STAC 5/G3/35
Court of Star Chamber:
John Gibson & Robert Lyddell of Hexham, Northumberland v James Ogle
Transcript: Dave King
Bill of Complaint:
Date not recorded, but refers to events in 27 Eliz, and James Ogle began his year as sheriff in 1584. Possibly a copy bill, it borders on incoherence at times. Reference to be made to documents, including a bill, in STAC 5/G26/25 when possible
To the Quenes moste excellent Ma[jestie] &c
Humblye Compleyninge showeth unto your moste excellente ma[jestie] your poore Faythfull and obediente subiectes John Gibson and Robte Lyddell of Hexh[a]m in your Ma[jesties] Countye of Northumberland That where... your sayd subiectes aboute the beginninge of your ma[jesties] moste gratious Reigne did stand bonnde w[i]th one Lyonell Hearon in the some of xxl for p[er]formannce of c[er]taine Covenanntes articles and agrementes Comprised in one deede made by the sayd Lionell Hearon to one John Oliver for the morgage of a c[er]tayne p[ar]cell of lande morgaged to the sayd John Oliver, whiche bonnde withoute any good and iuste cause in in equitie was sithence by the sayd John Oliver, putt in suyte and p[ro]secuted by the stricte course of the Comone Lawes of this your ma[jesties] Realme, and p[ro]ces thereupon p[ro]ceded upon ane originall layd in London w[i]thout the knowledge of your sayd poore and Faythfull subiectes they then dwellinge in your heighnes sayd Countye of Northumberlande untill the exigent and a writte of p[ro]clamacon directed to the then sherif of your ma[jesties] sayd County of Northumberlande againste your sayd poore subiectes in the xxvijth yeare of your ma[jesties] reigne was awarded againste them, to theire great hindrannce and utter discredite And yet so yt pleased god to p[ro]vide for the good of your sayd poore subiectes, that suche manifeste errore and imp[er]factions did appeare in the sayd writte of p[ro]clamacon as thereby your poore Oratours mighte by the benefyte of your heighnes moste gratious Lawes have avoyed the extremytie of the Dannger and losse they were likely to fall into But so yt is & yt maye please your moste excellent ma[jestie] that whereas in the sayd writte of p[ro]clamacon this imp[er]fection amongest others, was in the returne, viz ad p[re]f... terminum, in steade of a die pasche in u... mensem, w[hi]ch should have bene the true retorne indeed agreable to the exigente but there was no suche wordes therein, Yet notwithstandinge by the indirecte dealinge of one James Ogle esquier then sherif of your ma[jesties] Countye of Northumberlande or some othere by his meanes privitye consent assent or p[ro]curemente the same wordes ad p[re]fat... terminum were raysed out of the sayd writte and a retorne more sufficient put in the Lien thereof to the great p[re]iudice of your sayd subiectes and hazard of all there goodes and credite. And also whereas, all Sherifes of your ma[jesties] sayd Countye of Northumberlande for the tyme beinge from tyme to tyme are appoynted by a statute made in the seconde yeare of the reigne of the Late Kinge of famous memorie Edwarde the sixte to keepe there Countye Courte alwayes in the towne or Castle of Alnewicke in the sayd Countye And nowhere els yet the sayd sherif not regardinge his dutie to the obedience of your ma[jesties] sayd estatute in that case p[ro]vided All his sayd yeare did keepe his Countye Courte at Morpeth in the sayd Countye of North[umberland] contrarie to the p[ro]vision of the sayd statute, and there, the p[ro]clamacon and execucon of and upon the sayd writte, yf any p[ro]clamacon or execucon was there upon made at all was altogethere made and done and no where els And whereas also by your ma[jesties] lawes the p[ro]clamacon of and upon the sayd writte of p[ro]clamacon ought to have bene once made and p[ro]clamed at the quarter sessiones holden in the p[ar]ties next adioyninge to the place where your sayd poore subiectes then did dwell to the intente yt mighte have the better come to your sayd subiectes knowledge, Yt so fell out, that betwene the Teste and returne of the sayd writte of p[ro]clamacon