STAC 5/S40/17

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Court of Star Chamber:

Thomas Scarth the elder v Thomas Scarth the younger William Denton Clarke John Denton William Denton of Mydleton Peter Denton Frances Scarth Clarke Robert Hall Nychas Conyers Henry Wood John Rutter Elizabeth Bell and Jane Preston. 39 Eliz

Transcript: Dave King

Bill of complaint of Thomas Scarth the elder:

To the Quenes moste excellent Maiestie

In most humble wyse complayninge sheweth and informeth your excellent maiestie your dutifull and obedyent subiect Thomas Scarth of Carlton in the countye of yorke thelder husbondman, That whereas your said subiect was lawfullye possessed for the terme of dyvers yeres then and yet induringe of and in one Messuage or tenement wyth thappurtennces scytuate lyinge and beinge in Carlton aforesaid of the demyse and grante in wrytinge of the right honorable the late Countesse of Lynox, And whereas your said subiecte was lykewise lawfullye possessed as of his owne proper goodes and Chattels of dyvers sortes and kyndes to the value of three hundreth poundes and above beinge and remayninge in and aboute the said Messuage and tenement and so beinge thereof possessed, So yt is dread sovereigne, that one Thomas Scarth nowe of Hynderwell in the said Countie of yorke the younger yeoman William Denton Clarke John Denton William Denton of Myddleton Peter Denton Robert Hall Nicholas Conyers Henry Woode John Rutter Elizabeth Bell Jane Preston and dyvers others to your said subiecte as yet unknowne not havinge the feare of god before there eyes nor fearing your maiesties Lawes, By the procurement instigacon or Connsell of Francis Scarth Clarke falselye and most untrulie pretendinge that they by due and ..ynarye Course of lawe had a warrant from the then sheryf of the Countye of yorke to sequester your said subiects goods and chattels, did aboute the one and twenteth daie of Januarye in the eighte and thirteth yere of your highnes reigne and scythence your maiesties last generall p[ar]don grannted for suche offences and wronges most unlawfullye and Ryotouslye assemble themselves together at Carlton aforesaid in the absence of your said subiect gyvinge fourthe speaches that there was good store of gold and sylver in your said subiects howse, And then and there beinge arrayed wyth swords daggers dagges gonnes longe pyked staves pytcheforks and other warlyke weapons aswell invasyve as defensyve in most ryotous and forcible manner did plucke downe the thacke and broke the wall of your said subiects dwellinge howse and wyth lyke force entered into the same and fyndinge your said subiects wyfe and two children therein did grevouslye them assaulte and wyth greate vyolence and lyke force carryed them oute of the same howse haylinge pullinge beatinge and evill intreatinge them, by reason whereof whiche owtragious dealinge your said subiects wyfe and children were not onelye put in great feare of there lyves, but your said subiects wyfe hath ever scythence bene lame of one of her armes, And afterwards the said Ryotous p[er]sons entringe againe into the said howse locked the dowers to them selves and some of them wyth drawen swords kept the said dowres affyrmynge that yf there were a thousand pounds in the same howse yt was all there owne and your maiesties. And there they wyth dyvers others to the number of twentye in the whole at the least contynued by the space of two monethes waystinge thresshinge sellinge and consumynge the bread drynke beefe bacon wheate Rye Pease otemeale otes malte hennes piggs butter cheese Coles wood and all other the provision of your said subiects in moste waistefull and ryotous manner to the value of threscore poundes and above and duringe the firste whole weeke of the said two monethes the said Ryotors did dailie and nightlie shoote of dagges owte of the same howse by reason whereof your said subiects wyfe children servants and neighboures were put in suche feare that they durst not come nere your said subiects dwellinge howse to sea what the said Ryotors did, duringe the w[hi]ch said space of two monethes they the aforesaid ryotous p[er]sons did also put there horses to the Corne mowes hay mowes and stacks of haye sufferinge them to eate [?..?] waiste consume and spoyle the same at there pleasure, And also presentlie after thentrye of the said Ryotors unto your said subiects howse they or some of them broke or pycked open all the Chests therein wyth dyvers instruments that they had provyded for that purpose and ryfeled everye place in the said howse, and did take owte of the Chests boxes a greate horne & other places of the said howse these severall somes of money and gold and these severall p[ar]celles of Rings Juelles and howshold stuffe followinge that is to say fourthe of a boxe beinge under the bolster end of your said subiects bedstead beinge well nere full of gold the some of one hundreth and twentie pounds or thereaboutes & owte of one greate horne beinge hid in the bedstrawe wyth a cloth tyed over the upper end thereof and wherein was an other Cloth wyth money tyed in yt, a great bladder wyth money in yt, and in the bottome gold, whiche amounted well to the some of fower score and tenne poundes or thereaboutes, And fourthe of some of the said Chests a Combe case and a Cloth wyth many single pence in them and other Coynes, In a bladder two sylver whistles a tablett, a greate stone sett in sylver & gilte three sylver rings whereof one was graven a pare of braceletts And in a scarlett Cloth& a little Barrell to the value of twentye poundes or thereaboutes, And dyvers other goods of houshold stuffe, as namely sheetes table clothes napkyns pyllowberes and all your said subects lynnen, All w[hi]ch wyth dyvers other things the before named Ryotors or some of them have conveyed away from and oute of your said subiects possession beinge his owne proper goods, and the same have converted to there or some of there owne use, And doo styll deteyne and wythold the same from your said subiect, And to colour there said outeragious and