STAC 5/W14/27

Court of Star Chamber:

Robert Wytherington, James Wytherington & Robert Blackeden v John Graye & Michael Graye

Transcript: Dave King

Bill of Complaint:

(date tbc: 24 Eliz)

To the Quene our moste gracious soveraigne Lady

Humbly complayninge shewethe unto your Excellente Ma[jestie] youre true faythfull and Obediente Subiectes Roberte Wytherington, James Wytherington & Roberte Blackeden That where one John Graye in the terme of the Holye Trynytie laste paste of verey malyce, W[hi]ch he (w[i]thoute iuste cause) bearethe towardes your sayde subiectes dwellinge in Northumberlande farre dystante from your highnes pallace of Westm[inster] purchaced two severall wryttes of Subpena tappeare in your Ma[jesties] highnes Courte of Channcerye at Westm[inster] returnable in the terme of St Michaell the Archanngell then nexte followinge One of whiche wryttes were delivered to your said subiectes aboute the feaste of St Bartholomewe thappostle last paste Before w[hi]ch daye of the Returne of the saide proces your saide subiectes appeared and reteyned theire councellor and Attorney for the Annsweringe thereof/ And when your saide subiectes Attorney travelled to have taken a Copye of the Bill of Complaynte in youre Ma[jesties] saide Courte of Channcerye, The saide John Greye had not put anye bill of Complainte againste your saide subiectes or anye of them into the said Courte/ By Reason whereof ordinarye costes were adiudged to your saide subiectes, Whereupon your saide subiectes procured one wrytt of Subpena out of your highnes saide Courte of Channcerye, Againste the said John Greye for the Paymente of the saide costes/ But nowe soo yt is (moste gracious soveraigne Ladye) That the said John Greye thinkinge yt your saide subiectes wolde not have appeared, and p[er]ceyving he was utterlye disapoynted of his expectacon and yet devysinge w[i]th himselfe to bringe youre saide subiectes into vexacon and trouble, did in the saide terme of St Michaell tharchangell laste past procure one lewde and evill disposed p[er]son to come into your highnes Courte of Starre chambre at Westm[inster] naminge himself Mychaell Graye Scoler of Trynytie Colledge in Cambridge to make such deposicon as hereafter ensuethe, That is to saye/ Mychaell Graye scoler of Trynitie Colledge in Cambridge of the age of xix yeares and uppwardes sworne saythe, That he this examinate aboute a sevennyghte or fortenighte after Bartolomewtyde laste shewed her Ma[jesties] proces of Subpena to Roberte Wytherington and gave hym a note in wrytinge of the daye and place of his App[earance], and delyvered the same wrytt to James Wytheryngton his brother/ And he shewed one other wrytt to Roberte Blackden and gave him a note in wrytinge of the day and place of his Appearannce w[hi]ch was returnable in tres michis at the suite of the said John Graye, As by the said deposicon remayninge of recorde in your Ma[jesties] said Courte of Starre Chambre moore playnlye yt dothe and maye Appeare/ By Color of w[hi]ch guylefull othe soe made as aforesaid, the saide John Graye obteyned one wrytte of Attachemente oute of your highnes Courte of Starre Chambre at Westm[inster] againste your saide subiectes Where in truthe your saide subiectes were not at anye tyme served w[i]th anye wrytt of Subpena oute of your highnes said Courte of Starre chambre, returnable in the saide terme of St Mychaell laste paste or any tyme since, or the saide trynytie terme before, Neyther was any suche wrytt, awarded oute of your Ma[jesties] saide Courte of Starre chambre ever served upon your saide subiectes or any of theime or shewed to theim or any of theim by anye p[er]son or p[er]sons/ And after the saide wrytt of Attachmente procuered upon this guylefull othe oute of your Ma[jesties saide Courte of Starre chambre was by suche frainde (as before is Alledged) returned non est inventus, to thende to aggravate the Contempte againste your saide subiectes/ And thereupon a proclamacon was Awarded into the Countie of Northumberlande Againste your saide subiectes/ And when your saide subiectes had intelligence thereof then they (Accordinge to theire dueties in that behalf,) made theire repaire into youre Ma[jesties saide Courte of Starrechambre to understande the Certentie and truthe thereof, And upon serche there made, your saide subiectes founde thothe of the saide p[er]son naminge himself Mychaell Graye to be entered into the saide courte of Starre chambre of suche effecte as before is alledged, and did take a Copye thereof, and used thadvise of theire counsell Learned thereupon, Who informed your saide subiectes That thofficers of the saide Courte were greately abused in granntinge anye proces of Contempte upon the saide othe so made, because yt is not deposed oute of w[hi]ch Courte the saide Subpena served and shewed as before is deposed, was purchaced/ And After your said subiectes Caused some enquery to be made, yf there were anye suche p[er]son Called Michaell Graye in the saide Trynytie Colledge in Cambridge or in any other Colledge there, And your saide subiectes were credybly informed, that there is not anye suche p[er]son there Called Mychaell Graye/ Synce w[hi]ch tyme your said subiectes have Attended everye Weddnesdaye & frydaye this terme since they had the Copye of the saide othe, To have informed your Ma[jesties] most honorable Counsell by theire Counsell Learned of the saide guylefull othe and of the great dannger trouble Losses and expences susteyned in that behalf by your saide subiectes by the procurement of the said John Graye, And yet coulde not fynd Anye oportunitie to informe your Ma[jesties] Counsell thereof/ And the saide John Graye havinge intelligence thereof, And to thintente the said fraudulente practyse shoulde be suppressed haithe on tuisdaye laste paste beinge the xxiijth daye of maye laste paste Caused your saide subiectes to be attached and Comytted to one of the Counters in London Contrarye to all Justice and Equitie, And in grete Contempte of your Ma[jesties] and your highnes saide Courte of Starre chambre and to grete losse & damage of your saide subiectes, and the p[er]illous example of others, to Comytt suche like guylefull synyster and deceiptfull practises/ Onelesse your Excellente Maiestie of youre Accustomed goodenes provyde some spedye redres to your said subiectes in the p[re]misses/ In consideracion whereof Maye yt please your Excellente Ma[jestie], To grannte your moste gracious wrytt of Subpena, to be directed to the saide John Graye and Michaell Graye, Commandinge theim & eyther of theime by vertue thereof p[er]sonallye to appear before your Ma[jesties] moste honorable Counsell in the saide Courte of Starre Chambre at Westm[inster] at a Certeine daye and under A Certeine payne to be therein Lymytted & Appoynted, Then and there to Annswere to the p[re]misses, And to receive suche due punishmentes for their synyster practises as to Your Ma[jesties] saide Counsell shalbe thought agreable to Justice and equitie, And your saide Subiectes (Accordinge to theire bounden dueties) shall daylye praye to god for your Excellente Maiestye Over us Longe to reigne and Contynewe

