STAC 5/H73/3

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Court of Star Chamber:

John Heron v Willm Fenwicke Edward Charleton John Charlton James Charlton Liell Robson & Jefry Robson

Transcript: Dave King


Bill of complaint [date tbc]:

To the Queens most excellent ma[jes]ty

In most h... mann[er] Complayninge shewithe unto yo[u]r most excellent ma[jes]ty your faythfull and loyall subiect John Heron of Chipchas[e] in the County of Northumberland Esquier that where your sayd subiect by him self and his undertenants & farmers were lawfully and actually seised and in possession of and in one messuage tenem[en]t or farme w[i]th thappurtenances callid Bellingham hall scituat lyinge and beinge in Bellingham in the sayd County of Northumberland and of and in one walter (sic) mille w[i]th thappurtenances in Bellingham afforsayd and in fower score acres of land three score acres of medowe one hundrid acres of pasture and threscore acres of marishe w[i]th div[er]s other londes in Belling[ha]m afforsayd w[i]th ther appurtenances w[hi]ch Estate yo[u]r sayd subiect by himself his servants and tennants at Will and lykwies all those Estates yo[u]r said subiect hathe in the same ha[?nd?] for div[er]se and many yeares lawfully Contentid in good quiet and peaceable mann[er] w[i]thout disturbance or interrupcon of any person or p[er]sons Yet so it is may it please your highnesse that about the xxvjth of may last past that one Willm Fenwicke Edward Charleton John Charlton James Charlton Liell Robson & Jefry Robson beinge very evill dysposid p[er]sons havinge neyther the fear of god before ther eies not anie Regarde unto your highnesse lawes and statutes made for p[re]servacon of your highnesse peace and beinge furnished and armid w[i]th sword daggers bowes & arrowes shelle cappes pickes pickestaves in Warlike mann[er] upon thafforsaid xxvjth day of may at Bellingham Hall afforsayd then and ther so assemblid Riotusly Routusly and in very disorderyd mann[er] w[i]th ther weapons aforsaid ...... as defensive w[i]th force in mann[er] of a Rebellion & tumult did enter into the said messuage tenem[en]t or ferme hold w[i]th thappurtennances and into the said Watermill and other the landes and tenem[en]ts before recitid and then and ther also very Riotusly and in disorderid mann[er] did assalt & beat div[er]se of your said subiects servants and Tennants in the said messuage ferme or tenem[en]t and water mill ther in gods peace and your highnesse beinge And also did then and ther w[i]th like force of Armes expulse and thrust your said subiects and his servants and tennants of and from the possession of the p[re]misses and w[i]th violence and force did Caste out and spoile the goodes of your sayd subiect his servants and tennants of and from the same w[i]th forcible and Riotous mann[er] dothe w[i]thhold and deteyne from your sayd subiect and his tenannts & servants to ther great losse and and hinderance and contrary to your highnes lawes statutes in that Case made & p[ro]vidid In tender Consideracon whereof the premisses Considerid for that the said Riots Routs unlawfull assemblies and other misdemenors Remayne as yet unpunished and for the supressinge & eschuinge of others to Comit the lyke and that the sayd offendors for there sayd misdemeanors may receyve Condigne punishm[en]t may it therfore please your highnesse to grannt unto yo[u]r sayd subiect your highnesse most graciuse writte of subpena to be directid to the sayd Willm Fenwicke Edward Charleton John Charleton James Charleton Lyell Robson & Jefry Robson and to ev[er]y of them Commanndinge them therby parsonally to appeare before the lord of your highnesse most highe Court of starre Chamber at a day certaine and und[er] a c[er]taine paine therin to be ....id then and ther to answer the p[re]misses and to abide and Receive suche further order and direcon hearin as to the lordes of your highnesse most honorable p[ri]vye Cowncill ther sittinge shalbe thought good & convenient And your sayd subiect accordinge to his duetye will dayly pray unto god for the p[ro]sperus estate and continuance of your highnesse in all happinesse longe to Raigne

Heron


The answer of Edward Charleton:

...mo Febr Ao xxxj Elizas etc Regna Willm Mill

The answeare of Edward Charleton esquier one of the defendts To the bill of Complt of John Hearon esquier plt