Ryotous mysdemeanure by some shewe of warrant or aucthorytie the next daye after there fyrst entrye into your subiects howse as aforesaid at a Markett towne called Stokesley two myles distant from Carlton aforesaid a Jurye was ympanelled by the said Conyers who pretended that he was the Bayliffe and one of the Ryotors, and was sworne by the said John Denton one other of the said Ryotors (wythoute any aucthorytie) where the said Jurye made and gave up there verdycte wythoute viewe of the said goods upon the othe onelye of the said John Denton and Thomas Scarth the younger whose othes were taken by the foreman of the Jurye and not by the Sheryffe or his deputie aucthorysed, All whiche indyrect courses and unlawfull procedings were prosecuted by the said Ryotous p[er]sons for a supposed debt of twentye seven pounds three shillings and fower pence pretended to have bene due by your said subiect above twentie yeres scythence to the said Francis Scarth and w[hi]ch in truth was satysfied or payed longe scythence yf any were due at all whereupon the said supposed warrant was grounded (w[hi]ch debt the said John Denton had formerlye boughte of the said Thomas Scarth the younger who had lykewyse bought the same debt of the said Francis Scarth w[hi]ch Thomas Scarth the younger was the cheefe wytnes hymselfe for the recoverye thereof, And had suborned two others to come in as wytnesses in the said cause) In and by w[hi]ch verdycte your subiects keene oxen Corne hay and the rest of your subiects howshold stuffe that were praysed were not valued at the halfe worth, And your said subiects gold sylver and Juelles (w[hi]ch amounted to two hundreth and twentye pounds at the least was found and prysed to the value of two shillings and tenne pence onely and no more, And the said Ryotos and lewde p[er]sons the better to effecte there lewde Ryotous and owteragious intent and mysdemeanure had by compacte and synister devyse emongest them procured your said subiect to be called and appere for the interest of his said farme before the right honorable the Lord highe Threasou[er] of England to whome your said subiect repared for relefe therein, and duringe the tyme of his travellinge to London attendinge there and before his retorne home, the said Ryotors had utterlie spoyled your said subiect in maner aforesaid, sayinge that they wold ryfle that w[hi]ch your said subiect had never seene. In the execucon of w[hi]ch said warrant or aucthorytie before menconed the said pretended bailiffes fearinge some mysdemeanures to be comytted (as yt should seeme) Feyned that they would not entermedle therein any further untill bond was gyven by the said John Denton and Thomas Scarth the younger or the one of them to save them the said Bailiffs harmles of all troubles Costs charges and incombrances touchinge that warrant, whiche beinge done accordinglye the said Bailiffs sufferred the said John Denton and Thomas Scarth the younger and there adherents to dispose upon all the said goods Cattells money gold Juelles and all other things or the moste parte thereof at there pleasures, All whiche was to no other end but onelye to spoyle and utterlie undoe your said subiect, therebythe more easelie to obteyne there suyt nowe dependinge before the said Lord high Threasorer in the Exchequer Chamber, Upon whiche outeragious hard and evill dealinge some of your said subiects Frends understandinge what great losse and damage was lykelie to ensue to your said subiect they offered to be bound to the said Bailiffes wyth good securytie for the debt and charges (for w[hi]ch warrant ther sequestracon was grannted as they affirmed to be paid in Courte before her ma[jest]ties Counsell in the Northe the fyrst daie of the then next syttinge and to satisfye the decree and fyne for the contempt, So that the said Bailiffs would make no spoyle nor take any advantage by coulor or force of the said warrant of sequestracon which offer was utterlie refused to be accepted of, by reason of the compact practyze and confederacye aforesaid, And yet not contentinge themselves wythall thes outeragious dealings and mysdemeanures but contynuynge styll therein the said Ryotors or some of them have of late gyven fourthe speaches that they have provyded a sufficient some of money to spend tenne poundes yerelie in suits to wearye and undoe your said subiect) All w[hi]ch Ryotts mysdemeanures Compacts practyses and confyderaces are dyrectie contrarye to your ma[jes]ties Lawes & statutes in suche lyke Cases made and provyded, And tend to the great terror & feare of your ma[jes]ties Lovings subiects nere adioynynge & also to the great incouragement of suche lyke malefactors and evill disposed p[er]sons yf condigne punishment be not inflycted upon them for the same. In tender consideracon whereof the premyses consyderid May it please your most excellent maiestie to grannte unto your said subiect your ma[jes]ties most gracious wrytts of Subpenas to be dyrected to the said Thomas Scarth the younger William Denton Clarke John Denton William Denton of Mydleton Peter Denton Frances Scarth Clarke Robert Hall Nychas Conyers Henry Wood John Rutter Elizabeth Bell and Jane Preston thereby comandinge them & everye of them at a certen daie & under a certen payne therein to be lymyted p[er]sonallye to be and appeare before your highnes & Counsell in your ma[jes]ties highe Courte of starre Chamber then & there to answere the primysyes & everye parte thereof upon there Corporall othes, And further to stands to abyde & suffer such correccon order & condigne punyshment for there said offences & mysdemeanures as to your highnes & your ma[jes]ties honorable Counsell of the said Court shall seeme mete & convenyent. And that they may be compelled by the order of that most honorable courte to make restitucon of suche things as they have moste ....riouslye gott & taken away from your said subiect as aforesaid, And your said subiect shall as he is .... bounden dailie pray to god for the preservacon of your most excellent maiestye in prosperous estate longe to reign over us./

