Star Chamber Proceedings STAC5/R32/39

Date: [unknown] [unknown]
Location: [unknown]

Court of Star Chamber. Benedicte Rosewarne v. William Pendervas and others (bill and answer). 35 Elizabeth. ^[1]

See https://www.wikitree.com/wiki/Space:Star_Chamber_Proceedings_STAC_5/R9/4 for other papers relating to this case.

Star Chamber Bill addressed to Queen Elizabeth (c.1593)

To the queens most Excellent Ma[jes]tie

In moste humble wise sheweth and complayneth unto your most Excellent Ma[jes]tie your loyall and obedient subiecte Benedicte Rosewarne of Gwynnier in your heighnes Countye of Cornewall, gent, That wheras aboute iij yeres now last past your heighnes sayd subiecte beinge then occasioned to use and imploye about his necessarye affayres the summe of xxx li of monye repaired unto one William Pendervas of Crowen in your heighnes sayd Countye of Cornewall, yeoman, and made meanes unto him to supplye his wante and to lend unto your sayd subiecte the sayd summe of monye, and upon certaine agreem[en]t had made and concluded upon between your heighnes sayd subiecte and the sayd Will[ia]m Pendervas in effect as followeth, That is to saye that your heighnes sayd subiecte shoulde paye and deliver unto the sayd Will[ia]m Pendervas one thowsand and halfe of white tyn at the next deliveraunce of tyn then to be holden at Helston within your gracious sayd Countye of Cornewall, And allso [pro]cure one John Polkinhorne of Gwynnier aforsayd gent to be come bound together with your heighnes sayd subiecte for one thowsand of tyn p[ar]cell of the foresayd thowsand and half of tyn, And that allso one Peter Trenethacke of Gwyndren in your heighnes sayd Countye of Cornewall husbandman should in like manner enter into band unto the sayd Pendervas for the other half thowsand of tyn, That then at any tyme when soev[er] your heighnes sayd subiecte the sayd Polkinhorne and the sayd Trenethacke shoulde repaire unto the sayd Pendervas giving such securitie as is afor[e]sayd, your heighnes sayd subiect upon accomplishm[en]t of the same should have of the sayd Pendervas the sayd summe of xxx li befor[e] mencioned wher[e] upon your heighnes sayd subiect together with the sayd John Polkinhorne entred into band in the summe of xlli for the paym[en]t of a thowsand of tyn at a certen day lymited and agreed upon accordinge to the condicon of the sayd obligacon to that effect made and delivered unto the sayd Will[ia]m Pendervas, And allso your heighnes sayd subiecte together with the sayd Peter Trenethacke became likewise bound in an nother band in the summe of xx li for the payment of th’other half thowsand of tyn at a day and tyme certaine accordinge to the condicon of the sayd obligacon to that effect allso made unto the sayde Pendervas wher[e] upon your heighnes sayd subiecte received of the sayd Pendervas the sayd xxx li accordingly, And your sayd subiecte having care to keepe the dayes of paim[en]tes specified in the condicons of the sayd severall obligacons as is afor[e]sayd, did p[ro]vide to satisfye and paye the sayd Pendervas his thowsand and half of tyn according to the sayd agreem[en]t, and assurance had and made between them. Howbeyt longe tyme before the day of paim[en]t incurred, and the tyme for delivery of the sayd tyn did come, he the sayd Will[ia]m Pendervas having great and urgent occasion to use monye by reason he then owed and was indebted unto one Thomas Glason of Crowan in your heighnes sayd Countye of Cornewall, And unto one Will[ia]m Borthogga of Camborne in your heighnes sayd Countye of Cornewall, gent in divers[e] great sommes of monye for c[er]taine lande and tenem[en]tes w[hi]ch he did purchase and buy of the sayd Glason and Borthogga, And being unfurnished of monye to make his paym[en]tes unto the sayd Thomas Glason and Will[ia]m Borthogga, ther[e] upon he repayred and came unto the sayd Benedicte Rosewarne your heighnes subiecte and p[er]swaded with him that if he would p[ro]vide toe paye him the sayd Will[ia]m Pendervas the sayd summe of xxx li for that he had speciall occasions to use the sayd monye by reason of his sayd paim[en]tes he was to make for the sayd purchase, and for that allso he had found divers[e] favours and courtysies at your heighnes sayd subiecte[‘s] handes, he ther[e] fore now would be contented to accept of the sayd xxx li and ther[e] upon to discharge release and acquite your heighnes sayd subiect and his suretyes of the paim[en]t of the sayd thowsand and halfe of tyn expressed and specifyed in and upon the condicons of the sayd severall obligacons, And allso to free him and his sayd suertyes and ev[er]ye of them of and from all penalties and forfaitures that should or might growe and ensue ther[e]by, And further he the sayd Pendervas at that tyme most faithfully p[ro]mised and solemply p[ro]tested with great wo[rd] and othes that