison him & banishe him the market of Morpethe aforesaid, if ever after that time he sould any woolfels or shepeskins unto the said Complaynantes as in the said bill of Complaynt is moste untrewly alledged, And w[i]thout that that any other matter or thinge conteined in the said bill of Complaint conc[er]ninge these defendanntes or either of them materiall or effectuall in Lawe to be Answered unto and herein not sufficientlye Answered confessed & avoyded trav[er]sed or denyed is true, All w[hi]ch matters these said defendanntes & either of them are & wilbe ready to averre & prove as this moste hon[or]able Co[u]rt shall award And humbly praye to be dismissed out of the same withe their reazonable costes & charges in this behalf moste wrongefullye susteyned,

Fuller read