Answers of Thomas Skarth the younger, William Denton and John Rutter

Demurrers & answers of Thomas Skarth the younger, William Denton Clarke and John Rutter. 3 June 39Eliz

The Jointe & severall demurrers & Anesweares of Thomas Skarth the younger Willm Denton Clarke & John Rutter three of the defend[an]ts to the Bill of Compleynt of Thomas Skarth thelder Compleyn[an]t The said defts saieth the said Bill of Compleinte is exhibited against them & the rest in this bill menconed rather upon malice & purpose to put these defts & the rest to charges & expences in the lawe & by the speciall Instigacon & p[ro]curement of one Willm Morwood whoe as these defendts verylie thinketh p[ro]cureth & mainteyneth the said suite then upon anie Juste cause or grounde soe to doe for these defendts saie that aince thexecucon of the [process] of sequestracon from the Councell at Yorke whereupon all the mysdemeanors & offences in the in the Bill menconed ys supposed to have been donne & comytted the complt or the said Willm Marwood in his name hath exhibited a Bill or made surmise before the saide Councell att Yorke againste the moste of these defendts in this Bill named Chardginge them in substance with the verie same offences in thys Bill of Compleinte conteyned unto w[hi]ch they or the moste of them have made aneswere & p[ro]ceeded to yssue & witnesses to be examyned on both p[ar]ties & the matter publisshed to be hard the next Sytting at Yorke before w[hi]ch cause these defendts demand Judgm[en]t of this Ho[norable] Courte ys For one & the verie same cause they shalbe [...] wrongfully & [...] vexed & praie that they maie be dysmyssed firth of this Ho[norable] Court w[i]th there Costs & chardges in that behalfe wrongfully susteyned nev[er]theles yf these defts shalbe by order of this courte compelled to make some further aneswere then & not otherwise they aneswere & the said Thomas Skarth for himselfe answereth & saieth that the said tenem[en]t w[i]th appurtenances in Carleton in the Bill menconed whereof he the Complt p[re]tended he is possessedfor div[er]se yeares yet enduringe by demyse from the Right Ho[norable] the late Countesse of Leonex as p[ar]t of the possessions of the late Countesse & that in the seaventhe yere of her ma[jes]ties reigne the Right Ho[norable] Mathewe late Earle of Leonex & the said Countesse did by writinge demise the said tenem[en]t in Carleton w[i]th thappertenances unto Willm Skarth (this deft & the complts father) For one & twentie yeres by vertue whereof the said Willm Skarth was thereof lawfullie possessed & after aboute the nyententh yere of her ma[jes]ties Reigne by his will in writinge demysed the said Tenem[en]t in Carleton w[i]th thappertenances & all his estate & interest therein unto this deft his youngest sonne then an Infante duringe whose mynoritie the complt & the said Francis Skarth in the said Bill alsoe named & one Robte Skarth elder brethren unto this deft occupyenge the saide tenem[en]t or the greatest p[ar]t thereof aboute the xvijth or xviijth yere of her ma[jes]ties Reigne & aboute seaven yeres before the experacon thereof the said Francis Skarth & Robte Skarth & the Complt w[i]thout this deft [?permitid?] surrendred or p[re]tended to surrender the resydue of the yeres of the said Lease unexpyred & tooke a lease of the said Tenem[en]t in theyre owne three names from the saide Countesse Contrarie to all Conscience & Brotherly dealinge since w[hi]ch tyme the said Francis & Robte Skarth nowe in Conscience moved did assigne unto this deft theyr twoe p[ar]ts of the saide tenem[en]t w[i]th thappurtenances yet nevertheles the Compleyn[an]t denyed to suffer this deft to enyoie anie p[ar]t thereof whereupon this deft exhibited his peticon unto the Right [Honorable] the Lord Treasorer of England to whome the ordringe or gov[ern]m[en]t of the possessions of the said Countesse of Leonex ys by her ma[jes]ties comitted conteyninge hys tytle to the said tenem[en]t in manner aforesaide whoe after due examynacon of this deft & Complts