Bill of Complaint of Adam Somerscales Against Peter Tennant and Others

Bill of Complaint of Adam Somerscales against Peter Tennant and others

To the King[es] most excellent Ma[jes]tie

In all humblenes sheweth and informeth yo[ur] most excellent Ma[jes]tie yo[ur] Loyall and obedient subiect Adam Somerscales of Settle in the Countie of Yorke,

That whereas one Thomas Litton of Litton, Thomas Procter of Upper Bickw[or]th, Myles Fawcett of Nether Hesleden, and Peter Tennant late of Settle aforesaid in the Countie of Yorke, yeoman, did, in Hillarie tearme last past, being in the yeares of yo[ur] said Highnes Raigne of England, Fr[a]unce and Ireland the seaventh, and of Scotland the three and Fortieth, exhibitt theire Bill into yo[ur] highnes honorable Courte of Starchamber, against yo[ur] said subiect, thereby charging him w[i]th combineing and plotting w[i]th divers unknowne p[er]sons unlawfully and secretly to outlawe them, the said Thomas Litton, Thomas Procter, Myles Fawcett and Peter Tennant, w[i]thout sueing forth anie writtes of p[ro]clamac[i]on into the shire where they did then dwell, for trifleing and feyned debt[es] so to draw them into forfeitures of theire landes and goodes, upon w[hi]ch Bill yo[ur] Ma[jes]t[ies] writt of Subpoena was awarded against yo[ur] said subiect to aunswer the same in the beginning of Easter tearme last past,

W[hi]ch writt of Subpoena was served on yo[ur] subiect aboute the end of the said tearme of St Hillarie by the said Peter Tennant, who then did deliv[er] the same writt unto yo[ur] said subiect under seale att the Rose and Crowne in St Johns streete, London, in the presence and heareing of divers gentlemen and p[er]sons of good and sufficiencie and Creditt, w[hi]ch yo[ur] said subiect did in Rev[er]ent manner Receive, and tould him by god[es] p[er]mittance he wold aunswer them,

Whereupon yo[ur] said Subiect forthw[i]th entred his appear[a]unce in yo[ur] Ma[jes]t[ies] said Courte of Starchamber and in the beginning of Easter tearme last past, att w[hi]ch time the said subpena was Retornable, and did take Coppie of the said Bill,

And for that (as his learned Counsell informed him) the same conteined in it noe matter worthie the Cogniz[a]unce of yo[ur] said highnes Hono[rable] Courte of Starchamber, but such as albeit it had bene true in such maner as the same is sett forth in and by the said Bill (w[hi]ch yo[ur] said Subiect utterly denieth) yet was the same in lawe and iustice p[ro]p[er]ly punishable and determinable in yo[ur] highnes said Court of Co[m]mon pleas, and not ells where, yo[ur] said subiect by the advise of his said Counsell did demurr in lawe to the said Bill,

The considerac[i]on whereof was by order of the Right honorable Thomas Lo[rd] Elsmere, yo[ur] Ma[jes]ties Lo[rd] Chauncellor of England, referred to S[i]r James Altham, knight, one of the Barons of yo[ur] Ma[jes]t[ies] Ho[norable] Court of Excheq[uer], of w[hi]ch reference yo[ur] said subiect gave noti[c]e to the said Peter Tennant and one Rob[er]te Banckes, who was a pro]secutor and soliciter for the Rest of the said Compl[ainan]tes therein,

And thereupon the said Robert Banckes, Peter Tennant and yo[ur] said subiect in the same tearme of Easter did attend the said Baron att his Chamber in S[er]ieaunt[es] Inne in fleetstreete, London, where the said Bill and Demurrer, in the presence of the said p[ar]ties, were openly Redd,

Upon the Readeing whereof the said Baron seemed to be of opinion that the said Bill was insufficient and worthie to be dismissed forth of yo[ur] hignes said Court of Starchamber, and tooke Respitt in Respect of his other greater imployment[es] for the Certifyeing thereof, untill Trinitie tearme last past.

