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Oxford vs. Richard Payne, John Lennard, Edward Barthdell, Anthonye Barthdell, et al. (1587)

PRO STAC5/O3/35/3 (Oxford's Complaint)

To the Quenes moste excellent Maiestie./

Complayning shewith vnto yo{u}r moste excellent Mai{es}tie yo{u}r Loyall and faithfull Subiect Edward de Vere Earle of Oxon' Viscount Bulbeck Lord of Badelesmere and Scales, and Lord greate Chamberlin of England, That whereas one Iohn Ellis Clarke Maister of the hospitall of the late King Henry the seaventh called the Savoy, and the fowre p{er}petuall Chapleyns of the same Hospitall were seised, in theire demesne as of fee in the right of theire said hospitall of and in the Manno{u}r of Alvethley w{i}th the app{ur}ten{au}nces in the countye of Essex of the cleare yearely value of fyve hundreth m{ar}kes, and so seised the said M{aster}r and Chaplens afterwardes That is to saye the seavententh daye of Iune in the fyfthe yeare of the Raigne of the late Kinge Edward the Sixte [=17 June 1551] by theire Indenture sealed w{i}th theire com{m}on Seale bearing date the same day and yeare did demyse graunte and to farme lett the said manno{u}r w{i}th the app{ur}ten{au}nc{es} amongest other thing{es} to one Henry Saxty To haue and to hold to the said Henry Saxty his executors and assignes from the feaste of St Michaell Tharchangell w{hi}ch then should be in the yeare of o{u}r Lord god one thowsand fyve hundred fowre score and fyve [=1585] for and during the terme of one and thirtye yeares then next following and fully to be compleat and ended, By force whereof the said Henry Saxty was of the interest of the said terme of Thirtye and one yeares of and in the said manno{u}r w{i}th the app{ur}tenaunces possessed, and so possessed the said Henry Sacty afterward{es} that is to saye the fyfth daye of Maye in the ffyrste yeare of the Raigne of the late Quene Marye [=5 May 1553] at Alvethley aforesaid by his Indenture sealed w{i}th his Seale bearing date the same daye and yeare did graunte and assigne all his right state tytle interest and terme of yeares aforesaid w{hi}ch he had then to come of and in the said manno{u}r w{i}th the appurten{au}nc{es} to one Iohn Eliott, by reason whereof the said ^\\Iohn// Eliott was of the said Interest of the said terme of one and Thirtye yeares of and in the said Manno{u}r and other the p{re}misses w{i}th the appurten{au}nc{es} amongest other thing{es} then to come lawfully possessed. And he the said Iohn Eliott being thereof possessed afterward{es} That is to saye in Easter terme in the eight yeare of yo{u}r highnes moste happye Raigne [=1566], one Raphe Baldwyn gent' in yo{u}r highnes courte of com{m}on pleas here at Westm{inster} recovered in due fourme of lawe before Iames Dyer knight and other his fellowes then Iustices of yo{u}r highnes said courte againste the said Iohn Eliott the some of One hundred and threscore pound{es} of dett and three pound{es} damages, as by the Record thereof remayning in yo{u}r highnes said courte of Com{m}on pleas more at lardge appeareth. Wherevppon afterward{es} That is to saye the Twoo and Twentith daye of Maye then next following [=22 May 1567] the said Raphe Baldwyn sued owt of the same courte of com{m}on pleas a Capias ad satisfaciend{um} againste the said Iohn Eliott directed to the Sheriff{es} of the said countye of Midd' for that tyme being, who in due fourme of lawe retorned the said writt that the said Iohn Eliott was not to be founde: wherevppon afterward{es} That is to saye the thirde daye of Iuly then next following [=3 July 1567] the said Baldwyn sued owt a writt of Exigent directed to the said Sheriffe of Midd' Retornable in Octavis S{a n}c{t}i Hillarij then next following. By force whereof the said Iohn Eliott being at fyve seu{er}all countye court{es} lawfully holden w{i}thin the said countye of Midd' in due fourme of lawe fully demaunded made default, wherevppon the said Iohn Eliott was by Iudgement of the Coron{er}s of the same countye in due fourme of lawe owtlawed, w{hi}ch writt of Exigent was lawfully and orderly retorned by the then Sheriff of the said countye of Midd' at the said daye of the Retorne hereof, The last of w{hi}ch said countye court{es} was holden at New Brayneford in the said countye of Midd' the one and twentith