upon the paym[en]t of the sayd sume of xxx li backe againe to supplye and s[er]ve the turne of his p[rese]nte nead and necessytie, that your heighnes sayd subiect should have redelyvered and given up all his former bands and obligacons to be cancelled and made voyde. Wher[e] upon your heighnes sayd subiecte, knowinge the sayd Pendervas to have speciall occasions indede to use monye, was very reddy and willinge to pleasure him ther[e]with, And to that end and purpose aboute November then next ensuing after the lendinge and borrowing of the sayd summ of xxx li as afor[e]sayd, your sayd subiect did conclude and agree to and with the sayd Pendervas to repaye unto him the sayd summe of xxx li before the feast of th’annunciacon of the Blessed virgin then next follow[ing] at the furthest, w[hi]ch was aboute one half yere before the sayd day of paym[en]t or delivery of the sayd tyn as ys aforesayd, And if your sayd subiecte p[ro]vided the sayd monye against that tyme, the sayd Pendervas not only p[ro]mised to accepte of the same, but all[so] further p[ro]mised clearly and absolutely to discharge your sayd subiecte and his sayd suertyes of all the[i]r former bands, And your sayd subiecte beinge very carefull to accomplishe that w[hi]ch to him app[er]teyned, p[ro]vided the sayd summe of xxx li before the sayd day of payment to his great losse and hinderance and contrary to the first bargen agreed upon betwene your sayd subiecte and the sayd Pendervas for the deliverye of the sayd tyn at sundry tymes and dayes, delivered and payed before the sayd day appointed the sayd summ of xxx li to the sayd Pendervas himselfe and others to his use and by his appointm[en]t so as the sayd Pendervas was well and trewlye satisfyed and payed of the sayd summ of xxx li, and had the same and ev[er]ye p[ar]te ther[e]of to s[er]ve his torne long before his dayes of paym[en]t accrewed, accordinge unto the sayd latter agreem[en]t, wher[e]of the sayd Pendervas dyd afterwards acknowledge hymself to be satisfyed and payed, as your sayd subiect is able to make very due and sufficient prooffe, And your heighnes sayd subiecte being a plaine dealinge and meaning man, And mystrustinge no inconvenyences that might ensue of the paym[en]t of the sayd summe of xxxli being in full recompense and satysfaccon of the sayd thowsand and half of tyn to be payed to the sayd Pendervas, left the sayd severall bandes in the sayd Pendervas his hands, thinkinge with himselfe that in all right and reason, because the sayd monye was fully satisfyed and payed according to the sayd latter agreem[en]t that the sayd severall bands beinge in all good and honest dealinge discharged and of no valydytye and force should not be called in question or any tro[u]ble ther[e]by arise to your sayd subiect for that he had p[er]formed as much as to him app[er]teined plainly and honestly in all points. But now so yt is most gracious sov[er]aigne, that about a half yere after the daye of the paym[en]t of the sayd tyn, some question and controv[er]sye did growe between one Thomas Dewin of Gwynnier in your heighnes sayd Countye of Cornewall gent lately decessed and betwene the sayd Will[ia]m Pendervas your heighnes sayd subiect and the foresayd Polkinhorne, wher[e]in the sayd Pendervas plaied his p[ar]te, and contryved and practised very craftely and cunningly how to insnare your heighnes sayd subiect, and the sayd John Polkinhorne, And for that your sayd subiect refused and would not farther him the sayd Pendervas to effect and compasse his harde dealinge offered towardes certaine p[er]sons w[hi]ch were his debtors and whom the sayd Pendervas without any lawfull p[ro]cesse, warrant or aucthoritie had p[ro]cured to be a[r]rested impleaded and condemned, And namely the sayd John Polkinhorne in the Stannerye corte of Penwith and Kirrier within your heighnes sayd Countie before one Thomas Randell syttinge as steward ther[e], At w[hi]ch tyme the sayd Pendervas in the sayd corte of Stannerye, contrarye to all lawe equitie and go[o]d iustice obtayned an execucon for the summe of lxj li or ther[e] aboutes against the sayd John Polkinhorne and by colour of the sayd execucon the bodye of the sayd Polkinhorne was taken and detained in prison untill by dures[s] of imp[ri]so[n]ment he was inforsed and compelled to compound [and] give assurance unto the sayd Pendervas for the payment of xl li being the uttmost forfeiture and penaltie of the sayd severall bandes or obligacons for the payment of the for[e]sayd tyn contrary to the sayd latter agreem[en]t, w[hi]ch sayd x li was to be payed at tow severall paym[en]tes and for the w[hi]ch the sayd Thomas Dewin together with the sayd John Polkinhorne gave ther[e] assurance and became bound, of w[hi]ch hard and extreame dealinge your heighnes sayd subiect being made acquented by the sayd Polkinhorne