STAC 5/A48/14

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Court of Star Chamber:

Henry Anderson the elder of Newcastle upon Tyne v Richard Orde, Henry Orde & Simon Ewer

Transcript: Dave King

Bill of complaint:

Dated on reverse "Iovis decimo Septimus Decembris Anno xliiijto Elizabeth Regnie Willm Mill"

To the Quenes most excellent Ma[jes]tie

Humbly complaining sheweth and Informeth your moste excellent Ma[jes]tie your loyall subiect Henry Anderson the elder of the towne of Newcastell upon Tyne gent That one Richard Orde of Grayes Inne gent having by some casuall meanes gotten and obtaned into his hands in the county of Northumberland an oblig[a]con purporting that your said subiect did by the said obligacon bearing date in or aboute the xvth of January in the fyfte yere of your Ma[jes]ties moste gratious & happie raigne stand bound to John Orde esquier deceased in the some of five hundrethe pounds w[i]th a purport of a Condicon there upon indorsed or subscribed that yf your said subiect his heires executors and assignes dyd well and trewly observe p[er]forme fulfill & kepe all and singuler Covenants grannts artycles and agrements w[hi]ch on his p[ar]te and behalf ought to be observed p[er]formed fulfilled and kept comprised specified and mentyoned in a paior of Indentures made signed sealed and deliv[er]ed betwixt your said subiect of the one p[ar]tie and the said John Orde of the other p[ar]tie bearing date of the said pretended obligacon according to the trew tenor purport and effect of the said Indentures in all poynts and articles that then that present obligacon to be voyde and of none effecte or els the some to stand and remayne in full strengthe and vertue and your said subiect sheweth your Ma[jes]tie that he is utterly ignorant whether there wer any such obligacon or any such Indentures at all but veryly beleveth that eyther the same are forged or that yf any such wer that your said subiect hathe well and trewly observed p[er]formed fulfilled and kept all and singuler the said covenants grannts articles and agrements according to the said pretensed Indentures whereby the same wer afterwards cancelled and made voyd and that there was never any cawse of breache offred committed or donne by your said subiect w[hi]ch yf there had your said subiect had bene sewre to have kmowne & to have bene put in sewt long ere this by the said John Orde who living long after the supposed date of the said obligacon never made any question or demand toching or concerning the same or the p[re]misses but the said Richard Orde having so gotten the said obligacon into his hands and knowing that neyther your said subiect had any p[ar]te or counterp[ar]te of such Indentures neyther that the said John Orde or any other had any other counterp[ar]te thereof but knowing that there wer no such Indentures in being of a sett purpose and practise to defrawd your said subiect and to get mony from him did corruptly practise and devise to obtane and did in or abowt the sixt of aprill in the two and fortith yere of your Ma[jes]ties said raigne at his owne costs and charges obtane and get to be committed from the reverend father in god John the now lord archbushop of Canterbury owt of the coorte of p[re]rogative of Canterbury letters of administracon of the goods of the said John Orde deceased unto Henry Orde before such tyme as the said Henry Orde had notyce thereof or required the said Richard to obtane the same and after he had so gotten letters of ad[ministra]con the said Richard Orde by practise confederacy and combynacon had to and w[i]th the said Henry Orde and one Simon Ewer a sollictor of cawses at the lawe who inclined therto upon promis to have a share of that wh[ich] shoulde be recovered against your said subiect by colour of the said obligacon did at the costs and charges in the lawe of the said Richard Orde onely (who by undew corrupt and unlawfull maytenance did unlawfully mayntene the sewte) comense and prostecute a sewte in the name of the said Henry Orde as administrator of the goods of the said Richard in your Ma[jes]ties Coorte of Kings benche at Westm[inster] in or abowte Easter terme in the said two and fortyth yere of your Ma[jes]ties said raigne And the said Richard Orde at his owne costs and charges and as aforesaid under hand and by such corrupt and unlawfull mayntenance unlawfully Mainteine the said sewt in purchasing a writt and in obtaining your said subiect to be arested and did see such counsell and atturney as did prosecute the same sewte at his owne costs and charges And the said Henry Orde the said pretensed administrator disbursed no penny or p[ar]te thereof And after the said Henry Orde had declared in the said Coorte your said subiects counsell sent to your said subiect for a Counterp[ar]te of the said Indentures thereby to pleed But your said subiect Cold fynde none having diligently searched his evidences and thereupon in or abowt michelmas terme in the said xlijth and xliijth yere of your Ma[jes]ties said Raigne your subiects counsell moved your Justices of the said Coorte tooching the p[re]miss.. and how ancient the said obligacon was And that there wer no Indentures thereupon extant And that in case the said pretensted administrator had any Indenture or Indentures thereof and cold and wold shew the same That then your said subiect wold pled the same and the p[er]formance of all the said Covenants Articles and agrements contayned in the same Indentures And thereupon discend to yssue and triall ymediatly whereupon yt pleased your Ma[jes]ties said Justices then to order that your said subiect shold have day over till the terme after At w[hi]ch tyme further order shold be taken which said order and rewle was entred accordingly upon Record And the said Richard Ord Henry Ord and the said Symon Ewer had notice thereof howbeit after such notice The said Richard Orde Henry Orde and Simon Ewer did moste corruptly and unlawfully procure and obtaine one Mr Grene an attorney or Clerk in the said Coorte and some other Clerk under him or by his apoyntement to write and enter a Judgement in the Rolles of the said Coorte against your said subiect in the said cawse upon a Nichil di.. w[hi]ch Judgement was so entred at or ymediatly upon the ending of the said michelmas terme and Contrary to the said order in Coorte in con.... of your Ma[jes]ties Lawes and your said Justices And your Ma[jes]ties said Justices have synce bene Informed thereof who have willed that executyon shold stay and that the said matter and the procedings aforesaid shold be examined by Mr Kempe and certified by him to the said Justices howbeit the said Richard Ord Henry Ord and Simon Ewer have synce corruptly obtaned or indevour to obtaine some writt of executyon against your said subiect upon the said Judgment Contrary to the express Rewles order will and direction of your Ma[jes]ties said Justices and he... doe indevour to undoe your said subiect and to gett and obtaine mony from him w[i]thowt any Cawse and no dett being dewe w[hhi]ch they threaten they will doe unless your said subiect will basely compund w[i]th them and geve them mony so much as they will requier to surcease the said execucon And to that end have delt w[i]th other gente abowt such composicon and to get them some mony from your said subiect for and tooching the premisses w[hi]ch said unlawfull and undew practises unlawfull mayntenance Confederacye and Combinacon contempt[s] and all other the recyted misdemenors and every of them are against your Ma[jes]ties Lawes and statutes in such cases provided and wer dunne & comitted by the said Richard Ord Henry Ord and Simon Ewer synce your Ma[jes]ties moste gratyous last generall and free p[ar]donne and doe tend to the evell example of others yf the same offences and audaceous boldenes shold escape unponished In tender consideracon whereof may yt please your moste excellent Ma[jes]tie the p[re]misses considered to grannt to your said subiect your moste gratyous writt of Subp[en]a to be directed to the said Richard Ord Henry Ord Simon Ewer and every of them Thereby comanding them at a day certaine and under a payne therein to be contained p[er]sonally to appere before the Lords and others of your Ma[jes]ties moste ho[norable] privie counsell in your Ma[jes]ties highe coort of Star chamber then and ther to answer the premisses and further to doe and to receave as to your said counsell shalbe thought fytt and your said subiect shall during his liffe daylie pray to god for the happie continuance of your Ma[jes]ties moste prosperous raigne over us /

Willm Cock