STAC 5/L46/36

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Court of Star Chamber:

Christopher Lepton of Kepwyke, Yorks v Anthony Menell, Rychard Mennell & Thoms Chippinge et al

Transcript: Dave King

Bill of complaint:

not dated

To the Quenes most excellent Maiestye

In most humble wyse complayning sheweth unto your excellent highenes your true faythfull and obedyent Subiect Christofer Lepton of [K]epwyke in the Countye of Yorke Esquire That wheras your said Subiect togeth[er] w[i]th Sir Nicholaus Fayrefax, Sir Wyllm Bellasis knightes & others your graces trusty and lovinge Subiectes comorannte w[i]thin your graces said Countye of Yorke were constituted comannded & appointed by your ma[jes]ties comyssyon unto them directed the xiijten of November last paste to take the view and p[re]sent musters both of horsemen & footemen w[i]thin the wapentake of Birdforthe w[i]th further order geven to them that all the Souldyers soe mustered by them should be at Darlington the xxjth of the same monet[he] for services of your ma[jestie] And also your said Complt and others beinge not longe aft[er] required by the L[etters] and comanndment of the right honorable Thomas Earle of Sussex then & yet your highne[s] Lyeutenante in the Northe p[ar]tes that all the men and Soldyers (mustered & appointed to be in a readynes to serve your ma[jestie]) should w[i]th all convenient spede repayre & hasten them selves unto your graces cytie of Yorke And wheras by anoth[er] like comyssyon & l[etters] by your graces said Lieutenante dyrected unto the said Sir Wyllm Bellasys, your said Orator, and others, yt was comannded that they the said Comyssyon[er]s should make one oth[er] muster and p[re]pare in a readynes more Souldyers and able men w[i]thin the wapentake aforesaid w[i]th furth[er] comanndment unto the said Sir Wyllm Bellasis this Complt & oth[ers] that they should take order and direccon that all the said Souldyers soe mustered & appointed out of the said wapentage should safely be sent & conducted for service of your highnes unto your graces said Cytie of Yorke where your graces said Lyeutenant then was All w[hi]ch Commyssyons L[etters] and comanndements your said complt as a true Juste & obedyent Subiect (accordinge unto his bounden dutye) dyd truely execute accordinglie and for that your said Complt was readye to repaire to Yorke to your highnes said Lyeutenante And for the more saufty & bett[er] suretie of conductinge & conveyinge your said Souldyers unto your graces said Lyeutenante unto the Cytie aforesaid lesse your said Complt & souldyers should be mett w[i]th & then th[eir] travaile & Journey unto your Cytie aforesaid should be interrupted & disturbed by the Earles of Northumb[er]land Westm[or]land & others, evyll disposed & sedytyous p[er]sones, ther confederates & adherentes beinge then traytorously dysposed & rebellyously bente, and assembled in armes against your said ma[jestie] at Boroughbridge, w[i]th in your graces Countye aforesaid, your ma[jesties] said complt (beinge carefull & p[ro]vident to foresee & avoyd the p[er]ill & danng[er] aforesaid for the sure & better service & conductinge of the Souldyers aforesaid & the saufty of him self) devysed & gave ord[er] that two of his said servanntes named Christopher Haly & Robte Watsone secretly and pryvily should learne & und[er]stand at what tyme & w[hi]ch waye the said Earles & th[eir] said rebellyous adherentes determyned to m[ar]che & travaile from Boroughebridge aforesaid And for the better p[er]formance of th[eir] enterprise aforesaid & for ther said sauftye and defence against the said rebells (yf by any of them they should be assalted) the said Complt gave further direccon yt his said servanntes should be well armed & horsed upon very good & stronge geldinges who rydinge towardes the towne of Thyrske aboute thenterpryse aforesaid they upon the sodden were mette & encountered in ryotous & forcyble man[ner] by one Rychard Menell Thoms Chippinge Xpofer Ward John Carneby Wyllm Bradley Anthony Rountry Anth[ony] Nesam Wyllm Webst[er] & others rebells & adherentes to ye said Earles to the numb[er] of xxtie or ther aboute being men unto your orator unknowne w[hi]ch said Richard Menell Thoms Chippinge & other ... adherentes aforesaid in warlike sorte armed, weaponed, arrayed & rebellyouslye bente & assembled, unlawfully ryotouslye vyolently and in forcyble man[ner] dyd assalte ye said Haley & Watsone servanntes of your ma[jesties] said Complt & app[re]hended them and w[i]th like force & violence dyd them take and carrye unto North Kilvington w[i]thin the Countye aforesaid to the house of one Anthony Menell Esquire fath[er] unto the said Richard Menell & ther they were by the said Rychard imprysoned by the space of two howres & more And not being herew[i]thall contented the said Rychard Menell Thoms Chippinge and others ye rebells aforesaid unto the nomb[er] aforesaid not haveinge the feare of god before ther eyes nor regardinge the paines of your ma[jesties] lawes but devyllyshly seduced p[re]sently aft[er] caused c[er]taine horses of the said Anthony Menell & by his consent & comanndement to be made readye for the said Rychard Menell Thoms Chippinge & other of the rebells aforesaid who w[i]th like weapon armor & assemblye w[i]th like force & violence caryed & broughte the said Haly and Watsone servanntes to your said orator unto ye said Earle of Northumb[er]land then beinge at Brakingborghe w[i]thin the said Countie aforesaid w[hi]ch said Earle by the lewd meanes unlawfull p[ro]curement & undew requestes of the said Rychard Menell caussed not onely a lett[er] to be sente unto your said Complt w[hi]ch your Orator sent unto ye said Lord Lyeutenante & the same or the true copie therof ys ready to be shewed to unto this honorable courte & your said orators geldinges to be taken from the said Christofer Haly & Robte Watsone and alsoe caused the said Haly & Wattsone to be spoyled robbed & stripped from ther said horses Armor & weapons beinge of the value of xl li & above And further the said Rychard Menell not beinge herew[i]thall contented nor havinge the feare of god before before his eyes nor regardinge the paines of your ma[jesties] lawes but devillyshly seduced the next morrowe then Imediately followeinge malitiouslye & rebellyouslye p[ro]cured & caused to the nomb[er] of lxxx light horsemen and one John Carnaby of the barronye of Langley as th[eir] guyde & capitaine beinge all adherentes and confederates unto the said Earles of Northumberland & Westm[or]land in warlike man[ner] to come unto the house of the said Christopher Lepton your ma[jesties] said orator and then & th[ere] in forcyble and ryotous man[ner] entered the same and robbed & spoyled your Orators said house & his servanntes in the same beinge of all ther mony and apparell that they or any of them then had and robbed and spoyled your said orator of the moste p[ar]te of all his beddinge plate pewter and other kinde of his household stuffe that your said Orator then ther had or that they or any of the said rebells could then fynde w[i]thin the said house the same beinge alsoe worthe two hundreth m[ar]kes or more w[hi]ch said geldinges Armor weapons & oth[er] the p[re]misses your graces said Complt hathe often & sundry tymes gently demannded and required at the severall handes of the said Anthony Mennell Rychard Mennell and Thoms Chippinge w[hi]ch to deliv[er] they the said Anthony Rychard & Thoms and every of them from tyme to tyme undewly & unlawfully have denyed & yet still deny to the great Imboldeninge if suche & lyke lewd malefactors unlesse the due merittes of the Juste des....s maie be to them in this behalf ministred may yt th[er]fore please your highnes the p[re]misses tend[er]ly considered accordinge to your accustomed clemencye to grannte and award your most gracyous writte of subpena to be dyrected unto the said Anthony Menell Rychard Mennell Thoms Chippinge & others comanndinge them and every of them th[er]by to appeare in your highnes Courte of Starre Chamber then & ther to annsweare the p[re]misses And your said Complt sjall (accordinge to bounden dutie) praye for the p[re]servacon of your royall estate in health & felycitie longe to [?preserve?]////


