STAC 5/S23/13
Court of Star Chamber:
Willm Strother of Kirke Newton, Northumberland v Robte Smelt of Richmond, Yorkshire, John Bulmer of Pinchinthorpe, Yorkshire, John Willson, John Jolye, Robt Browne, Christofer Thomson and Franncis Asheley et al
Transcript: Dave King (note - some gaps will be capable of resolution on reference to the original
Bill of Complaint:
date, 17 Eliz, tbc
To the Quenes most excellent Ma[jestie]
... [Hu]mble wise Complayninge sheweth unto your highenes your Ma[jesties] trewe and faithfull Subiecte and poore Suppliannt Willm Strother of Kirke Newton in the Countye of Northumberland Esquire That whereas one Xpofer Pikarde of [blank] in the Countye of Midd[lesex] was and yett ys lawfullye possessed of one lease for a greate numbre of yeares yett enduring and havinge Contineweannce of and in one ferme Comenly called or knowen by the name of Lockehowse scituate [and] [B]einge w[i]thin the p[ar]ishe of Gisburne in the Countye of Yorke. And the said Xpofer about the sevententh yeare of your Ma[jesties] most happie and prosperous Raigne so beinge of the saide ferme possessed and having then a disposicon to trav[el] and havinge layd out div[er]s and sundrye Somes of Mony to be repayed upon his returne from certen places beyonde the Seas and havinge a greate charge of small children For the educacon and upbringinge of whome sithence yt had pleas[ed] god [to ble]sse him w[i]th them he was verye carefull [as] naturall affection did move him And the said Christopher havinge an especiall trust and Confidence of the Creditt and good dealinge of one Robte Smelte of Richemond in the said Countye of [Yorke] ... an Attorney in the lawe and a man of greate Acquainttance and familiarity w[i]th the said Xpofer Pikard by reason that he the said Xpofer had retayned the said Robte Smelte to be towardes him in many his cawses and suits in the law ... Repaire unto the said Robte To knowe his advise and Councell what were the best for the saide Xpofer to doe therein for the mainttenance and sustentacon of his sayd poore children Whereupon and after some Conference had and made betwene the ... [X]pofer Pikarde and the said Robte Smelte the said Robte advised the said Xpofer for an apparannce or showe as yt were to make seale and deliv[er] unto him a deede in Writinge p[ur]portinge to clere and absolute bargaine sale assigne and ... over to the said Robte his executors administrators and Assignes of all that his sayd ferme of Lockehowse and all his right title interest and terme of yeares then to Come of in and to the same w[hi]ch said bargaine sale and A[ssig]nem[en]t the said Robte Smelt affirmed should be upon trust and Confidence onelie for and to the prop[er] and peculia use and behoof of the said Xpofer and his poore children A devise (sayd he) whereby whatsoev[er] troble should ... be Incident unto the said Xpofer by reason of anie supposed debts or pretence of titles in the premisses to be made the worst might be prevented and the said Smelt the better Aucthorized by lawe to entre into the ferme therof And the said ferme to rest and remaine of all encumbrannces discharged towardes the [?Support?] and sustentacon of the said Xpofer and his sayd poore and needy small children. To w[hi]ch his said Councell and devise the [said] Xpofer did then willingely yeilde his Consent And thereupon the said Robt Smelt did make or cawse to be made and Ingrossed one draught of a deede bearinge date the [blank] daye of [blank] in the said sevententh yeare [of] your Ma[jesties] said Raigne as your Ma[jesties] said Sub[ject] hath sundrye tymes heard the said Xpofer Pikard Credibly Reporte Purportinge that the said Xpofer had and did thereby clerely and Absolutely Bargaine sell assigne and sett ov[er] unto the s[aid] Robt Smelte his Executors administrators and Assignes his sayd ferme of Lockehowse and all his right Title Interest estat and Terme of yeares then to Come and unexpired of in and to the same To have holde and Inioye the sa[id] [ferme] in the said Robte Smelte his executors Administrators and Assignes in as large ample and beneficiall manner and forme to all Intents and p[ur]poses as the said Xpofer then had or ought for to [have] the same As in and ... the saide deed rem[ain]inge in the handes Custodye and possession of the said Robte Smelt or some other p[er]son or p[er]sons to whome he hath deliv[er]ed or cawsed or Assented the same to be deliv[er]ed amongest other thinges more at large yt doth and maye appeare T[o which] saide draught so made and Ingrossed the said Robte and Xpofer w[i]th both theire mutuall Consents and agreem[en]ts appointed one especiall day for thensealinge and deliv[er]ye of the same Against w[hi]ch daye the saide Robte havinge Invyted div[er]s of his ... ... dynner w[i]th him at his owne howse the said Xpofer Pikard thether also resorted And then and there in the p[resence] of the said Robte his neighbours beinge witnesses to the same the said Xpofer did seale and deliv[er] as his deede unto the saide ... the said deede of Bargaine sale and Assignem[en]t In Consideracon whereof (as yt shoulde seeme