Bill of Complaint of Adam Somerscales against Peter Tennant and others

But now so it is, if it may please yo[ur] highnes, that before such time as the said Baron had made anie Certificatt in that behalf, they, the said Peter Tennant and the said others Compl[ainan]t[es], p[er]ceiveing the said Barons opinion to be against them, did upon some privatt motion, gett an order from the said Lo[rd] Chauncellor for yo[ur] said subiect to make a better aunswer unto the said Bill, not acquainteing his Lordship w[i]th the said form[er] Refference, but Cuningly conceale[ing] the same,

Whereupon an other Subpena was forthw[i]th awarded, served and deliv[er]ed by the said Peter Tennant to yo[ur] said subiect, to make a better answer in the said trinitie tearme last past, w[hi]ch subpena was dated the Fyve and twentieth day of June, and Retornable the six and twentieth of the same in the said Trinitie tearme,

Whereupon they, the said pl[ain]t[iffes], feareing least yo[ur] said subiect wold by some meanes give knowledge unto the said Lo[rd] Chauncellor of theire indirect proceeding[es] and abuse offered unto his honor in concealeing the said former Refference and procureing his Lo[rdshi]p[es] said order for a better aunswer before anie Certificatt made by the said Baron, contrary to the ordinary Course of this Ho[nora]bl[e] Courte, as he is advised by his Counsell, and doubting least his said honor wold thereupon have given them some sharpe Rebuke for theire presumtion thearein, or ells feareing that albeit the same proceeded, yet upon the heareing yo[ur] said subiect wold be dismissed w[i]th his Cost[es], w[hi]ch wold be verie crosse and Repugnant to theire malicious desires, being all of them (except the said Peter Ten[au]nte) men of greate Counten[au]nce, wealth and abilitie,

Therefore the said Peter Tennant did malitiously devise, Resolve, and complott w[i]th others to yo[ur] subiect unknowne, whose names when they shall be knowne he praieth may be inserted in this Bill, how and in what maner they might not onely hinder and lett yo[ur] said subiect from further p[ro]secution of the said wronge and abuse offered unto his Lo[rdshi]p, but also bringe yo[ur] said subiect into disgrace and contempt w[i]th yo[ur] Ma[jes]t[ies] said Ho[nora]bl[e] Court of Starchamber,

And the better to effect and bringe aboute theire wicked and ungodly purpose, it was in the end Resolved that the said Peter Tennant who served the said first Subpena upon yo[ur] said Subiect in yo[ur] highnes said Courte of Starchamber, being a p[er]son of base Condic[i]on and behavioure, and so an instrument fittest for such a wicked purpose, should make a false affidavit in yo[ur] highnes said Courte against yo[ur] said subiect, whereby yo[ur] said Subiect might not onely be imprisoned, but also be thereby putt unto excessive and unreasonable Charg[es], that so he might be disabled from pursueing the said Cause to heareing,

For the accomplishm[en]t and p[er]formaunce of w[hi]ch wicked Resoluc[i]on he, the said Peter Tennant, intending onely to Ruinate and overthrow yo[ur] said Subiect by the combination and practise aforesaid, on the eight and twentieth day of June in yo[ur] highnes Raigne of England, Fr[a]unce and Ireland the eight, did most falsly, wickedly, malitiously and corruptly make oath in yo[ur] highnes said Ho[nora]bl[e] Court of Starchamber in theise wordes, vizt,

Peter Tennant of Settle in Craven in the Countie of Yorke, aged Fortie yeares and upwardes, sworne, saith that shaortly after the end of Hillarye tearme last he, this exa[m]i[n]a[n]te, served his Ma[jes]t[ies] p[ro]ces of Subpena out of this ho[nora]bl[e] Courte upon Adam Somerscales p[er]sonally, and gave him the writt, w[hi]ch was Retornable in the beginning of Easter tearme last, att the suite of this ex[aminan]te and others pl[ain]t[iffes],

Upon the serveing of w[hi]ch said p[ro]ces the said Somerscales called this ex[aminan]te scurvye base fellowe, and said further that he wold make dice of this Ex[aminan]t[es] bones,

Bill of Complaint of Adam Somerscales against Peter Tennant and others

In execution whereof the said Som[er]scales, aboute two dayes followeing, Cuningly sent for this Exa[minan]te, in the name of a friend and acquaint[a]unce of this Ex[aminan]te, to come to the signe of the Rose and Crowne in St Johns streete to speake w[i]th him, att whose comeing thether, being aboute nyne of the Clock att night, the said Som[er]scales had two speciall Bailiff[es] there Ready, and forthw[i]th arreasted this Exa[minan]te upon a frivolous action for a supposed debt of Fortie shilling[es], and so caryed this Exa[minan]te to Newgate, and wold not suffer him to send for any of his Friend[es] to be baile for him, but laide him in that prison all night,