Answer of Thomas Chippinge:

The Annsware of Thomas Chippinge one of the defts to the bill of Complainte of Xpofer Lepton esquier complt

The said defendant saieth that the said bill of Complainte is verie incerten and insufficient in law to be Annswared unto and rather devised of malice and evill will to put this defendant beinge a verie poore man to great charges and expenses in the Law then for any iust occacon geven by this defendant unto the said Complaynante so to doe myndinge by meanes of this vexacon to inforce this defendant to p[er]mitt and suffer the said Complaynante to have and enioy the spoyle of his goodes to the value of xxx li or above w[hi]ch he w[i]thowt any title haith gotten into his owne handes and for the kepinge therof to his owne use doth seeke these sinister meanes and not for any iust cause nev[er]theles the said defendant savinge thavantage of excepcon to the insufficiencie of the said bill for the declaracon of the troth of so much as is obiected by the said bill against this defendante; he saieth that he forgettinge his duitie and obedieince towardes the Quenes most excellent ma[jesty] did fall from the bonnde of his allegiance and became an adherent unto the said Earles and Rebelles for w[hi]ch he haithe bene and is most hartilie sorie and haieth humblie submitted him self unto the Quenes ma[jesties] marcie, whoe of hir abundant m[er]cie and accustomed clemencie haith grannted unto this defendant hir most graciouse p[ar]don For the w[hi]ch he shall all the daies of his lif continew hir trew faithfull and obedient subiecte and hartilie pray for the longe pres[er]vacon of hir ma[jestie] in most prosperouse and happie estaite and as to the residewe of the misdemeanors in the said bill mencioned this defendant saieth that he came to Northkilvington in the said bill named to the howse of the said Anthony Meynell abowt the tyme mencioned in the said bill beinge then but litle owte of his way as he was goinge to his owne howse and understandinge that the said Richarde Meynell was not longe afore comen to thither he this defendant entered into the Courte of the said howse where he founde the said Xpofer Hayle and Robert Watson walkinge in the said Courte and the said Richarde Meynell and the said Hayle and Watson shortlie after takinge their horses w[i]thout any consent or commanndement of the said Anthony Menell to his knowledge did dep[ar]te towardes the said Brakenbrough where the said Earles did then lye and this defendant w[i]thin a shorte space after bearinge good will to the said Richarde Meynell and then continuynge in his offence towardes the Quenes highnes did follow theyme and overtakinge theym did goe w[i]th theyme to Brakenbrough w[i]thowt any violence used to the said Hayley and Watson where the said Robert Watson desyred this defendant to walke his horse w[hi]ch he did at his request and after rediliv[er]ed the said horse to him againe w[i]thowt that that the saide Hayle and Watson were mett and incountred by this defendante and the other p[er]sons in the said bill named or that this defendant and the said other p[er]sons or their adherentes did assalt and take the said Hayley and Watson and theym carie to Northkillington as by the said bill is supposed And w[i]thowt that that any other thinge in the said bill mencioned towchinge this defendant materiall to be Annswared unto and not herin confessed and avoided trav[er]sed or denyed is trew all w[hi]ch matters the said deft is redie to averre and p[ro]ve as this honorable Courte shall awarde and praieth to be dismissed owte of the same w[i]th his reasonable costes and charges wrongfullie susteyned in this behalf