STAC 5/W6/15

From Waalt

STAC 5/W6/15 - B - Mich 43/44 Eliz - Nottinghamshire - John Willoughby v Gregory Goodman, William Greensmythe, Thomas Burgen, John Roberts see STAC co Nottingham

Transcribed by Helen Good

To the Queens most excellent Majesty

In all humbleness complaining showeth onto your most excellent majesty your loyal and obedient subject John Wilughby esquire That whereas in Easter Term last in the three and fortieth year to your highness reign your said subject did complain himself before your majesty of Roger Aiscough esquire then in the custody of the Marshall of your highness Marshalsea That where your said subject the twentieth day of September in the two and fortieth year of your gracious reign and did long time before and always after was seased in his demesne as of the fee of and in one close of pasture called Benty Close containing by estimation 6 acres of pasture and of and in certain Coal Mines the same Close being in Aldersworth within your highness county of Nottingham
And so being seased did from day today by the space of many years before the said twentieth day of September in the two and fortieth year of your highness reign now past dig, get and to his proper use convert out of the said Mines divers Coals to the value of divers great sums of money And whereas your said subject being so seized as aforesaid And the said Roger Aiscough being also the day and year aforesaid and long time before and after seized of and in one other close called little Handsick Close containing by estimation seven acres of pasture and of and in certain Coal Mines in the close of the said Roger then likewise being in Aldeworth aforesaid near adjoining unto the close of your sad subject called Benty close aforesaid, did within the time aforesaid in his said close likewise dig get and to his proper use convert out of his said Mines divers Coas to the value of divers somes of money And whereas the said Roger so being seized for the better and more sure finding digging and getting of Coals out of his said Mines did dig within his close aforesaid in a certain convenient place of the same, a deep pit, for the sinking and conveying of waters springing and running within his said Mines And did after that the day and year abovesaid, build and erect a certain Engine in his said close near and upon the brink of the said pit, for the drawing and conveying of the waters out of his deep pit aforesaid, And did afterwards the day and year aforesaid for the applying and driving about of the said Engine, dig or cause to be digged, a certain Trench or dike from a river called Newthorp Brooke in Newthorp in the County aforesaid overthwart a certain close of meadow called Newthorp meadow in Newthorp aforesaid, unto by and over a close of the said Roger unto the Ingine aforesaid, diverting the watercourse of the said river by the Trench and dike aforesaid, By which directing of the said water course he the said Roger did at his will and pleasure apply and drive about his said Engine, for the drawing up and conveying of the said waters out of the pits aforesaid By reason whereof the said Roger did quietly and readily dig and get the greatest past of his Coals out of his Mines aforesaid And then he the said Roger intending to deprive your said subject of the whole profit and commodity which your said subject should receive and take of his Coals within the said Mines, did so negligently keep his said Trench and dike so by him made, That by the breache of the bank and dike of the said Trench within the close of the said Roger the water course of the said river so by the said Roger into his close so directed as aforesaid. Afterwards the two and twentieth day of September in the two and fortieth year of your highness reign aforesaid did run and fall into the Mines of the said Roger and by the said deep pit and other pits made and digged within the close of the said Roger for the digging and geting of Coals of the said Roger as aforesaid, First filling the caves and pits of the Mines of the said Roger and from thence falling and descending into the caves and pits of the Mine of your said subject did fill the same three and twentieth of September in the said two and fortieth year of your highness reign So that thereby the Coal Mines of your said subject were wholly destroyed with water and ten thousand load of Coals of your said subject in the same Mines the value of one thousand pounds became utterly drowned and of no value whereby your said subject utterly lost the whole benefit and profit of his said Coals and Coal Mines aforesaid As by the declaration of your said subject more plainly doth and may appeare, whereunto the said Roger Ayscough then pleaded not guilty,And thereupon an issue was joined
And a writ of nisi prius sued forth of your highness said Court And brought down at the suit of your said subject for the trial of the said issue before your highness judges of Assize at Nottingham in your highness foresaid county of Nottingham there holden the four and twentieth day of July last past where the said issue was then tried before Sir Edmond Anderson knight Chief Justice of your highness Court of Common Pleas And Mr Justice Kingesmelde your majesty’s judges of Assize for your highness said county of Nottingham for that time being At which said trial the jurors being sworn for the trial of the said issue , Gregory Goodman William Grenesmyth Thomas Burgen and John Roberts being produced as witnesses on the part of the said Roger Aiscough did then and there before the jurors aforesaid sworn for the trial of the said issue as is aforesaid most wickedly falsly and corruptly swear and depose That the Coal Mines of your said subject were surrounded drowned with a land flood and not by the water course of the said River so directed by the said Roger in and by the Trench aforesaid wherein they comitted most wicked willfull and corrupt perjury For in truth the Coal Mines of your said subject were surrounded and drowned by the water course of the said river so diverted by the said Roger by the Trench aforesaid in manner and form aforesaid before any land flood was or did happen at that time By reason of which willfull and corrupt perjury the said Jurors impannelled for the trial of the said issue did then find the said Roger Aiscough not guilty to the great loss and hindrance of your said subject
In tender consideration whereof, and for that that the abovesaid willfull and corrupt perjuries were committed and done sithence your majesty’s last general pardon and tend greatly to the dishonour of God and to the disturbance of your majesty’s justice to be ministered to your loving subjects and are directly prohibited by your majesty’s laws and statutes of your majesty’s realm and tendeth to the pernicious and wicked example of all such like offenders if condign punishment be not therein had. May it therefore please your highness the premises considered to grant unto your poor subject your most gracious writ of Subpoena to be directed unto the said Gregory Goodman William Grenesmyth Thomas Burgen and John Roberts commanding them and every of them thereby personally to appeare before your majesty in your high court of Star Chamber at a certain day therein to be limited then and there to answer the premises and to stand to and abide such further order and direction therein as to your highness shall seem good, And your poor subject shall daily pray unto almighty God for your most excellent Majesty in all happiness