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Oxford & Atslowe vs. Bury et al.

STAC 5/O5/08/3 (answer/s 11 June 1580)

xi Iunij 1580

The Ioynt & seuerall answers of ffraunc{es} Burye gent' Iohn Paschall gent' Bennett Strutt Robart Woley W{illia}m Renolde Stephen Humfrey, Richard Humfrey, Phillipe ffreman, Henrye Abell & Iohn Parnell to the Bill of compl{aint}t of Edward Erle of Oxenforde & Edward Atslowe Doctor of physycke

The said defendant{es} for answere sayne and every of them say that the sayd bill of compl{ain}t agaynst them in this honourable courte exhibyted is vntrewe and the matte{r}s therin contayned are devised, framed, feygned, & sett forthe: to putt the said defend{an}t{es} (the moste of them beinge verye poore menne) to wrongfull vexaciones, cost{es} and charg{es} intendinge to wearye the sayd poore menne whoe by reason of their extreme povertie & wante of lyvinge are not able to withstand or sustayne the greate charges of the sute for the triall of their innocensye herein as alsoe therby to cullour the most wickedde disordered & Riouttouse dealinges of the sayd Thomas clarke W{illia}m Seymore W{illia}m Price & others s{er}vaunt{es} to the said Edward Atslowe & by his com{m}aundement & Iohn Bandocke charles Bandocke, Edmunde Vincente, George Hilles, W{illia}m Knightbridge, Iohn Hartford, W{illia}m Ellyott, Robart clark, Robarte Buckley, Rychard ffreman, Iohn Coppin, Thomas Geele, and others, whiche said bill is insufficiente to be answered vnto, the advantage of exceptione to the insuffyciencye thereof vnto the said defendant{es} now and at all tymes ^\\hereafter// saved the sayd defendant{es} hope that forasmuche as thay haue susteyned the violence Iniurye & wronge them selves, feigned to be offered vnto the said Edward Atslowe & his confederat<.es.> and therappon for the better reformacione of the sayd Edward Atslowe & the other said Riottouse p{er}sones & for the Recompence & satisfactione of the wronge losse and damages don vnto the nowe Defendantes haue hertofore exhibited their bill of compl{ain}t into this honourable courte & by processe accordinge to the dewe forme & course of this honourable courte haue called the sayd Edward Atslowe & some of his adherent{es} to answer, & that the same matter is lyke therbye to come to tryall accordinglye and forasmuche also that diverse of the poore men now defendant{es}, that is to saye W{illia}m Renold, Henry Abell, Iohn Parnell, [+and] Richard Humfrey, were nott p{re}sent at the feigned & supposed Riott as the complaynants in their bill of compl{ain}t haue vntrewly alledged. And therfore the sayd Renolds, Abell, Parnell, and Humfrey saye that thay & everye of them are thereof not giltye as thaye are & wilbe allwayes ready to averr & proue as this honorable courte will awarde wherfore the sayd laste recyted defendants do hope that thay shall not be pressed by this honourable courte to make any furder answer vnto the sayde vntrewe suggestions of the sayde bill and praye to be dismissed owte of the same with their Reasonable cost{es} & charges by them in that behalf alltogether wrongfullye susteyned. And the said ffraunc{es} Burye one of the defendants for his p{ar}te sayethe that he beinge in the right of Anne his wif lawfullye seized in their demesne as of frehould of the said manno{u}r of pressones w{i}th the app{ur}tenanc{es} of w{hi}ch manno{u}r one p{ar}cell of common or waste grownde called pressones common is & tyme owte of mynde of man hathe allwayes byn p{ar}cell & app{er}taininge & beinge thereof so lawfully seized did will & appoynt the said Iohn Paschall one of the said defendants to go to the said p{ar}cell of common and to cause to be felled in peaceable wise the woodes & trees growinge in & appon the same common appon w{hi}ch said p{ar}cell of common the said ffranc{es} Burye & his p{re}decessours & thaye whose estate [+he] & his said wyf nowe haue & hadde in the said manno{u}r & p{ar}cell of common haue tyme out of mynd of man felled & lopped woodde & trees growinge in & appon the said common from tyme to tyme as appon their p{ro}pp{er} inheritance and frehoulde. And further the said ffranc{es} Burye saythe that he at the tyme of the said supposed Riott commytted was xxiij miles of the said common and therfore saythe he is not giltye of any Riott or Riotts or assembley in Riottouse manner nether is he giltye of any procurement of any Riott{es} or vnlawfull assembley in any Riottouse manne{r} of the p{er}sones named in the said bill or of any assault beatinge or woundinge of the complaynant{es} or their adherent{es} named in the said bill as the said complaynants in their said bill haue most vntrewly alledged. Withowt that that the said p{ar}cell of common called p{re}ssones p{ar}cell of common hathe by the tyme in the said bill expressed bene taken p{ar}cell and app{er}tayninge to the manno{u}r of Downhame or that the Auncestors of the said Erle of Oxenford or any other for them or to their or his vse did ever fell to the