STAC 5/F9/37

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Court of Star Chamber:

Martyn Fenwike v Michaell Fenwike, Trystram Fenwike & Roberte Mylborne

Transcript: Dave King


Bill of Complaint:

on reverse: R x..... Trinitates 1575

To the Queenes most excellente Maiestie

In most humble wise complaininge Sheweth unto your Highnes your Humble and obediente Subiecte Martyn Fenewike of Blacke Hedwen in your Ma[jesties] countye of Northumberland gent, that whereas one George Fenwyke late of Bringeborne in the said countye gent was seised of and in certen landes tenementes and hereditaments in Boroughden in the said countye of Northumberland and so beinge seised in the xxxiijth yeere of your highnes Fathers Kinge Henry theighte his Raigne by his deede Indented executed w[i]th lyv[er]ye of seisyn did geve and grannte his said Landes and tenementes in Boroughden aforesaide unto this your Suppliante beinge then heire apparannte unto the said George Fenwike and to Anne his wife to have and to hold the saide Landes and tenementes in Boroughden aforesaid unto your said suppliante and the said Anne duringe there two lyves w[i]th remaynders unto the heires male of the bodie of this Compleynante the remaynder and rev[er]con further lymyted as in the said deede Indented more playnelie dothe and may appere And after w[hi]ch deede so made and executed (the mother of this your subiecte beinge deade) the said George Fenwike did marye one Johan Ogle wydowe whoe survyvinge the said George her husbond in the tearme of St Michell tharchanngell in the fiftenthe yeere of your Ma[jesties] most happie Raigne did pursue out of your highnes Courte of Chancerye a wryte of dower againste your said subiecte to be endowed emongeste other Landes and tenementes of the Landes and tenementes assured as is above specyfyed in Boroughden aforesaid retornable in the terme St Hillarye then nexte followinge before the Justices of your Highnes common plees at Westm[inster] whereunto your said subiecte pleaded that the said George Fenwike her husbond was never seised of anie suche state duringe the intermariage betwixte them whereby she mighte clayme dower and so the sute beinge at a full issue the record by nisiprius was sent downe to be tryed before your highnes Justices of assise for the countye of Northumberland before whome in Auguste Last, this compleynante alleiginge the said deede for the lawfull dischardge of the same possession in Boroughden above menconed to be free from title of dower pretended uniustlie by the said Johan Fenwike, one Michael Fenwike Trystram Fenwike and Roberte Mylborne gent not havinge the feare of god before there eyes, but of a devilishe malycyous and pervers purpose to burden and grevouslie to chardge this said suppliannte did geve in Evidence unto the iurie impaneled and sworne before the same Justices of assise and nisiprius for the triall of the said yssue that there was never anie suche deede executed wherebye anie suche joynte estate weare in this Compleynante and in his wief as the said deede did purporte uppon w[hi]ch untrewe and wycked Evidence by the said Michaell Fenwike Tristram Fenwike and Roberte Milborne then and there geven the Jurye impaneled and sworne for that purpose founde for the said Johan beinge Demanndannte in the said wryte of Dower to the greate hinderannce of your said Subiecte and to the evell example of all your highnes said subiectes in those p[ar]ties if that Condyngne punyshmente in that behalf be not had and p[ro]vyded In tender consideracon whereof hit may therefore please your Excellente Maiestie to grannte unto your said Subiecte your Ma[jesties] most gracous wryte of Subpena to be directed unto the said Michaell Fenwike Trystram Fenwike and Roberte Mylborne comanndinge them and ev[er]y of them by vertue thereof p[er]sonallie to appere before your Ma[jesties] most hon[or]able counsell in your Ma[jesties] most highe Courte of Starre Chamber at a certen day and und[er] a certen payne by your Ma[jestie] to be Lymyted then and there to awnswere to the p[re]misses, And further to stande to suche order and directon therein, as to your Ma[jesties] said counsell shalbe thoughte moste meete, And your said subiecte shall accordinge to his most bounden dutye, daylie praye to god for the p[re]servacon of your Ma[jesties] most p[ro]sperous and happie Raigne Longe to contynewe./

Savile


Answer of Robert Melborne:

The answere of Robert Melborne defendant to the bill of compleint of Merten Fenwicke complt


?Junij? 1575

The said defendt saieth that the said bill of compleint against him exhibited in this honorable court is very incerten untrewe and altogether insufficient in lawe to be answered unto for divers & sondry very apparaint faults in the same conteyned prosecuted by the said complt against this defendt of mere mallice & evill will rather then upon any good ground or iuste cause of sute The advanntage of excepcon to the incertentie & insufficiencie wherof to this defendt at all times here after saved the said defendant then saieth that as unto the said supposed untrewe and wicked evidence surmised to be by this defendant given upon the triall of the said issue of nis[i] [p]rius that he is not therof guiltie in suche sorte maner & forme as in the said bill of compleint most untrewly is alledged ... ... that that upon any untrewe evidence then & ther given by the said defendt the iury impannelled & sworne for that purpose ....nd for the said Jone beinge demanndannt in the said writt of dower to the great hinderance of the said complt or to the evill example of all your highnes said Subiectes in those p[ar]tes as also most slannderously is surmised and w[i]th owt th[at] that any other matter or thinge materiall or effectuall in lawe to be answered unto w[hi]ch towcheth or concerneth this defendt & not here in sufficiently traversed denied confessed or avoided is trewe all w[hi]ch matters the said defendt ....... to averr & prove in this most honorable court shall award and prayeth to be dismissed owt of the same [with] reasonable costes charges & expenses in the lawe in this behalfe by him most wrongefully susteyned &c


Replication of Marten Fenwicke:

The Replycacon of Marten Fenwicke Complaynant to the Answere of Robert Melborne deffendante


The said Complaynant averrethe his said Bill of Complaynt, and ev[er]y matter and thinge therin Aledged to be good Juste, and true, in such manner and forme, as in the said Bill of Complaynt ys Aledged. And w[i]th that that the said Deffendant ys Gyltie of the Gyvinge of Untrue Evidence upon the Tryall of the said Issue of the Nysip[r]ius, in suche maner and forme as in the said Bill this Playntiff hathe alledged. And that upon the untrue Evidence then and there Geven by the said Deffendant the Jurye Impanelled, and Sworne, for that Purpose founde for the said Jone beinge Demandant, in the sayd Wrytte of Dower, to the Great hynderance of the said Complaynant, and to the Evell example, of all Your highenes said Subiectes in those p[ar]tes, as in the said Bill of Complaynt is verye trulie sett forthe and Declared. And w[i]thout that that any other matter, or thinge, materiall or effectuall in lawe to be Replyed unto and in this Replicacyon, before not sufficyentlye confessed and avoyded, Trav[er]sed, or denyed ys True all w[hi]ch matters, the said Complt is redye to Averr and p[ro]ve, as this honorable courte shall awarde. And prayethe, as he in his Byll of Complaynt, before hathe prayede.//...//

Savile R