STAC 5/S39/14

Court of Star Chamber:

John Swynburne of Chopwell, Co Durham v Christopher Elryngton, Robert Chapman & Sir Richard Chomley

Transcript: Dave King

Bill of Complaint:

dated on reverse: V. xva Hill (Note the regnal year does not appear to be recorded, however, the bill will have been submitted in or before 1569, as the complainant John Swynburne was involved in the rebellion of that year, after which he escaped to the Netherlands and lived the remainder of his life abroad as a refugee)

Too ore moste gracious Soveraigne Lady the Quenes Excellent Ma[jestye]

In moste humble wise Compleynynge Shewethe unto your highnes your graces true and Faythfull Subiecte John Swynborne of Chapwell in the County of Duresme Esquire that where one Reignold Carnyby knight was seased in his de[mesne] as of Fee of and in one mesuage C Acres of land xl acres of medow CC acres of pastures xx acres of wod w[i]th thapp[ur]tenances in Uggelberby in the County of Yorke And so beyng thereof so seased ... the said Reignolde Carnyby knight and all his anncestores and all those whose estate your graces said Subiect now hath of and in the p[re]mysses tyme oute of mynde of man have used to have commen of pasture in A great more or waste conteynynge by estimacon ... thowsand acres of pasture w[i]th thapp[ur]tenances in Ashedale and Iburne in the said County of Yorke at all tymes of the yere w[i]th all and all man[er] of Beastes Except goottes as app[ur]tenant to the said mesuage and other the p[re]mysses w[i]th thapp[ur]tenances in Uggelberby Aforesaid and the said Reignold so being of the p[re]mysses w[i]th thapp[ur]tenances of such estate seased by good and sufficient conveyances and assurannces in the lawe dyd convey & assure the said mesuage and other the p[re]mysses w[i]th thapp[ur]tenances to one John Swynburne father of your graces said Subiect to have and to hold to hym the said John Swynburne the father for t[er]me of his lyf the rem[ainder] thereof to your ma[jesties] said Subiect and to theires males of his body lawfully begotten w[i]th dyverse remaynders over by force whereof the said John Swynborne the father entred into the said mesuage and other the p[re]mysses w[i]th thapp[ur]tenances and was thereof seased in his de[mesne] as of Frehold the rem[ainder] thereof to your graces said Subiect as is aforesaid And after the said John Swynborne the father at Chapwell Aforesaid dyed by and after whose death the said mease and other the p[re]mysses w[i]th thapp[ur]tenances remayned and came and of ryght ought to remayne and cume to your highnes said Subiect and to theires males of his body lawfully begotten by force whereof your graces said Subiect into the said mes[uage] and other the p[re]mysses w[i]th thapp[ur]tenances entred and was thereof seased in his de[mesne] as of Fee tayle And After one Sr Ric Cholmeley knyght pleadynge to be lord of the said common pasture or waste wrongfully dyd Inclose A great p[ar]te of the same common pasture or waste conteynynge by estimacon CCCCCC acres and more by reason whereof your graces said Subiect Arreyned an ... of novell dyss[eisin] Agaynest the said Sr Ric Chomeley knight byfore your graces Justices of ass[ize] w[i]thin the county of Yorke for the same common and recovered the same by vertue of w[hi]ch recoverye and execucon thereupon had accordyngly your graces said Subiect dyd use the said common of pasture w[i]th his be[asts] and cattles as well and lawfull was for hym to doo So it is moste gracious Soveraigne lady that now of late that ys to saye the xxvth of Au[gu]ste last past one Xpofer Elryngton Robt Chapman and dyverse other ryottous and evell dysposed p[er]sons to your graces said Subiect unknowen by the p[ro]curement and Commandyment as your said Subiect Supposethe of the said Sr Ric Chomeley knight at Ashedale and Iburne aforesaid in the nyght tyme of the same day w[i]th force and armes in verey ryottous and mysordered man[er] after the man[er] of warre arreyed w[i]th dyverse wepons dyd assemble theym selves together and then and there in lyke [r]yottous and mysordered man[er] dyd dryve and Inchase lx & vij yowe beastes of thage of three yeres of the goodes and Catles of your graces said Subiect then and there upon the said commen pasture or waste beynge fedinge and depasturynge from and out of the same unto dyverse and severall p[ar]tyes and places of the same County dyd convey and dryve theym insomuche that some of theym were founde xv myles of from the said Commen of pasture some other x myles and xij myles some dryven sowthward some westward and some Sowthwestwardes from the said commen of pasture Insomuche that your graces said Subiect by his dylygence and great labor fyndyng theym all the said Bestes excepte three of the said beastes that were lost or otherwyse conveyed Awaye And after estesones as your graces said Subiect s...the the said Xpofer Elryngton Robt Chapman and the other evell dysposed p[er]sons to your said Subiect unknowen [in] lyke ryottous and mysordered man[er] the xxiiijth day of September in the nyght tyme of the same daye by the lyke p[ro]curement of the said Sr Ric Chomley knight as your graces said Subiect veryly thinketh dyd w[i]th force and armes Agaynest your Ma[jesties] peace Crowne and dignitye & Agaynest the lawes and statutes of your highnes Realme malycously dyd dryve and Inchase xl of the said yonge beastes out of and from the said commen pasture into dyvers and severall p[ar]tes of the said County by reason whereof xxj of theym can not be found to the greate hurt and damages of your graces said Subiect contrary to ryght Equity and consyence And to the p[er]illous example of the lyke offenders yf condynge punisshement be not by your ma[jestie] in this behalf had and p[ro]vyded In consyderacon Whereof It may please your highnes the p[re]mysse consydered to graunt your highnes gracous wrytte of Sub pena to be dyrected to the said Sr Ric Chomeley knight Xpofer Erlyngton And Robt Chapman Comandynge theym and every of theym to be and p[er]sonally appere by fore your highnes Councell in the high court of Starre chamber at westmyster at A certen day & under A certen payne by your highnes said counsell to be lymyted and appoynted than and there to make Answer to the p[re]mysse and further therein to Abyde your highnes Counsell order And your said orator shall dayly pray to god for your highnes longe to Reigne triumphantly over us //

Barton