theire said p[ur]pose and devise restinge in secrecy onelie betwixt them two) the said Robt thenne and there and in the p[resence] and sight of the same witnesses ... ... and deliv[er] unto the said Xpofer the Sume of twentie poundes in golde A Sume indeede nothinge n... to the valewe or worth of the said Xpofers Interest and estate of and in the said ferme for in very trewth the said ferme ... and is [wor]th twentie poundes at the least by the yeare clerelie ov[er] and above the rent, payed by the said Xpofer and all other charges and reprises But the said Xpofer in respecte that the said Bargaine Sale and Assignm[en]t was ... effect ... ... sorte then was seccretly betwene him and the said Robte Smelt agreed on before and upon trust and Confidence as is before remembred seemes to be Content to accept of the same in full [?Contentment?] and satisfacon of his sayde Interest ... ... Howebeit estsones after when dynner was ended (the same beinge to him payed but ymediatly before dynner the same daye) the said Xpofer in the p[resence] of one Thome ... brother in lawe of the said Robt ... ... him the said Ro[bt] Smelt, he the said Robt then Acceptinge of the same and restinge clere in determinacon and Intent that the same bargaine saill and Assignem[en]t shoulde be clerely frustrated and voyde ... ... the ... of the said ... and ... in him reposed accordinge to theire saide former devise and Agreem[en]t And afterwards for the better ratificacon and mo[re] plaine demonstracon that the same theire devise was but upon trust and Confidence betwene the said Robt ... and Xpofer Pikard the said Robt did suffre the said Xpofer by himself and his Assignes the said premisses to occupie and Inioye and the issues and proffittes of the same Cominge groweinge arisinge and Reneweinge ... ... ... ... and peaceably to resceve p[er]ceive and take to his and theire owne benefitt use and behoof as well and lawfull was for him to do And whereas after the sayd Xpofer Pikarde did demise and lett unto the said Robt Smelt one close called the ... Close and Certen other p[ar]cells of the said ferme for five yeares ended at the feast of Phillip and Jacob last past by force whereof he entred and was possessed of the same duringe his sayd Terme And further also ... the said Pikarde ... to one John Bulmer of Pinchinthorpe in the said Countie of Yorke gent one close called or knowne by the name of the S...[er]fielde and certen other peeces of ground beinge p[ar]cell of and belonginge to the said ferme called Lockehowse for and ... a certen terme and numbre of yeares all ready expired and ended about the feast of Phillip and Jacob was two yeares last past And whereas also after the said sev[er]all demises or leases so made by the said Robt Smelt and ... ... the said Xpofer Pikard did demise sett and to ferme lett unto your Ma[jesties] sayd Sub[ject] in Consideracon of a greate Sume of mony in hand payed unto the said Xpofer by your Ma[jesties] said Sub[ject] the said Ferme of Lockehowse for div[er]s ... yett enduringe By vertue whereof your Ma[jesties] sayd Sub[ject] into somuche of the said ferme as at the tyme of the demise to him made was out of lease pu...tely and into the rest ... in the said Robt Smelt and John Bulmers tenure or occupacon estsones as the determinacon of theire two sayd sev[er]all Termes did entre and was thereof possessed accordingely Nowe so yt is most dr[ea]de sov[er]aigne Lady that after thende and expiracon of the said John Bulmers Terme and ... the said Robt Smelt ...ewe to an ende so that by the Custome of the said Cuntry he was no longer to have the ma...rannce or occupacon of the same The said John Bulmer becominge humble suitor unto your Ma[jesties] said Sub[ject] to ... ... ... said Close called the Som[er]fielde and the said other p[ar]cells w[hi]ch lately were in his occupacon and seeinge that that waye he colde not obteigne or Come by his saide p[ur]pose (... your Ma[jesties] said Sub[ject] ... ... ... ... other cawse denyed him, for that he knewe him to be of a verye troublesome and quarrellinge disposicon and one that before that tyme had mayhemed a verye frend of the said Xpofer Pikard and sundrye other dis... ... ... ...tted and don, He the sayde John Bulmer beinge laith to forgoe so good a pennyworth yf either by hooke or Crooke he might gett againe the same And hearinge that the sayd deede made upon trust and Confidence as aforesayde still remayned in the saide Robt Smeltes hande: For the sayd Xpofer Pikarde reposed in the sayd Robte so much fidelitie and trust of honest and upright dealinge as he neglected the revokinge or callinge in of the same w[hi]ch the said Xpofer the only did forbeare for that yt so happened that in the meane tyme the saide Christopher became div[er]sely indebted to sundry your Ma[jesties] Sub[jects] Thereupon the said John Bulmer made his repaire unto the said Robt Smelte and they two betwixt themselves did Craftelye Conspire and Confederate togither to recov[er] into theire or the one of theire handes and possession not onely the sayd closes called the Helme close and Som[er]fielde and other