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Oxford & Atslowe vs. Bury et al.

STAC 5/O5/08/4 (complaint)

To the Quenes moste excellente Ma{ies}tie

Humblye Complayninge showeth vnto your most excellente Ma{ies}tie your obedient Subiect{es} Edward Earle of Oxenford, and Edwarde Atteslowe of London Doctor of Phisick. That wheras the said Earle, one of yo{u}r ma{ies}t{es} said subiect{es}, beinge lawfullye seized in his demeasne as of fee of and in the Manor of Downeham w{i}th thappurtenaunces sett lyinge & beinge in Downeham in the Countie of Essex of which said Mannor one parcell of wast ground or Com{m}on beinge parcell of one great Com{m}on commonly called Stock Com{m}on in the said Countie, is and tyme oute of mynde of man alwaies hath byn parcell. Hath by his sufficient assuraunce and conveyaunce in the lawe longe tyme past, Demysed graunted and to farme letten vnto the said Edwarde Atteslowe and his assignes, The said Mannor w{i}th Thappurtenaunces and the said p{ar}cell of Com{m}on beinge p{ar}cell of the said greate comon comonly called Stock Comen: To haue and to holde vnto the said Edwarde Atteslowe one of yo{u}r Ma{ies}t{es} said subiect{es}, his executours & assignes, for diuers yeres yetttocome and vnexpired. By vertue of whiche demyse the said Edwarde Atteslowe yo{u}r Ma{ies}ties said subiecte was and is therof lawfully possessed, for and duringe the said terme of yeres yet enduringe. vpon which said p{ar}cell of Com{m}on the said Edward Earle of Oxenford and the Auncestors of the said Earle, and those whose estate he and they haue and had in the said Mannor and p{ar}cel of comen haue tyme oute of mynde of man, felled wood & trees therevpon growinge from tyme to tyme, as in and vpon his and their prop{er} Inheritaunce. w{i}thout any clayme or Resistment of any p{er}son or p{er}sons. And wher also the said Edward Atteslowe one of yo{u}r Ma{ies}t{es} subiects occupyinge and Manuringe the said Mannor and other the premisses in his owne Manuell possession by vertue of the demyse aboue mencioned. and hauinge sufficient Title and Authoritie by good & lawfull Conveyaunce and graunt by and from the said Earle, to fell in and vpon the said mannor & the demeasnes therof, and of the same Com{m}on or Waste p{ar}cell of the said Mannor, suche Tymber trees and wood{es} as are mete and convenyent for the necessary Rep{ar}ac{i}ons and maintenaunce of the houses and Building{es} in and vpon the said Mannor & other the p{re}misses, beinge in decaye and for the necessarye fewell to be spent vpon the premisses demysed: Did require one Richard Thimblebye gentleman servaunt vnto the said Earle, and one Thomas Clarke, servant vnto the said Edward Atteslowe one of yo{u}r Maiesties said subiect{es}. To goe vnto the said p{ar}cell of Com{m}on To marke oute Tymber Trees, suche as they thought mete and convenyent for that purpose, Comittinge to the said Thomas Clarke his servaunte, a speciall Charge, To see the said houses and Building{es} to be kepte in sufficient and necessarye Reparacions. And willed him to ffell and take or cause to be felled and taken vpon the demeasnes of the said Mannor or the said p{ar}cell of Com{m}on suche convenient Trees growinge in and vpon the saide Com{m}on or waste, as shoulde be thought and demed by the said Richard Thimbleby, and the said Thomas Clarke mete to the supplye of the same necessary rep{ar}ac{i}ons. Which said Richard Thimbleby and Thomas Clarke, accordinge to the apointm{en}t of the said Edward Atteslowe one of yo{u}r Ma{ies}t{es} said subiect{es}. Did the Wednesday in Easter weeke, last past beinge the sixte of Aprill last, goe in most