daye of November in the nynthe yeare of yo{u}r highnes moste prosperous Raigne [=21 November 1567] , and so retorned vppon the backe of the said wryt of exigent, the said one and Twentye being written w{i}th two (xx) and one (j) ### thus (xxj) at the verye last end of a lyne vppon the backsyde of the said writt of Exigent By reason of w{hi}ch said owtlawrye yo{u}r highnes was aswell of the interest of the said terme of one and Thirtye yeares of and in the said mannor w{i}th the app{ur}ten{au}nc{es} as of all and singuler the good{es} and chattells w{hi}ch the said Iohn Eliott had at the tyme of the said outlawrye p{ro}nounced lawfully possessed And soe possessed yo{u}r highnes afterward That is to saye the nynetenth daye of m{ar}che in the thirtenth yeare of yo{u}r Maiesties Raigne [19 March 1571] by yo{u}r highnes L{ett}res Patent{es} vnder the greate Seale of Ingland bearing date at Westm{inster} aforesaid the same daye and yeare did gyve and graunte the said Interest of the said terme of xxxj yeares of and in the said manno{u}r w{i}th the app{ur}tenaunc{es} vnto Nazareth Southwell wydow her executors and assignes to her and theire owne p{ro}per vse By force whereof the said Nazareth Southwell was of the interest of the said terme of one and Thirtye yeares of and in the said Manno{u}r w{i}th the app{ur}ten{au}nc{es} possessed, and so possessed the said Nazareth afterward{es} That is to saye the Tenth daye of October in the Thirtenth yeare of yo{u}r highnes moste happye Raigne [=10 October 1571] by her certayne wryting sealed w{i}th the Seale of the said Nazareth bearing date the said daye and yeare laste aboue mencioned did gyve and graunte vnto ^\\one// Anne Eliott her said Interest and terme of yeares of and in the said Manno{u}r w{i}th the app{ur}tenaunc{es}. By force whereof the said Anne Eliott was of the said Interest of and in the said Manno{u}r possessed And she thereof so being possessed afterward{es} toke to husband one Rob{er}te Harrys gent' By force whereof the said Rob{er}te Harris and the said Anne then his wyfe were of the foresaid Interest of the said one and Thirtie yeares of and in the said manno{u}r w{i}th the app{ur}tenaunc{es} as in the right of the said Anne then his wyfe possessed And he so thereof being possessed, the said Rob{er}te Harris afterward{es} That is to saye the Sixth daye of Iune in the Three and Twentyth yeare of yo{u}r highnes Raigne [=6 June 1580] by his Indenture of assignement sealed w{i}th his seale bearing date the same daye and yeare laste above mencioned Did bargayne and sell to yo{u}r said Subiect and his assignes foreu{er} all his Interest and terme of yeares of and in the foresaid manno{u}r w{i}th the app{ur}ten{au}nc{es} By force whereof yo{u}r said Subiect was of the said Interest of the said terme of one and Thirtye yeares of and in the said manno{u}r lawfully possessed. And afterward{es} That is to saye in or abowt the Thirtith daye of September in the said yeare of o{u}r Lord god 1585, yo{u}r said Subiect entred into the said manno{u}r w{i}th the app{ur}ten{au}nc{es} and was thereof lawfully possessed. But so it is moste gracious Sou{er}aigne That one Rychard Payne esq{uie}r p{re}tending title to the said Lease and seaking to defeate yo{u}r said Subiect{es} lawfull estate and interest in and to the same in or abowt Easter terme laste past delt and practized w{i}th one Iohn Lennard esq{uie}r then and yet being Custos breviu{m} in yo{u}r said Highnes courte of com{m}on pleas to haue the same writt of Exigent owt of the office and custodye of the said Iohn Leonard by whose p{er}swasion meanes and practize the said Iohn Lennard was content and suffered voluntarily and willingly the said writt to be brought and caryed from hand to hand into dyu{er}s places and howses in or neare yo{u}r Maiesties Cittie of London, as to S{er}ieant{es} Inne in Chauncery lane, the Inn{er} Temple and els where contrary to his dutye chardge and office to whome it app{er}teigneth to keape and p{er}serue all yo{u}r Maiesties writt{es} and Record{es} com{m}itted to his chardge and not to suffer them to be eloigned, caried, or had into straunge hand{es}. And the said Rychard Payne and Iohn Lennard confederating them selves w{i}th one ^\\Will{ia}m Stamford// and Rychard Whalley two of the clarkes in