tytle to the saide tenem[en]t dyd by warrant under his [Honorable] hand & seale order & comannd that this deft should quietly enyoie twoe p[ar]ts of the said tenem[en]t w[i]th thappurtenances duringe the yeres in the said Lease made to the Complt Francis & Robte Skarth Contynewinge & after the experacon of the said Lease then this deft to have the possession of the said whole tenem[en]t during her ma[jes]ties pleasure in as ample manner as Willm Skarth his Father enyoied the same & therebye alsoe attorysed & Comannded Robte Dolman beinge the Steward & the Baliffes of the Lorshipp of Whorlton whereof Carleton ys a hamlett to put this deft in possession accordingle as by the saide warrant ready to be shewed more att large appeareth by vertue of w[hi]ch warrante Willm [?Watts?] her ma[jes]ties baliffe of the saide fro: did put this defendt in possession of twoe p[ar]tes accordinglye And this defendt further saieth that the said Francis Skarth in the Bill named did Comence suite before the Lord Presydent & the Concell establisshed for the North p[ar]ts against the said Complt for recov[er]ie of the some of twentie seaven pounds or thereabouts w[hi]ch the Complt ded owe & was indebted unto him as the said Francis affirmed in w[hi]ch suite the said Francis did recov[er] against the said Complt the some of twentie & seaven poundes or thereabouts as by decree remayninge of Record in the said Courte mor att large appeareth & accordinge to the usage & p[ro]ceedinge in the said Courte served the said Complt w[]th her ma[jes]ties letter to p[er]forme the said decree w[hi]ch not w[i]thstandinge the said Compleyn[an]t [?contempned?] whereupon the saide Francis Skarth did sue fouth p[ro]cesse of Contempte against him untill p[ro]cese of sequastracon was directed to the Sheriffe of the Countie of yorke Comanndinge him to seize into her ma[jes]ties handes the goods & Chattells of the Compleyn[an]t as in suche cases ys used upon w[hi]ch p[ro]cees of sequestracon the then Sheriffe of the said Countie about the tyme in the Bill alledged dyrected his warrant under the seale of his saide office to the Baliffes of the lyb[er]tie of the Wapentake of Langbarugh or theyr deputees for thexecucon of the said p[ro]cees of sequestracon by vertue of w[hi]ch warrant Nycholas Conyers one other of these defendts & Robte Bartrame knowne & sworne deputie baliffes of the said lib[er]tie of Langbaurgh in peaceable manner entred into the said house the doores beinge open to take suche goods & Chattells as was therein to be seised in execucon of the saide warrant & this deft saieth alsoe that for the p[re]servacon of his possession of the saide twoe p[ar]ts of the said tenem[en]t & p[re]misses he in peaceable manner also entred into the saide messuage as he taketh yt lawfull was & is for him soe to doe And the said deft further saieth that before suche tyme as the saide baliffes could ympanell anie Jurie of the Inhabytants or neighboures in the said Towne of Carleton w[hi]ch for that p[u]rpose was sommoned & commanded to be there for the praisinge & viewinge of the defendts goods & chattles then & there taken according to there warrant one Chrastofer Prissicke Thomas Skarth of Carleton the younger Mychell Mybourne servante unto the said Willm Marwood & div[er]se others came & p[re]tendinge that the Compleyn[an]ts goods then in his howse & alsoe all other his goodes moveable & unmoveable were granted unto the saide Willm Marwood the said Christofer Pressicke chardginge the neighboures & inhabytants in her ma[jes]ties name & in the name of Willm Marwood not to intermeddle w[i]th the praysinge of anie of those goods soe taking whereupon the saide Baliffes were enforced to goe to Stoxley being a market towne w[i]thin twoe myles of the said towne of Carleton & there dyd ympanell a iurie whoe upon there oathes praised suche of the Compleyn[an]ts goodes & Chattelles as was att that tyme founde accordinge to the purporte of the warrante to them directed and as this deft thinketh upon Retorne