And so went up and downe to this Exa[minan]t[es] acquaint[au]nce and inquired if this Exa[minan]te did owe them any thinge, for if he did, the said Somerscales had laide him up fast enough in Newgate,

And so published the like in the Cuntrie, as this Exa[minan]te hath bene credibly enformed,

As by the same affidavit, whereunto relation be had, remaineing of Recorde in yo[ur] said ho[nora]bl[e] Court of Starchamber, it doth and may appeare,

And so hath Co[m]mitted most wicked, willfull, malitious and Corrupt p[er]iury, by reason of w[hi]ch false and untrue affidavit and malitious p[er]iurye aforesaid yo[ur] said Subiect was by yo[ur] highnes said Court of Starchamber Co[m]mitted to yo[ur] highnes prison of the Fleete, where he remained prisoner by the space of foure or Fyve dayes before he was inlarged, to his extreame Charg[es] and to his greate Losse and hindr[a]unce of his practise in his other occation dureing that tyme.

In considerac[i]on wherof, and forasmuch as the said plotting[es], combinac[i]ons, practises and p[er]iury were Co[m]mitted since yo[ur] Ma[jes]t[ies] last gen[er]all p[ar]don, are both against the lawes and statut[es] of yo[ur] highnes Realme of England, and tend to the dishonor of Almighty God and to the incouragement and imboldening of other malefactors and offenders in the like wickednes and offences if due and condigne punishment be not inflicted upon the offenders for the example of others,

May it therefore please yo[ur] Ma[jes]tie to gr[a]unte unto yo[ur] said subiect yo[ur] highnes writt of subpena, to be directed unto the said Peter Tennant, co[m]maundinge him thereby, at a certeine day and under a Certeine paine therein to be lymitted, p[er]sonally to appeare before yo[ur] highnes in yo[ur] Ma[jes]t[ies] said high Courte of Starchamber, then and there to aunswer the p[re]misses etc,

And further to obay and stand to such order and direction therein as to the said ho[nora]bl[e] Court shall seeme meete, and as to iustice ap[er]taineth.

And yo[ur] said subiect shall daily pray to God for yo[ur] Ma[jes]t[ies] most p[ro]sperous and happy Raigne longe to continew amongst us.

Tho. Higgons

[Endorsement]

Mercur[ii] undecimo Julii Anno Octavo Regni Jacobi Regis etc

Th. Mynatt

R Cr’o Mart’

[On Wednesday the eleventh of July in the eighth year of the reign of King James etc.

Thomas Mynatt.

R[?] [to] Christopher Mart[in?]

Answer of Peter Tennant to the Complaint of Adam Somerscales

Jur[atus] 19o die Novembris A[nn]o 8o Jac[obi] Regis

Th. Mynatt

[Sworn on the 19th day of November in the 8th year of King James.

Th. Mynatt]

The aunsweare of Peter Tennant Def[endan]t to the bill of Compleynte

of Adam Somerscales Compleyn[au]nte

The saide Defend[an]t saithe That the saide Compleyn[au]nt[es] bill is devised and exhibited into this hono[rab]le Co[u]rte against this defend[an]t of malice, w[i]thout all iust cause, and onely to put this Defend[an]t (beinge a poore man) to greate and wrongfull trouble, charges and expences in the lawe,

And that the same bill is in the mat[er]iall p[ar]tes thereof verye incerteyne and insufficient in the lawe to be answeared unto.

Nevertheles this defend[an]t, savinge to hymselfe, nowe and at all tymes, all advantage and benifitt of excepc[i]on to all and ev[er]ie th’incerteynties and insufficiencies of the saide bill and the matters therein conteyned, for full and p[er]fecte answeare thereunto, and for satisfyinge of this hono[rab]le Co[u]rt,

Saiethe That as to all unlawfull plott[es], p[er]iurye and other misdemeano[urs] menc[i]oned in the saide Compleyn[au]nt[es] bill wherew[i]th this Defend[an]t is in or by the same bill anyewaye charged and exa[m]i[n]able in this hono[rab]le Co[u]rte,

He, this Def[endan]t is of the same plott[es], periurye and other misdemeano[urs], and of everye of them, Not guiltye in suche sorte, manner and forme as in or by the saide bill is charged and alleadged.