the office of the said Iohn Lennard, Edward Barthlett gent', and Anthony Barthlett gent' two of the sonnes in lawe of the said Rychard Payne and one Thomas More gent' w{i}th dyu{er}s other, the sayd Iohn Lennard by p{ro}curement of the said Rychard Payne delyu{er}ed vnto them or one of them or willingly suffered them the said Stamford, Whalley, Barthlett, Barthlett, and Moore or some or one of them or some other suche as they or some of them did appoynt to take & convey owte of the said office of Custos breviu{m} the said writt of Exigent solely, or amonge many other together of one Bundell, and the same to carye from place to place as aforesaid at the will and pleasure of the said Rychard Payne vnto suche p{er}son or p{er}sons as he did appoint and to diu{er}s others. By reason of w{hi}ch p{er}swasion, practize, voluntarye sufferaunce, confederacye, conveying and carying of the said writt owt of the said office, the said writt of Exigent whervppon the said Iohn Eliott was outlawed became and was so neare pared or in p{ar}te cut awaye vppon thedge of the same as that the said nomber of xxj was made but xx (viz) by cutting or paring awaye the noumber ^\\or// letter j standing in the verye laste end of the lyne on the backesiyde of the said writt nere vnto the edge or syde thereof, and leavinge the twoo xx standing alone) by reason of w{hi}ch cutting or paring awaye yo{u}r Mai{es}tie is lyke to be defeated of yo{u}r interest in and to the good{es} and chattells of the said Iohn Eliott and yo{u}r subiect{es} said interest and Tytle in and to the said lease to be avoyded to the greate losse and hindraunce of yo{u}r said Subiect W{hi}ch [doing] evill and wicked acte althoughe the verye author or doer of this paring or cutting awaye be vnknowne vnto yo{u}r said Subiect, yet hath the same happened, or come to passe, by and throughe the said offences and misdemeano{u}rs of the said Iohn Lennard Rychard Payne and the other p{er}sons before named. And to manifest more playnely vnto yo{u}r Maiestie that the said Record hath byn abused as aforesaid yt doth appeare that all the other Exigent{es} of the same retorne w{i}thin the said countye of Midd' remayning in the said office bene and contynue written as they ought to be w{i}th the said daye and the said nomb{e}r of xxj and the very selfe same Exigent aforemencioned w{i}th the retorne thereof hath byn before this tyme vnd{er} the seale of yo{u}r Maiesties said courte of Com{m}on pleas exemplified, in w{hi}ch Exemplificac{i}on the said numb{er} of xx is playne and p{er}fectly expressed, and in lyke p{er}fect manne{r} are two coppies of the same writt and retorne heretofore taken owt vnd{e}r the hand{es} of some Clarke and officers having chardge of the same / In tender consideracion whereof and for that the offence and misdemeano{u}r of the said Iohn Lennard being an officer of so greate truste tending bothe to the losse of yo{u}r maiestie and also of yo{u}r said subiect, deserveth to be severely ponished, and for that the said losses and harme both to yo{u}r mai{es}tie and to yo{u}r said subiect hath originally growne by the meanes of the having and carying of the said writt owt of the said office p{ro}cured by the said Rychard Payne and caryed by the said ^\\Willyam// Stamford Rychard Whalley Edward Barthlett Anthony Barthlett and Thomas Moore or some one of them or by some other by there meanes or p{ro}curement. Maye it please yo{u}r highnes the p{re}misses considered to graunte vnto yo{u}r said Subiect yo{u}r moste gracious writt{es} of Subpena to be directed vnto the said Rychard Payne, Iohn Lennard, Wyllyam Stamford, Rychard Whalley, Edward Barthlett, Anthony Barthlett, and Thomas Moore, com{m}aunding them and eu{er}ye of the{m} by the same at a daye and tyme certayne and vnd{er} a certayne ^\\payne// in the same to be lymitted p{er}sonally to appeare before yo{u}r Maiestie in yo{u}r courte of Starre chamb{er} then and there to aunsweare the p{re}misses and further to abide suche ponishm{en}t for theire said offences as to yo{u}r Maiesties moste honorable p{ri}vye counsell shalbe thought meete and convenient. And yo{u}r said Subiect shall praye to god for yo{u}r moste excellent Maiestie in all felicitye longe to raigne ou{er} vs.

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