knowledge of the defendants any woodd, or trees in or appon the said common of pressones as in the said bill is also most vntrewly alledged, w{i}t{h}out that also that ye said defendant{es} or any of them did at any tyme in any disordered manner or Riottouse wise, fell any woodd or trees in the said com{m}on but haue them selves & thay whose estate thay haue tyme oute of mynde of man, quietly & peaceablye lopedd & felled & carryed awaye woodde one the said com{m}on from tyme to tyme at their will & pleasure as in & appon their p{ro}p{er} inheritance & freholde as thay lawfully might or that any of the said defendants did violently assaulte, beat, wound, or evill intreate any of the servaunts of the said Edward Atslowe or any of his said complices. And withowt that that the said Iohn Paschall Bennett Strutt Stephen humfrey, Phillipe freman, and Robarte Woley or any of them did assemble them selves in any Riottousse manner appon the said common with any suche Riottouse or vnlawfull weapons as the said complaynants in their said bill of compl{ain}t haue very vntrewly sett forthe or that the said defendants did at any tyme violently or disorderedly take or carrye awaye the said woodde or trees of & from the said p{re}ssones common or did assault beate wound or evillye intreate any of the s{er}vau{n}ts of the said Edward Atslowe one of the said complaynants, or otherwise dealte therin then thay lawfully mighte or that the said Edward Atslowe or any for him was ever in possession of the said p{re}ssones common woodd or trees growinge therappon or that the said Erle of Oxenforde or the said Edward Attslowe hathe any Right to the same as in the said bill of compl{ain}t is also very vntrewlye declared. And w{i}thout that that the said Thomas Clarke or Richard Thimblebye did at any tyme fo{r}bydde the said Iohn Paschall or any othe{r} the defendants to fell or cutt downe any of the woodde or trees appon the said common before the saide Thomas clarke & other his adherents by force drawe the said defendants from the said common of pressones as the said complaynant{es} haue vntrewlye declared. And without that that the said Iohn Paschall vsed any violence to any of the said servaunts of the said Edward Atslowe or other his confederates, but the said defendants beinge in quiet & peacable possessione of the said p{ar}cell of common the said Iohn Paschall seing the said Riottors alltogether bent to myscheyf & fully provided for the accomplishinge of their said Riottouse develishe & wicked intent & pu{r}pose fearinge their mischefous & wicked dealing w{i}th in deed so fell owte & for the better p{re}servacione and defence of the said ffraunces Burye and Anne their possessione and his owne saffetye & inheritance willed one of his menne to fetch his Rapiore, butt never drewe yt vntill he sawe the said Terrell by meanes of the Riottouse & Raginge furye of the said disordered p{er}sones that is to say Thomas clarke W{illia}m Price W{illia}m Seymore Iohn Bundocke, Charles bundocke, Edmund Vincent George Hilles & other there confederates in p{re}sent daunger to haue bene torne in peces w{i}th the tree wherto the said Riottors hadd fastened a rope & horsses & drewe yt appon his leggs & most wickedly & crewelly cryed drawe awaye kyll the villayne kill the villayne and then carefull as he might to saue the poore manes lyf the said Iohn Paschall drewe owt his Rapior & stroke at the Roope to cutt yt in sounder but offered no manner of violence to any p{er}sone in the said bill mencyoned no{r} offered to drawe his dagger or stryke the said Thomas clarke afterward as in the said bill is vntrewly alledged W{i}th that also that the said defendant{es} are & be seized as aforesaid of the manno{u}r of p{re}ssones in Southanningfeld [8 minims] in the countye of Essex and that the said p{ar}cell of common is & hathe byn tyme out of mynde of manne p{ar}cell & app{er}tayninge to the said manno{u}r of pressones and nott to the said manno{u}r of Downham as in the sayd bill is suggested & without that that the said defendants did Riottously assault, beate, evillye intreate, or wound the said Thomas clarke Iohn Bundocke Charles bundocke, Edmund Vincent George Hilles W{illia}m Knightbridge, Robart clark, Iohn hartforde, W{illia}m Ellyott, Robarte Buckley Rychard ffreman & Iohn Coppyn or any of them to their knowledge onlesse yt were in their owne defence and p{re}servacione of the possessione of the said ffraunces & Iohn the nowe defendants. And withowt that ther is any other matter or thinge in the sayd bill of compl{ain}t contayned materyall in the lawe to be answered vnto & not herein sufficiently confessed & avoyded, traversed or denyed is trewe, all which matters the said defendants are Ready to averr & proue as this honourable court will awarde & pray & every of them pray{i}th to be dismissed owte of the same with their Reasonable costes and charges by them in that behalf wrongfully susteyned

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