The said defendt saithe that the said bill of Complt ys very unc[er]tayne untrue and Insufficiente in the lawe to be answeared unto for div[er]s very manifeste and apparante matters and Causes thearin Contayned as this defendt by his Councell ys informed the rather for that the said Complt by his said bill Claymethe an estate of in and to the said lands tenem[en[ts and p[re]misses thearin menconed and to be seiased thearof and yet dothe not by the same Bill lymitte or Playnely sett downe the same in suche sorte [?as?] he Conveniently and necessarily oughte to have done And th.. the matters in the said bill of Complt Contayned ys the same neare true as for the moste p[ar]te thearof they are very untrue are mearly det[er]minable and more aptly to be hard [?ordered?] and det[er]mined before the lord p[re]sidente and Conncell in the northe p[ar]tes w[i]thin the p[re]cincte of whose Comission aswell the said Complt and this defendt and all the defendts in the bill named doe inhabite and dwell as also the said lands tenem[en]ts and p[re]misses in the bill menconed whearin the said p[re]tended riott and .... is supposed to have bene Comitted doe lye [?wherunto?] this defendt moste humbly praithe he may be remitted w[i]th his reasonable Costes and Charges by him wrongfully sustayned Conc[er]ninge this sute Nev[er]theles yf this defendt shalby thorder of this honorable Courte ... be Compelled to make anye other or further answeare unto the said Bill of Complt in this honorable Courte Then and not otherwyse this defendt saveinge unto him at all tymes hearafter the benifite of exception to all thunc[er]tentyes and insufficiencies of the said bill of Complt For answeare theaunto he saiethe That as to all riotts Rowtes unlawfull assemblies assaulteinge and beatinge of the plt servanntes and ten[an]tes forcible and violent expulsennge and thrusteinge the said Complt his servanntes and ten[a]ntes of and from the possession of the lands tenem[en]ts and p[re]misses in the bill menconed And as to all riotous and forcible Casteinge out and spoylinge of the goods of the said Complt his servanntes and ten[a]ntes and unlawfully w[i]th houldeinge and detayninge the same from the said Complt his said s[er]vants and ten[an]ts and all other the p[re]tended and s[u]rmised misdemaynors in the said bill of Complt supposed whearw[i]th this defendt ys Charged and w[hi]ch be det[er]minable in this honorable Courte that he this defendt ys not of the same guiltie in suche sorte manner and forme as in the said bill of Complt ys moste untruly p[re]tended and s[u]rmised And for further openinge of the truthe Conc[er]ninge the Contente of the said bill of Complt this defendt saithe that longe tyme before the said riott in the bill menconed supposed to have bene Comitted one, James Bellingham esquier was lawful[ly] seised in his demesne his of fee or of some other estate of Inheritans amonge other things of on and upon the mannor or lordshipp of Bellingham in the Countie of Northumberla[nd] w[i]thall the rightes members and app[ur]ten[an]ces thearunto belongeinge and also of in and upon the said messuage tenem[en]te or farme Called Bellingham hall And of the said water mylne in Bellingham aforesaid [and] of the said foure score acres of lande threscore acres of meadowe one hunderethe acres of pasture and threscore acres of m[ar]she or of the lyke quantitie in the bill men[co]ned as p[ar]cell of and belongeinge to the said mannor or lordshipp of Bellingham And he so beinge thearof seised one John Charleton beinge a lunaticke held and enioyed to h[im] and his heirs the said messuage called Bellingham hall and ye said mill lands tenem[en]ts and p[re]misses in the bill menconed as p[ar]cell of the said mannor of Bellingham by and accordinge to the Anncient and laudable Custome of ten[?an?]nterighte tyme out of mynde had used and allowed upon the borders of Englande againste Scotlande w[i]thin that mannor and the said John Charleton so houldinge the said p[re]misses and being lunaticke as aforesaid yt was founde by a Jury in the great Court houlden at the great mannor of Warke in Ti[nd]ale in the said Countie of Northumberlande whearof the said mannor of Bellingham ys houlden that the Custodie & gov[er]nem[ent] of the bodye and Customary tenem[en]te and of the said lunaticke did of righte and by the said Custome belonge and app[er]tayne unto one Mary Errington mother of the said John Charleton the lunaticke whearup[on] a p[re]cepte was awarded by Willm Fenwicke esquier beinge steward of the said mannor of Warke and kep[er] of Tyndall and directed unto the said Willm Fenwicke in the bill named beinge his under kep[er] at Tyndall in the said Countie whearof the said p[re]misses doe lye aucthoriseinge him thearby to putt and kepe the said Mary Errington in possession of the said messuage lands tenem[en]ts and p[re]misses in the bill menconed By v[er]tue of w[hi]ch p[re]cepte the said Willm Fenwicke in the bill named by and w[i]th the full Consente and agrem[en]te of all the ten[an]te farmors and occupiers of the said p[re]misses did ent[er] into the said messuage lands tenem[en]ts and p[re]misses in the bill menconed and this defendt and the said other defendts in the bill named beinge and Inhabetinge w[i]thin the libite and office of the said Willm Fenwicke beinge kep[er] of Tyndall aforesaid by his Comanndemente and in h[is] ayde and service and to the .... of the said Mary Errington did in quiett mann[er] enter in to the said messuage lands and p[re]misses in the bill menconed and thear.. did place the said Mary Errington or suche others as she appointed accordinge to the tenor forme and effecte of the said p[re]cepte as this defendt thinke lawfully was for them so to doe w[i]thout that that the said Complt by himselffe [?ys?] under ten[an]te and farmors weare lawfully and actually seised and in possession of and in the said messuage tenem[en]te or farme Called Bellingham hall and of all other the said lands tenem[en]ts and p[re]misses in the bill menconed or the same have lawfully enioyed div[er]s and manye yeares in peacable and quiett manner as in the said Bill of Complt ys p[re]tended And w[i]thout that that this defendt and the said other defendts in the Bill named not haveinge the feare of god before their eies nor any due regard of hir ma[jes]ties lawes and statutes and being furnished and armed w[i]th suche weapons as in the bill ys supposed did the tyme in the bill supposed riotously and in manner of Rebellyon enter into the said messuage lands tenem[en]ts and p[re]misses in the bill menconed and riotously assaulte & beate div[er]s of the Complts servannts and ten[antes] in the said p[re]misses beinge Or did then and theare w[i]th lyke force and armes wrongfully expulse and thruste the said plt his s[er]vannts and ten[an]ts of and from the possession of the said p[re]misses or w[i]th force and violence did caste out and spoyle the goods of the said Complt his servannts & ten[an]ts and the same forcibly and in riotous manner doe w[i]thould and detayne from the said Complt his said servanntes and ten[an]ts to their great and unlawfull losse and hinderans and Contrary to hir ma[jes]ties lawes and statutes as in the said bill of Complt ys untruly p[re]tended and s[u]rmised And w[i]thout that that anye other matter or thinge alledged in the said bill of Complt matteriall or effectuall in the lawe to be answeared unto .... and hearin before not sufficiently confessed and avoided trav[er]sed or demed ys true All w[hi]ch matters this defendt ys redy to averr and [?prove?] as this honorable Courte shall awarde And p..the as hearin before he hathe praied//

[?......?] 1588