made by the said balyffes of there p[ro]ceedings therein for that the said Complt did not satisfie the said debte soe Recorded there was further p[ro]cees of vendicon exponas or vendir facias directed to the then Sheriffe & warrant made to the saide Baliffes to Sell the saide goodes & to doe further as by vertue of there p[ro]cees was enioyned by vertue whereof p[ar]t of those goods was lawfull solde as this deft verylie thinketh: And the said Willm Denton Clerk for him selfe saieth that after the saide Thomas Skarth the defendant had entred into the saide house for contynuynge of his possession of twoe p[ar]ts thereof & the entrie of the said deputie baliffes for vewinge of the saide goodes this deft [?hereaige?] thereof wente alsoe to the saide howse to see there were noe disorders or spoile made by the baliffes or anie that did assist him and p[er]ceyvinge the Complt was not then at home w[i]thin one howre or thereabouts after the first entrie of the baliffes this defendt sente for the Complts wiffe & willed her to take forthe for her & her childrens use suche appells & vittalls as she thought necessarie & all suche money or goulde or Jewells yf she had or knewe of anie suche to take them awaiew[i]th her whereupon the saide Complts wiffe then by her selffe & at other tymes shee & her sister & the wiffe of the saide Willm Marwood & others wente into the Chambers & parlers of the ... howse & tooke what they thought convenyent w[i]thout controll And soe this deft staied about five or sixe howres in the said howse & soe dep[ar]ted And the saide John [?Rutter?] for himselfe saieth after the entree of the baliffes & of the saide Thomas Skarth one of these defts the next daie after he came in peaceable manner to see the said Thomas Skarth & staied twoe or three howres or there abouts & soe dep[ar]ted: And as to anie unlawfull assemblies forceable breakinge doune of the saide howse assaltinge or beatinge of the saide Complts wiffe & children wilfull spoile or wastinge of anie corne mewe or hey stackes or Compactinge to call the Complt before the Lord Treasorer & taking forth of anie Chest, horne, bladder or other place in the Complts house anie monye goulde or Jewelles these defts saie & ev[er]ie of them for him selfe sev[er]ally saieth he ys not thereof or anie p[ar]t thereof giltie in manner forme as w[hi]che said bill as alledged w[i]thout that that the said Complts wiffe ys hurte or had anie violence donne her to these defendts knowledge whie shee should be lame of one of her armes or that they locked the doores in unlawfull mann[er] or affirmed that yf there were a thousand pounds in the howse yt were her ma[jesties] & theres ownes as in the saide Bill is surmysed or that they unlawfully tooke wasted or consumed the Complts goods or that the Complts goods was of anie suche value as in the saide Bill is surmysed or that the said debte owinge by the Compleyn[an]t unto the saide Francis Skarth ether was or coulde be bought in such sort as in the same bill is alledged or that these defts or [...] of them suborned anie witnesses in that Courte as in the said Bill is moste untrulie alledged or that anie bond was given by Thomas Skarth or John Denton to the said balyffes other then for savinge them harmeles of the sale of c[er]ten of the Complts goodes w[hi]ch w[i]thout anie suche bond by vertue of there warrant of vendicone exponas they sa..flie might have donne or that anie bond.. w[hi]ch might lawfullie have been taken for answeringe of the said debt to Francis Skarth was refused or that they have given forth speeches they have p[ro]vided to spende tenne pounds yerelie in suits to wearie the Compley[nan]t or that there ys anie other matter or thinge in the saide Bill conteyned not sufficientlie answered confessed & avoided or trav[er]sed and denyed ys true all w[hi]ch matters these defts are reedye to avere & p[ro]ve unto this [Honorable] Courte & prayd to be dismissed w[i]th there costs & charges in this behalffe wrongfully susteyned

Robert Cooper