And this Defend[an]t dothe averre, maynteyne and iustifye his affidavit made in this hono[rab]le Co[u]rte in the cause menc[i]oned in the saide Compleyn[au]nt[es] bill to be true,

And forasmuche as the saide Compleyn[au]nte dothe not expresslye and directlye charge this Defend[an]t to have co[m]mitted p[er]iurye,

And for that the saide Compleyn[au]nte in his saide Bill dothe not shewe, assigne, alleadge or averre in what pointe or p[ar]te of this defend[an]t his affidavit menc[i]oned in the saide Compleyn[au]nt[es] Bill this Defend[an]t did co[m]mitt periurye, Or what p[ar]te of the saide affidavit is false,

And for that it is evident, playne and true that the saide Compleyn[au]nte cannot intende that everye p[ar]te of the same affidavit is false or untrue,

Therefore this Defend[an]t dothe humblye demaunde the honorable Considerac[i]on and iudgem[en]t of this hono[rab]le Co[u]rte whether the same Bill and the matters therein laide are so sufficientlye set for the as may be exa[m]i[n]able in this hono[rab]le Co[u]rte, or fitt for the grave and hono[rab]le sentence of this hono[rab]le Co[u]rte,

Without that, that any other matter or thinge menc[i]oned in the saide Compleyn[au]nt[es] bill materiall or effectuall in the lawe to be answeared unto, and not herein sufficientlye answeared unto, confessed and avoyded, traversed or denyed is true,

All w[hi]ch matters this Defend[an]t is and wilbe readye to averre and p[ro]ve as this hono[rab]le Co[u]rt shall awarde,

And humblye prayethe to be dismissed out of this Co[u]rt with his reasonable Cost[es] and charg[es] in this behalfe wrongfullye susteyned.

Tho. Cooke

Replication of Adam Somerscales to the Answer of Peter Tennant

Lune 29o April[is] A[nn]o 9o Jacobi Reg[is]

Th. Mynatt

[Sworn on Monday the 29th of April in the 9th year of King James.

Th. Mynatt]

The Replicac[i]on of Adam Somerscales, Complayn[au]nte,

to the Aunswere of Peter Tennant, defendant

The said Repliant sayeth in all and everie thinge and thinges as before in his said Bill he hath sayed, and doth and will maintayne, iustifie and avowe his said bill and all the matters therein Conteyned to be iust, true, Certayne and sufficient in the law to inforce him, the said defendant, to make Aunswere thereunto,

And sayeth that the said defendant[es] Aunswere is verie incertayne and insufficient in the law to be replyed unto by him, this Repl[ian]t, for divers imp[er]fections therein manifestlye appearing, as namely in this,

That the said Defendant first pleadeth generallye not giltie to the plottes, Combinac[i]ons, p[er]iuries and misdeameanors menc[i]oned in this Repl[ian]t[es] bill, and then excepteth to the said bill, surmising that the said Compl[aynaun]t therein doth not Assigne in what poynt or p[ar]te of the said Affidavit menc[i]oned in his said Bill the said defendant did Co[m]mitt p[er]iurie, or what p[ar]te of the said Affidavit is false, and so demandeth iudgment of this honorable Court whether the said bill and the matters therein laid downe are examinable in this said honorable Court,

W[hi]ch forme of pleading, as this Repliantes Counsell informeth him, is unusuall and against the ordor and practise of the lawes of this yo[ur] highnes Realme and the Course of this Court,

And albeit the p[ar]tes of the said bill excepted unto were not so stricklye and preciselye laid downe as the ordor and practise of this honorable Court doth Require, yet hath the defendant by pleading to an yssue baried himself of that advantage.

Nevertheles this Compl[aynaun]t, saving to himself all Advantage of excepc[i]on to the incertentie and insufficiencie of the said Aunswere, sayeth,

That the said bill Charging the said defendant was wilfull and Corrupt p[er]iurie as to the whole bodie of the said Affidavit doth Contayne A sufficiente Certentie whereunto the defendant is bound to Aunswere as this Repliant[es] said Councell doth informe him,

And whereupon this honorable Court may p[ro]ceed to examinac[i]on and sentence in Case the said defendant be found Guiltie of p[er]iurie in anie p[ar]te of the said Affidavit,

W[i]thout that other matter or thing materiall or effectuall in the said Aunswere Conteyned and not herein either sufficientlie confessed and avoided, traversed or denied is true,

All w[hi]ch matters he, this Repl[ian]t, is and wilbee readie to mainetaine and prove as this honorable Court shall award.

And therefore he humblie prayeth as before in his said Bill he hath prayed.

[Endorsement]

Som[er]scales v[er]s[u]s Tennant

Repl[icacio]

[Somerscales versus Tennant

Replication]

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