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Oxford & Atslowe vs. Bury et al.

PRO STAC 5/O5/08/1 (answer/s : 17 June 1580)

Iur{atus} xvijo Iunij 1580

The Ioynt & seuerall answeres of Thomas Terrell Phillipe Nevell & Humfrye Nevell \\defendant{es}// to the bill of compl{ain}t of Edward erle of Oxenford & Edward Atslowe Doctor of Phisycke compl{ain}t{es}

The said defendant{es} for answer sayen & every of them say that the said bill of compl{ain}t agaynst them in this honourable courte exhibited is vntrewe & the matters therin contayned are devised framed feigned & sett forthe to putt the said defendaunts, beinge very poore men to wrongfull vexaciones costes & charges, intendinge to weary the sayd poore men who by Reason of their extreme povertye and want of lyvinge are not able to withstand or sustayne the great charges of the sute for the tryall of their innocency herin as also to culloure therbye the most wicked, disordered, & Riottouse dealinges of Thomas clarke W{illia}m Seymore W{illia}m price & others servant{es} to the sayd Edward Atslowe and by his comaundment of Iohn Bundocke, charles Bundocke Edmund vincente George hilles, W{illia}m knightbridge, Iohn Harteford, W{illia}m ellyott Robart clarcke, Robart buckle, Richard freman, Iohn coppin Thomas Geele & others vnknowne, which said bill is insufficient to be answered vnto the advantage of exception to the insuffyciencye thereof vnto the said defendant{es} now and at all tymes hereafter saved the said defendants for furder declaracione of the trothe saye that fraunces Burye is in the right of Anne his wyf lawfully seized in their demesne as of frehold of the manno{u}r of pressones in Southanningfeld in the county of Essex w{i}th the app{ur}tenanc{es} of w{hi}ch manno{u}r one p{ar}cell of common or wast grownde called p{re}ssones com{m}on is & tyme owte of mynd of man hathe allwayes byne p{ar}cell & app{er}tayninge, and that the said ffraunces burye being thereof so lawfully seized and his p{re}decessoures & thay whose estate he & his said wyf nowe haue & hadde in the said mannor & p{ar}cell of com{m}on haue tyme out of mynde of man felled & lopped wood & trees growinge in & appon the same com{m}on from tyme to tyme as in & appon their p{ro}pp{er} inheritance and frehoulde. Withowt that that the said p{ar}cell of com{m}on called pressones 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 ancestors of the said Erle of Oxenforde or any other for them or to their or his vse did ever fell to the knowledge of the defendant{es} any wood or trees in or appon the said common of pressones as in the sayd bill is most vntrewly alledged Without that also that the said defendant{es} or any of them did at any tyme in any disordered manner or Riottouse wise fell or carrye awaye any wood or trees in the said com{m}on. And without that that the sayd defend{an}t{es} or any of them did assemble them selves in any Riottousse manner appon the said common with any [suche] Riottouse or vnlawfull weapones, or did at any tyme violently or disorderedly assault beate wound or evill intreate any of the p{er}sones in the said bill mencyoned or otherwise delte therin then thay lawfully mighte, or that the said Edward Atslowe or any for him was ever in possessione of the sayd common wood or trees growinge therappon to the knowledge of these defendant{es} or that the said Erle of oxenforde or the said Edward Attslowe hathe any right to the same as in the said bill is vntrewlye declared. and withowte that that the said Richard Thimblebye or Thomas clarke did at any tyme forbydd any of the said defendant{es} to fell or cutt downe any of the wood or trees appon the sayd common before the saide Thomas clarke and other his adherent{es} by force drawe the said defendant{es} ^\\of or// from the said com{m}on of pressones as in the said bill is very vntrewlye alledged. and without that that the said Iohn Paschall vsed any violence to any of the said servaunt{es} of the said Edward Atslowe or his complices but the said defend{an}t{es} beinge in quiet & peacable possessione & in god{es} peace and your ma{ies}ties the said Riottous & disordered p{er}sons [+that is] to say Thomas clarke W{illia}m Price W{illia}m Seymore, Iohn bundocke, charles bundocke, Edmund Vincent Georges Hilles & diverse others accompanynge them w{i}th ryottouse & forceable weapones {+that is] to say w{i}th pyke staves forrest{es} bille grayne staves and other warlyke and riottouse weapones of force did violently fell certain trees appon the said common and ^\\in// most cruell & outragious manner fastened a rope & horses to ^\\one of// the said trees and with great force & furye drave forthe ^\\the// horsses and overthrewe Thomas terrell one of the said defendant{es} to the great perrell & danger of his lyffe and most tyrannouslye and wyckedly cryed Drawe awaye kyll the villayne kill the villayne wher appon the said Iohn Paschall seinge the said Terrell in suche p{re}sent daunger to haue byn torne in peces w{i}th the tree drewe out his rappiour to haue cutt the roppe in sunder but offered noe violence to any of the p{er}sones named in the said bill as in the said bill is vntrewly alledged and withowte that that ther is any other matter or thinge in the sayd bill of compl{ain}t contayned materiall in the lawe to be answered vnto & nott herein sufficiently confessed and avoyded, traversed or denyed is trewe all which matters the said defendant{es} are ready to aver & proue as this honourable courte will awarde & pray to be dismissed owte of the same w{i}th their Reasonable cost{es} & charges in that behalf wrongfully susteyned

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