STAC 5/S3/24

STAC 5/S3/24 - B - 34 Eliz - Norfolk - Thomas Sego v John Smith, Thomas Smith see STAC co Norfolk see also STAC Segar

Transcribed by Helen Good

To the Queens most excellent majesty

Humbly complaineth unto your most excellent majesty your dutiful subject and humble suppliant Thomas Segoe of Wyctn’ in your highness county of Norfolk that whereas Robert Sego brother to your said suppliant about the 7th day of January in the 32th year of your highness reign was by certain persons most wilfully and cruelly murdered Shortly after which time William Joyner one of the two murderers repaired to the town called Aylsham in your highness said county and there was privily kept in the house of one Richard Crofte gentleman which you're said suppliant understanding did forthwith charge John Smyth Thomas Smith constables of the said town of Aylsham in your highness name to apprehend the said William Joyner upon felony and murder for the wilful murdering of your subjects brother which said Thomas Smyth and John Smythe by the commandment of the said Thomas Sego did arrest and apprehend the said William Joyner upon the felony and murder aforesaid and him did safely keep but till 11 o'clock in the night next after their said apprehension at which time the said William Joyner did by force and arms escape from the said John Smythe and Thomas Smythe which said John Smythe and Thomas Smythe was by the right worshipful Sir Edward Clere knight one of her majesties justices of the peace in the said County of Norfolk bound over to appear at the next assizes is holden at Thetford in the said county at which said Assizes the said John Smythe and Thomas Smythe did prefer a bill of indictment against the said William Joiner upon the said escape and did then and there upon their oaths deliver to the grand jury that after they the said John Smythe and Thomas Smythe had arrested the said William Joyner upon the felony and murder aforesaid he the said William Joyner by force and arms did from them the said John Smythe and Thomas Smythe escape and upon their articles the Grand Jury did find the said Bill of Indictment to be true and thereupon the said John Smythe and Thomas Smythe were by Mr Justice Peryam one of your Highness Judge of the Assizes and gaol delivery in the said County of Norfolk bound over to the next assizes to be holden at Norwich brought against them next following then and there to give evidence against the said William Joyner upon the felony and murder aforesaid at which said the assizes the said John Smythe and Thomas Smythe appeared where the said William Joyner was arraigned upon the said felony and murder upon whose arraignment the said John Smythe and Thomas Smythe were called to give evidence against the said William Joyner which said Thomas Smythe and John Smythe not regarding their former oaths nor yet your highness laws and statutes against wilful and corrupt perjury made and provided did then and there before your highness Judge of Assizes and gaol delivery wilfully [illicitly] and corruptly swear that they the said John Smythe and Thomas Smythe did not arrest the said William Joyner upon the felony and murder aforesaid where indeed the same the said John Smythe and Thomas Smythe did arrest the said William Joyner upon the same felony as at the said Assize the said John and Thomas Smythe had deposed so that the said John Smythe and Thomas Smythe in this the last deposition did commit most wilful and corrupt perjury to the heavy displeasure of almighty god and contrary to your highness Lawes and statutes in that behalf made and provided And forasmuch as the same perjury is odious in the sight of God and if the said offence should not be by your highness laws punished it might encourage other evil disposed to commit the like unlawful practices and forasmuch also as by reason of the said perjury the the same murders were acquitted May it therefore please you're most excellent majesty the premises tenderly considered to grant unto your subject your majesty’s most gracious writ of subpoena to be directed to the said John Smythe and Thomas Smythe commanding and enjoining them thereby at a certain day and under a certain pain therein by your Majesty to be limited and appointed personally to be and appear before your highness in your honourable court of Star Chamber then and there to answer the premises and further to [receive] such condign punishment for their offences as to your highness shall be thought meet and convenient. And your said subject shall duly pray etc.