This is a transcript of a document preserved at The National Archives, London.
Copyright of this transcript remains with Dave King, and it must not be reproduced or republished without prior permission.
C 2 Court of Chancery: Six Clerks Office: Pleadings, Series I, Elizabeth I to Charles I
C 2/ChasI/P26/7: Richard Porrett v Anthony Allen, Thomas Nicholson, Michael Dawson & Nicholas Joyce.
- for the original Bill of
Complaint, and the answers of Anthony Allen, Thomas Nicholson &
Michael Dawson, see C 2/ChasI/P14/14
Bill of complaint of Richard Porrett (transcript):
8 Novembris 1639 Carne
To the right hono[rable] The Lord Coventry Lord Keep[er] of the great Seale of England
In all humble manner Complayninge sheweth unto your good lo[rdshi]ppe
your daylye O[rator] Richard Porrett of Hartlepoole in the countye of
Duresme gent yt Whereas your s[ai]d O[rator] was and still is lawfully
interessed of & in one Capitall messuage & divers other
messuages landes Tenem[ents] howses yardes backsides gardens orchardes
Severall closes of grownd arrable meadowes & pasture of great
yearely value & alsoe poss[ess]ed of divers goods & chattells
Billes bondes leases deeds evidences coppies of court Rolls & other
Writings houses stables & other Writinges Barnes Rucks or Stacks of
corne & hay houshold stuffe & utensills of houshold & other
thinges of great value scituate lyeinge & beinge in or nere
Hartlepoole afores[ai]d & the towne & feildes there neere
adiacent & your s[ai]d O[rator] beinge soe interessed &
possessed Anthony Allen Thomas Nicholson Michaell Dawson & Nicholas
Joyce of late p[re]tendinge some rent chardge or other Annuitye or
yearely rent to be yssueinge & goeinge out of the s[ai]d Capitall
Messuage or Tenem[ent] or the other howses landes & p[re]misses or
some of them did heeretofore vizt at or aboute the feast of St Michaell
the Archangell last was a 12 monethes in the absence of your s[ai]d
O[rator] beinge then in the cittye of London or the suburbs thereof
about his great & urgent occacons seise into their handes &
possesse themselves or some of them by What Warrant your O[rator]
knoweth [not] of all & singuler the s[ai]d cappitall messuage or
Tenem[ent] land bills leases deedes evidences coppies of Court Rolles
& other Writinges houses Barnes gardens yardes backsides landes
closes & p[re]misses & amongst the rest of the s[ai]d Anthony
Allen Tho: Nicholson Michaell Dawson & Nicholas Joyce in your
O[rators] absence did then & their seize upon themselves one great
Barne then in your s[ai]d O[rators] possession beinge full of Corne
& did seize uppon their poss[ess]ions 14 [?stacks?] of Corne then
standinge in the yarde or belonging to the s[ai]d house the greane
beinge all [?betilye?] & Well Worth to be sould the ... 200 mark
besides the p[ro]fitt yt would have risen by the strawe & other
thinges belonginge to the s[ai]d Corne yt Anthony Allen Tho: Nicholson
Michaell Dawson & Nicholas Joyce By What Warrant [your] O[rator]
knoweth not havinge entred into their or some of their handes possessed
themselves aswell of the capitall messuage belongeinge to your s[ai]d
O[rator] & the s[ai]d Billes bondes leases deedes evidences coppies
of court Roll & other Writeing as of all the messuage or tenem[ent]
houses out houses barnes stables yardes orchardes gardens houshold
stuffe utinsilles of houshold landes & p[re]misses have not onely
set & lett some p[ar]te thereof to divers p[er]sones whome they
pleased at plaine yearly rentes or otherwyse or sould & converted
the goodes chattelles & houshold stuffe or other thinges to their
or some of their use or uses but alsoe at the time afores[ai]d & in
manner afores[ai]d did enter uppon the s[ai]d Barne & there
Wastfully & in most p[ro]fuse manner thrashinge & caused the
s[ai]d corne in the barnes stackes or Ruckes to be threshed out
feedinge hogges & swine at the s[ai]d Rackes & W[i]thout
orderinge the same in any husbandlike manner & they or some of them
have sold & converted the s[ai]d corne & strawe to their or
some of their uses dayly comittinge great Waste in & uppon the
s[ai]d messuage house & p[re]misses by pullinge downe &
suff[e]ringe the same to goe to ruyne for Want of reparacon & by
cuttinge downe tymber & other trees in & uppon the s[ai]d
landes & p[re]misses utterly denyinge either to deliver upp to your
O[rator] the poss[ess]ion of all the p[re]misses & ... ... of the
goodes chattelles billes bondes leases deedes evidences court Rolles
& Writeings or any satisfacon for the Wronges done or to sett forth
to your O[rator] by What Warrant they or any of them did enter uppon
the s[ai]d messuages deedes evidences Writeing landes corne &
p[re]misses or for or in respect of What rent yearely Annuitye or other
Wyse they or any of them have made by sale of any goodes or chattelles
cattle corne hay timber Woodes [?growing?] sett lyinge or beinge in or
uppon the s[ai]d capitall messuage or tenem[ent] houses barnes stables
landes & p[re]misses or any p[ar]te thereof & What the same
doth amount unto & to Whome & When they sould the same &
for What the rates or ... & howe they or any of them have sett
& disposed of the s[ai]d messuages houses & landes &
p[re]misses & to Whome & What moneyes are raysed thereby &
by sale of the s[ai]d goodes or chattelles cattle corne & houshould
stuffe afores[ai]d all w[hi]ch doeinges of the s[ai]d Anthony Allen
Tho: Nicholson Michaell Dawson & Nicholas Joyce & contrary to
all good consience & tendes to the utter over throwe of your
O[rator] & his family except he be releived herein accordinge to
Justice & equity In tender consideracon Whereof may it please your
good lo[rdshi]pp to grannt unto yr s[ai]d O[rator] his Ma[jesties] most
gratious Writt of Subpena to be directed to them the s[ai]d Anthony
Allen Tho: Nicholson Michaell Dawson & Nicholas Joyce comanndinge
them & every of them & every of them &c
Jo: Glover ...