peaceable manner into the said Com{m}on to survey and searche oute there what trees might be conveniently taken vpon the said Com{m}on, for the said necessary rep{ar}ac{i}ons of the said houses. And so did remayne in god{es} peace and yo{u}r Ma{ies}t{es} vpon the said p{ar}cell of Com{m}on vntill one Iohn Paschall by the comaundem{en}t and appointm{en}t of one ffraunc{es} Burye beinge a most busye and troublesome p{er}son, Accompanyed w{i}th Bennett Strutt, Henry Abell, Stephen Humfrey, Robert Revell, Phillipp ffreeman, Richard Hinde, Will{ia}m Reynoldes, Robert Woolley, Iohn Parnell, Iohn Redre al{ia}s Readon Tho{mas} Tyrrell, Robert Cowp{er}, Nicholas Tabor, Richard Humfrey, Edward Baylie, and Iohn Trotter, and diu{er}s other Riotous and disordered p{er}sons, to the number of xltie or therabout{es}, the names of p{ar}te of them beinge vnknowne, did assemble them selues in most Riotous mann{er} vpon the said Com{m}on, and then and there fforgettinge their Allegiaunce and dutie to yo{u}r Ma{ies}tie and in Contempte of yo{u}r Ma{ies}t{es} good and holesome lawes in that case prouided and established, Did then and there Riotouslye, take vpon them to ffell and cutt downe certaine Trees growinge vpon the said Com{m}on, beinge the Inheritaunce of the said Earle: and in the possession of the said Edward Atteslowe yo{u}r Ma{ies}t{es} said subiect then p{re}tendinge to colour their disordered and riotous deallinge and behaviour in and vpon the said p{ar}cell of Com{m}on a fayned Title to the said p{ar}cell of Com{m}on. Whervpon one of the ffellowe servaunt{es} of the said Thomas Clarke, did spedely repayre to the house of the said Edwarde Atteslowe one of yo{u}r Ma{ies}t{es} said subiect{es} & suppliant{es} in London. And the said Edward Atteslowe beinge then absent & oute of london, and attendinge vpon his vocation, did give notice therof to the wife of the said Edwarde of the Attempte of the said Iohn Paschall and his disordered Riotous companye in fellinge spoylinge and Caryinge awaye the Tymber Trees growinge vpon the said p{ar}cell of Com{m}on. Not only the said sixte daye of Aprill. But also the xviijth and xixth daies followinge. Whervpon the wife of the said Edward Atteslowe, one of yo{u}r highnes saide subiect{es} in the absence of her said husband, did directe and com{m}aunde the said Thomas Clarke, to goe againe to the said p{ar}cell of Com{m}on, and to forbidde the said Iohn Paschall in quiet and peaceable mann{er} not to intermedle w{i}th the said trees or the possession of or in the said Com{m}on And further willed the said Thomas Clarke, to fell and cause to be felled in and vpon the said Com{m}on suche necessarye and convenient trees as might most convenyently serve for the Rep{ar}ac{i}ons of the foresaid houses. And also for the better preservac{i}on of the Title and Inheritaunce of the said Earle one of yo{u}r highnes said subiect{es}. and the possession of the said Edward Atteslowe one other of yo{u}r highnes said subiect{es} and peticion{er}s of and in the said Com{m}on. By reason wherof the said Thomas Clarke and certaine other of the servaunt{es} and hired laborers of yo{u}r said subiecte. Did in most peaceable mann{er} repayre againe vnto the said p{ar}cell of Com{m}on, the xxth day of Aprill last past, and then and there did marke oute and fell diu{er}s of the Trees there growinge vpon the said p{ar}cell of Com{m}on intendinge to haue carryed the same vnto the saide Mannor house, accordinge to the appointm{en}t of the wife of the said Edward Ateslowe, one of yo{u}r Ma{ies}t{es} said Subiect{es} But so it is, if it maye please yo{u}r Ma{ies}tie, That the said