there was held no Sessiones at all, and therefore the writte not executed in that behalf, as shalbe well p[ro]ved The sayd James Ogle then sherif maliciouslie intendinge to greive hinder and undoe your sayd subiectes contrary to his othe as Sherif of the sayd Countye notw[i]thstandinge all theis imp[er]fections in the sayd writte of p[ro]clamacon and helpes for your subiectes safitie upon the same and good advantages for your sayd poore subiectes to avoyd the extremytie and Dannger they were like to fall into (beinge allwayes redie and willinge to submitte themselves to any good orderly and lawfull p[ro]cedinge against them moste indirectlye uniustlie and unconsionablie did make his retorne upon the same writte that the p[ro]clamacons there upon were had made and dewlye executed at the Countyes holden at Alnewicke accordinge to your ma[jesties] sayd statute as by the sayd retorne remaininge of record in your ma[jesties] Courte of Comen Pleas doth and maye appeare where in truth no Countye was there holden at all, but at Morpeth as aforesayd contrary to the p[ro]vision of the sayd statute Also there was no Countye Courte at all holden, for the sayd Countye at any place at the Dayes by the retorne of the sayd James Ogle upon the writte aforesayd supposed neythere any such p[ro]clamacon made And likewise he the sayd James Ogle did retorne upon the sayd writte one p[ro]clamacon made at a Sessiones holden at Alnewicke aforesayd at a c[er]taine daye where in truthe there was none holden there nor any where eles in the sayd Countye on that daye neythere any suche p[ro]clamacon made/ And also whereas the sayd writte should have come in and bene retorned w[i]th the exigent in mense pasche At which tyme your poore Subiectes Atturney or sollicitor did from tyme to tyme attend searche and expecte the Cominge and retorninge thereof to the end that the benefytte of your ma[jesties] lawes might have bene prayed and p[ro]cured in the behalf of your sayd poore subiectes for the avoydinge of so great a dannger and losse as was likely to light uppon them and so contynually attended searched and expected the retorninge of the sayd writte till the latter end of Trinitie tearme followinge and then was the sayd writte founde cantelouslie filed and retorned on the fyle of Easter tearme then laste paste emongest othere writtes of the same tearme and retorne that yt should have bene of, And ev[er]y thinge as Conninglie handled as yf there had bene nev[er] any imp[er]fection in it onely upon malicious intente and purpose as your poore subiectes veverly thinke utterly to impov[er]ishe and ov[er]throwe your sayd poore subiectes for ev[er] by reason of w[hi]ch untrue and uniuste retorne rasinge alteringe and amendinge of the sayd writte your sayd subiectes were Outlawed and a cap[ias] utlagat was p[re]sentlie awarded directed to the sayd James Ogle then sherif and spedelie Conveyed into the Countrye unto the sayd sherif and by the sayd Sherif broke uppe and warrantte directed for the app[re]hension and takinge of the bodies of your sayd poore subiectes & sezinge there goodes and Chattells and p[ro]fyttes of there landes into your ma[jesties] handes to the great discredite hindrannce and utter undoinge of your sayd poore subiectes theire wives children and famylies, maye yt please therefore moste excellent ma[jestie] in tender Consideracon of the p[re]misses to grannte your moste gratious writte of sub pena to be directed unto the sayd James Ogle commanndinge him thereby at a certaine daye and under a certaine paine therein by your heighnes to be Lymitted to be and p[er]sonallie appeare before your most excellent ma[jestie] in your heighnes Courte of Starre Chamber, then and there to annswere to the p[re]misses and to abide suche f[ur]there order and direction therein as to your ma[jestie] shall seme to stand w[i]th equitie and your ma[jesties] lawes and your sayd poore subiectes theire wives and Famylie shall accordinge to theire moste bounden duetie pray unto god for your heighnes p[re]servation longe to Reigne ov[er] us
Tho ...nam ...eck