p[ar]cells w[hi]ch lately were in the said John Bulmer and Robert Smeltes sev[er]all occupacons but even of all the sayd ferme called Lockehowse For the more speadye and readye effectinge and bringinge to passe of w[hi]ch theire saide fraudulent and craftye devise the sayd malicious Conspirators did Condiscend and Agree betwixt themselves that the said John Bulmer shoulde have to him deliv[er]ed by the said Robt Smelte or by some other p[er]son or p[er]sons w[i]th his Assent Consent and procurem[en]t the said deed of trust so made as aforesayde to the sayd Robte Smelt by the said Xpofer Pikard And by petext and Color of the same (w[hi]ch shoulde be published and affirmed by the said John Bulmer to be an Absolute deede of Bargaine and sale of the said Xpofers whole title Interest and estate of and in the said ferme and to be made bona fide) And under pretence of beinge the said Robte Smeltes s[er]vant w[hi]ch notw[i]thstandinge he ys not nor ev[er] was but accompted to be a man of as good Countenance and ability in ev[er]ye respect as the sayd Robte Smelt ys, he the saide John Bulmer for and in the name and to the owne prop[er] use and behoof of the said Robte and John or one of them should make an entrye into the same ferme whereupon the sayd John Bulmer havinge by thaforesayd meanes or by what other meanes and fraudulent practize your Ma[jesties] sayd Sub[ject] knoweth not obteigned and gott the said deede of trust and Confidence (the same before duringe all the space of nyne yeares or thereaboutes beinge nev[er] made anie Accompt of) At the said ferme called Lockehowse in the p[ar]ishe of Gisburne aforesayde on the five and twenteth daye of Marche last past or thereaboutes beinge Accompanyed w[i]th one John Willson John Jollye Robte Browne Christopher Thomson Franncis Asheley and div[er]s other unrulye and disordered p[er]sons not knowen to your Ma[jesties] said Sub[ject] to the numbre of twelve or thereaboutes And likewise on the feast daye of Phillipp and Jacob last past or thereaboutes beinge accompanyed w[i]th the said John Wilson John Jolly Robte Browne Chr[ist]ofer Thomson and Franncis Asheley and div[er]s others to your sayd Sub[ject] unknowne to the nombre of fortye or thereaboutes not havinge before theire eyes the feare of god nor the due Regarde of your Ma[jesties] laws and statutes made and provyded w[i]thin these your highenes dominions for the punishinge and repressinge of unlawfull Riotts All the sayd p[er]sons w[hi]ch accompanyed the said John Bulmer on either of the said dayes and he himself beinge armed and arrayed w[i]th swordes buckelers daggers Pitcheforks Javelinges and longe piked staves and other weapons Invasive and defensive, assembled and mette togither and on the said sev[er]all dayes into the said close called the Som[er]fielde and dwellinge howse of the said ferme by thabbettem[en]t procurem[en]t and setting on of of the sayd Robt Smelt did entre and one of your Ma[jesties] sayde Sub[jects] Sonnes then and there at your saide Sub[jects] appointm[en]t, beinge in peaceable and quiet possession of the same and in gods peace and your highenes ... ...ellinge anie bodily harme to anie your Ma[jesties] Sub[jects] nor entendinge anie to be meant or ymagined towards him w[i]th force and armes as aforesaide and in most riottous Routtous warlike and disordrely guise and mann[er] did expell and putt out from his sayd peaceable and quiett possession and occupacon of the said premisses w[i]th sore minassinge and harde speaches to the terror of your said Sub[jectes] Sonne both of lief and membre Publishinge and affirming that they did the same disorders Committ and do as in the right of the said Robte Smelt whome they entitled to the same by color and pretext of the saide deede to him made upon trust and Confidence by the said Pikarde as aforesayd In tender Consyderacon whereof and forasmuch the said fraudulent and Craftie practizes riotts Routts and other misdemeanors might animate and stire up other like lewde and evill disposed p[er]sons to p[er]pettrate and Comitte the like lewde and ungodly behavior yf Condigne punishm[en]t should not be Inflicted upon them for the same Pleaseth yt your most excellent Ma[jestie] to grannt unto your highenes said Sub[ject] your Most gratious writte of Subp[ena] to be directed unto the said Robte Smelt John Bulmer John Willson John Jolye Robt Browne Chr[ist]ofer Thomson and Franncis Asheley and the rest of the said riottous and disordered p[er]sons when they can be knowen or learned out Them and ev[er]ie of them thereby Comannding at a Certen day and under a Certen paine therein to be Limitted p[er]sonallye to Appeare before your Ma[jestie] and honorable previe Councell in your Ma[jesties] highe Courte of Starre chambre Then and there to Annswer to the premisses and to abide such punishement and direction herein as to your Ma[jestie] and said councell shalbe thought to stand w[i]th equitie and Justice And your highenes sayd Sub[ject according to his bounde duety shall Continewally pray unto god for the preservacon of your highenes in Royall estate longe to raigne over us