Answer of Nicholas Joyce (transcript):
Capta Cognita & jurat vicesimo nono die Aprilis Anno xvj Caroli R[ex] coram nob... apud Hartlepoole:
Chr: Fowthorpe
Clement Fulthorpe
The generall Plea of Nicholas Joyce one of the Defendantes to the Bill of Compleynt of Richard Porrett Compleynant:
The said defendant not confessinge or acknowledginge any the matters or
thinges in the said Bill of Compleynt conteyned to bee true in such
sort manner and forme as the same are therein and thereby sett forth
and alleadged For Plea thereunto this defendant saith That the
Compleynant nowe is a Popish Recusant convicted And that longe before
the exhibitinge of this Bill into this hono[rable] Court That is to
saie) the Foureteenth day of July in the Sixth yeere of the Reigne of
his Ma[jestie] that nowe is The said Compleynant by the name of Richard
Porrett of Hartlepoole in the Parrish of Hart in the County of Durham
Gentleman was at the generall Sessions of the peace holden at Durham in
the County of Durham before Richard Huatt then Deane of Durham, Sir
Thomas Tempest Baronett and other Justices of our Sovereigne Lord the
Kinge within the said County thereunto assigned convicted of Popish
Recusancy accordinge to the forme of the Statute in that Case made and
p[ro]vided For that the said Compleynant had not repaired to his
Parrish Church or unto any other Church, Chappell, or usuall place of
Common prayer and there bene the tyme of Common prayer, at any tyme
within one Moneth next after the First day of December in the Fift
yeere of the Reigne of his Ma[jestie] that nowe is, As by the Record of
the said Conviction hereunto annexed under the seale of his Ma[jesties]
Court of Exchequer in such Cases used more at Large doth and may
appeare, With this further That this defendant doth averre That the
said Richard Porrett in the said Record of Conviction named, and the
said Richard Porrett the nowe Compleynant are one and the selfe same
persons and not diverse And that the said Conviction remayneth as yet
in full force not reversed or avoyded And that the said Compleynant
hath not as yet made his submission and become conformeable accordinge
to the true intention of the Statute made in in the Three and twentieth
yeere of the Reigne of the late Queene Elizabeth And this defendant
further saith That at the second Session of Parliament begun and holden
by Prorogacon at Westminster in the County of Middlesex the Fift day of
November in the Third yeere of the Reigne of our late Sovereigne Lord
Kinge James over England &c and there confirmed untill the seaven
and twentieth Day of May then next followinge and then prorogued untill
the Eighteenth day of October next followinge (... with other things)
It was Inacted, That every Popish Recusant that was or should bee
convicted of Popish Recusancy should stand and ... ... to all intents
and purposes as a person Lawfully and duely excommunicate and as if hee
or shee had been soe denounced and excommunicate, accordinge to the
lawes of this Realme untill hee or shee soe disabled shall conforme him
or herselfe and come to Church and heare Divine Service and receive the
Sacraments of the Lords Supper accordinge ... ... ... Realme And
alsoe take the oath appointed prescribed in one other Act intituled An
Act for the better ..................................... or persons
sued or to be sued by such Person soe disabled
.............................................. Sentence in the
Ecclesiasticall Court, As by the said Act of Parliament amongst other
thinges therein conteyned more at large it doth and may appeare All
which this defendant is readie to averre and prove, As this hono[rable]
Court shall awarde And doth humbly offer the same to the Consideracon
of this hono[rable] Court and desireth the Judgement of the same if the
said Compleynant shalbee Annswered unto his said Bill of Compleynt The
said Complaynant nowe standinge and beinge a Popish Recusant Convicted
as aforesaid by reason of the aforesaid Conviction in Contempt of lawe
And prayeth to bee dismissed with his Costs and Charges herein
wrongfully had and [susteyn]ed/
Edward Wright