Iohn Paschall beinge a very contentious p{er}son, ready to enter into any quarrell, & nothinge at all regardinge yo{u}r Ma{ies}t{es} lawes and statut{es} nor the penalties of the lawe, and beinge further procured by the said ffraunc{es} burye gent{leman}, and beinge also accompanyed with diuers riotous and outragious p{er}sons, that is to saye, the said Bennett Strutt, Henry Abell Stephen Humfrey Roberte Revell Phillip ffreeman Richarde Hinde, William Reynold{es} Roberte Wolley Iohn Parnell Iohn Redre alias Reder Thom{as} Tyrrell Rob{er}te Cowp{er} Nicholas Tabor Richard Humfery Edwarde Baylie, and Iohn Trotter [of ______], beinge furnished w{i}th diu{er}s & sondry forcible weapons as swordes Rapiers daggers fforrest billes, piked staves & other warlike & violent weapons of force. And hauinge also in their Companye & for their evill purpose diu{er}s other riotous & disordered p{er}sons to the nomber of xltie p{er}sons, or therabout{es}, to yo{u}r said subiect{es} vnknowne. did in most riotous mann{er} and by great Route assemble them selues togither vpon the said p{ar}cell of Com{m}on the said xxth day of Aprill last past & there w{i}thoute all care of their Allegiaunce or dutyfull obedience vnto yo{u}r Ma{ies}tie and in contempte of yo{u}r Ma{ies}t{es} lawes & statut{es} & nothinge fearinge or regarding the penalties of the same, did then and there togither w{i}th the said riotous p{er}sons, armed & arrayed w{i}th the foresaid forcible weapons, that is to saye, w{i}th pikes staves, fforrest billes, pike forkes, swordes, rapiers, daggers, & other warlike & violent weapons in most warlike mann{er} [did] forcably enter in & vpon the said p{ar}cell of Com{m}on. And did then and there ffell, take, and carry awaie certaine of the said wood{es} underwood{es} & Trees that were standinge in and vpon the said p{ar}cell of Com{m}on, in quiett possession in god{es} peace and yo{u}r Ma{ies}t{es}, and Carrynge awaye the Trees that were soe appointed to be felled & carryed awaye by the said Thomas Clarke as aforesaid, beinge then also in god{es} peace & yo{u}r Ma{ies}t{es}, vpon the said Com{m}on. Whervpon diu{er}s honest and weldisposed p{er}sons, That is to saye, the said Richard Thimbleby, Iohn Glascock the elder, Iohn Glascock the yonger, Iohn Griffyn, Iohn Bundocke, Charles Bundock, Edmu{n}d Vincent, George Hill{es}, Will{ia}m Knightbridge, Iohn Hartford, Will{ia}m Ellyott, Robert Clarke, Robert Buckley, Richard ffreeman and Iohn Coppin beinge vpon the said p{ar}cell of Com{m}on vpon diu{er}s occasions. And seinge the said Iohn Paschall, Bennett Strutt, Henry Abell, Stephen Humfrey, Roberte Revell, Phillipp ffreeman, Richarde Hinde, William Reynoldes, Roberte Woolley, Iohn Parnell, Iohn Redre alias Reder, Tho{mas} Tyrrell, Roberte Cowp{er}, Nicholas Tabor, Richard Humfery, Edward Baylie, & Iohn Trotter to be outeragious & crewell, And p{er}ceavinge that the said Thomas Clarke and other the servaunt{es} of the said Edward Atteslowe, shoulde be in daunger of their lives through the Riotous & crewell assaulte of the said Iohn Paschall and other his riotous adherent{es}, & company aboue named, if it were not by some good & spedy meanes pacifyed, did in yo{u}r highnes name, will and straightly co{m}maunde the said Iohn Paschall, Bennett Strutt, Henry Abell, Stephen Humfrey, Roberte Revell, Phillipp ffreeman, Richarde Hinde, William Reynoldes, Roberte Woolley, Iohn Parnell, Iohn Redre alias Reder, Tho{mas} Tyrrell, Roberte Cowp{er}, Nicholas Tabor, Richard Humfery, Edward Baylie, & Iohn Trotter & other his & there riotous adherent{es} aboue named to Surcease their outeragious misdemeanours