G Sheryngton Reader/

Answer of John Grey:

xxx May ...arshe 1583

Thanswer of John Grey defendt to the bill of Complt of Robt Witherington Jeames Witherington and Robt Blagden Complts

The said defendt savinge unto himeself all advantadge of excepcon unto the unc[er]tentie and insufficiencye of the said bill of Complt for answer saieth that he procuered two writtes of Subpena thone against Robt Witherington & Jeames Wytherington two of the Complts thother against Robt Blagden one other of the Complts and also against one John Blagden retornable and for there apparance theruppon to be made in her Ma[jesties] Court of Starr Chamber trees michis last past as this defendt verailie taketh it w[hi]ch writtes he Caused one Michaell Graye to serve uppon these nowe Complts and the same he served uppon the said Complts in such sort as in thaffidavit of the said Michaell Gray remayning in this Corte is menconed as this defendt verailie beleveth to be true and for defalt of apparannce of these Complts made in this Court according to the Contentes of the said Writtes processe of Contempte yssuing Fourth against the said Complts for and uppon the same this defendt thinketh the same was bothe uppon Just cause and according as thordre & corse of the Corte required w[i]thout that this defendt did purchase two sev[er]all Writtes of Subpena to appere in the Court of Channcerie in the said terme of St Michaell thone of w[hi]ch writtes were served uppon the said Complt in such mannor & forme as in the said bill is allidged and yf the said Complts or any of them uppon the servinge of the said p[ro]cesse Retornable in this Court mystaking the place or Court of his apparance menconed in the said writt and made his apparance in Channc[er]ie uppon the said p[ro]cesse where he ought to have appeared uppon the same in this Court of Starre Chamber the same was there owne n[eg]ligence and defalt & nothing at all to be layed to the defendts Chardge as a falt or offence therin and to that the said Complts allidge that they appered uppon the said p[ro]cesse in the said Court of Channc[er]ie and for defalt of any bill put in there against them had costes awarded against this defendt therunto this defendt saieth that there apparance in the said Court of Channc[er]ie uppon the p[ro]cesse awarded for there apparannce in this Court of Starre Chamber was vaine and the Costes awarded unto them against this defendt for lack of a bill there, was uppon no iust grounde or cause, but a matter utterly mistaken and veraie necligentlie donne as maye appere by that when it was by this deft sought out in the Channc[er]ie uppon what processe the said Costes was [awarded]/ it appered that the same was uppon the said p[ro]cesse of Subpena there fyled upp in the ..nnc[er]ie whereby the said p[ro]cesse, thapparance of the said p[ar]ties therin named was required and comannded to be in the Starre Chamber w[hi]ch yf it had bene well seene unto deserved no costes to be awarded for lack of a bill into the Channcerie w[i]thout that this defendt p[ro]cured any guylfull oathe to be maid in this Court for the Contempt of the said Complts apparance or that there is no such p[er]son named Michaell Graye of trynitie Colledge in Cambridge as in the said bill is untrulie surmysed and w[i]thout that any other matter or thinge in the said bill menconed materiall or effectuall to be answered unto examinable & determynable in this honorable Court and hereby not sufficientlie answered un...confessed and avoyded trav[er]sed or denyed is true All w[hi]ch matters this deft is reddy to averre and prove as this honorable Court shall awarde & demanndeth iudgement and praieth to be hence dismissed w[i]th his reasonable Costes & Chardges Wrongfully by hime susteyned in this behalf

Puckering