and riotous assault{es}, wishinge them that suche Title as they or any of them did p{re}tend to the said Com{m}on, might be Tryed in peaceable mann{er} at and by the ordinarye meanes of yo{u}r Ma{ies}t{es} lawes. But the said Iohn Paschall and other his riotous Company abouenamed notw{i}thstandinge they were comaunded in yo{u}r highnes name to kepe yo{u}r Ma{ies}t{es} peace, and to surcease their wicked attempt{es}, did the more fierslye & riotouslye assaulte aswell the said Iohn Bundocke Charles Bundock Edwarde Vincent George Hilles Will{ia}m Knightbrydge Iohn Harteforde Will{ia}m Ellyott Rob{er}te Clarke Roberte Buckley Richard ffreemam and Iohn Coppyn as also the said Thomas Clarke & other the servaunt{es} of the said Edward Atteslowe one of yo{u}r highnes subiect{es} And the said Iohn Paschall did most violently w{i}th his sworde drawne in his hand Accompanyed w{i}th his said riotous persons & adherent{es} aboue named, very fierslye runne at the said Thomas Clarke and other the servaunt{es} of the said Edwarde Atteslowe, & most cruelly & violently and in riotous and forcible manner did wounde and hurte ^\\the saide Thomas// and did beate and very evill intreate, the said Iohn Bundock ^\\Charles Bundock// Edmonde Vincent George Hill{es} Will{ia}m Knightbridge Iohn Harteford Will{ia}m Elliott Robert Clarke, Roberte Buckley, Richard ffreeman, & Iohn Copyn beinge then and there in god{es} peace and yo{u}r Ma{ies}t{es} and indeavoringe them selues to see yo{u}r Ma{ies}t{es} peace to be kepte, and to p{re}serve the life of the said Thomas Clarke & other the servaunt{es} of the said Edwarde, and did in most riotous & forcible mann{er} enter vpon the said Com{m}on & beate the said Thomas Clark & other the servaunt{es} of the said Edward Atteslowe out of the said Com{m}on. To the disherison of the said Earle & to the dispossessinge of the said Edward Atteslowe and to the most dangerous & evill ensample to other yo{u}r Ma{ies}t{es} subiect{es} to attempe & committ the like riotous & forcible outerage, & to the great inconvenyence & molestac{i}on of the whole Realme, if dewe condigne & severe punishm{en}t be not prosecuted and laide vpon the said Iohn Paschall and other his riotous company confederates and adherent{es}. In tender considerac{i}on whereof: Maye it please yo{u}r highnes of yo{u}r aboundant zeale to Iustice - To graunte ^\\to// yo{u}r Ma{ies}t{es} suppliants yo{u}r highnes most gracious writt{es} of Subpena to be directed to the said ffrancis Burye Iohn Pascall Henry Abell Bennett Strutt, Stephen Humfrey Roberte Revell, Phillip ffreeman, Richard Hinde, Will{ia}m Raynolds, Roberte Wolley, Iohn Parnell, Iohn Redre al{ia}s Readen Tho{mas} Tyrrell, Robert Cowper, Nicholas Tabor, Richard Humfrey, Edward Baylie, and Richard Trotter, Commaunding them and every of them therby, Not onlye to appeare before yo{u}r highnes, and yo{u}r highnes most honorable priuiye Counsaile, in yo{u}r Ma{ies}t{es} high courte of Starre chamber, Att a certaine daye, and vnder a certaine payne by yo{u}r highnes to be limitted, and there to answer to this and all other their Riott{es}, Routes and Misdemeanours, comitted heretofore vpon the said Com{m}on againste yo{u}r Ma{ies}t{es} laues. But also further to stande ^\\to// and abide suche order and direction therin, as by yo{u}r highnes saide honorable Counsaile shalbe thought to stande w{i}th Iustice and equite. And yo{u}r Ma{ies}t{es} said subiect{es} shall accordinge to their Dutie, daylie praye to god for the longe Contynuance of yo{u}r Highnes Raigne in all prosperite.

Tho{mas} Gent lector

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