hath bin accounselled and advised for his release to exhibite a bill of complent into your ma[jes]ties heigh corte of Chauncerye against the sayd Will[ia]m Pendervas as well for the fraudule[n]t obtaininge of the sayd severall bands for the paym[en]t of the sayd tyn contrary to the latter agreem[en]t, as allso for and concerninge div[er]s[e] and sundrye apparant cunning slightes and devises committed and practised towardes your sayd subiect by the sayd Will[ia]m Pendervas as in the sayd bill of complent exhibitede into your heighnes sayd corte of Chauncery pleanlye appe[a]reth, Wher[e] upon according to the order of the sayd corte of Chauncery your heighnes sayd subiect had p[ro]ces[s] of S[ub] p[eon]a awarded w[hi]ch was executed and s[er]ved on the sayd Pendervas, And ther[e]upon the sayd Pendervas appe[a]red and annswered unto some p[ar]te of the sayd Bill of complent, but for that the matter ther[e]in conteyned deeply touched him in his conscience and the sayd Pendervas beinge very unwillinge to manyfest the trueth ther[e]of, did in that respect, not annswere at all to much of the contentes of the sayd bill, And also in his annswere to that p[ar]te of the sayd bill where unto he hath annswered, he the sayd Pendervas hath ther[e]in committed most willfull wicked and corrupt p[er]iurie, for wher[e]as in his sayd annswere he hath sayd that the summe bor[r]owed upon the sayd first agre[e]ment was xxxijli xs for the sayd thowsand and half of white tyn whearas in trueth the instand true summe was but xxxli and no more as your sayd subiecte is able to make suffycient and apparent proof, So as the sayd Pendervas without any feare of god before his eyes, or awe of your ma[jes]ties lawes ordeyned against the detestable crime of p[er]iurye hath ther[e]in most wickedly willfully and corruptly sworen and p[er]iured him self, And likewise in his sayd annswere unto the sayd bill of complent exhibited into your heighnes sayd corte of Chauncerye against the sayd Pendervas, wher[e]as the sayd Pendervas hath sayd, that for the paym[en]t of the thowsand and half of tyn your heighnes sayd subiect and one John Polkinhorne mencioned in the sayd bill of complent and one Trenethacke stoode bound in the sayd severall bandes, in w[hi]ch his sayd annswere he hath allso most corruptly voluntaryly and willfully committed p[er]iurye, for that the sayd John Polkinhorne was only bound but in one of the sayd bandes and not in both to the sayd Pendervas for the paym[en]t of the sayd thowsand of tyn as ys aforesayd, And allso wher[e]as he sayeth in his sayd annswere that John Polkinhorne was in execution upon the sayd bandes for non paym[en]t of the sayd tyn, in that allso he the sayd Pendervas hath commited willfull voluntary and corrupt p[er]iurye, for that the sayd Polkinhorne being bound but onlye in one bannd for the paym[en]t of one thowsand of tyn as afor[e]sayd could not by lawe or equitie be in execucon for and uppon both the bands, And wher[e] allso the sayd Pendervas in his annswere denyeth the last agreem[en]t and paym[en]t of the sayd xxxli as ys before expressed he hath ther[e]in allso most corruptly voluntaryly and willfully committed p[er]iurye, And wher[e]as allso he affirmeth in his sayd annswere that he did not receive of your heighnes sayd subiecte the summe of xxvijli or xxviijli but after the forfaytures of the sayd bands made for the paym[en]t of the sayd tyn in w[hi]ch allso he hath most corruptly and willfully for[e]sworne himself, of w[hi]ch many fold mysdemeano[u]rs & offences your heighnes sayd subiect intending and meaninge to seeke releef of your most gracious ma[jes]tie in his your most hono[u]rable corte of Starr Chamber, And the sayd Will[ia]m Pendervas having notice and intelligence ther[e]of and fearing least all his misdemeanors corrupt p[er]iuries and cunning slightes and practises should be ther[e] disclosed and manyfested and by that meanes he the sayd Pendervas should be subiect to the grave and severe censure and punishm[en]t of your sayd heigh corte of Starr Chamber according to your heighnes lawes and statutes in such cases and for such malefactors and offenders p[ro]vided, did practice and put in ure certen outragious disorders ryoutes and myschifes intending ther[e]by as is most likely e[i]ther to we[a]r and werye out your sayd subiectes with contynuall tro[u]bles or to hassard the lyef of your sayd subiect so as he should not complayne of the same, For so it is most gracious sov[er]aigne that he the sayd Pendervas having associated gotten and gathered into his companye one Richard John al[ia]s Gardener, Thomas Androwe al[ia]s Shilston, Ralfe John al[ia]s Angove, Robert Custola and divers[e] other to the number of xij p[er]sons as yet unknowen unto your heighnes sayd subiect, being all evel and lawles p[er]sons of evill dispo[si]tion demeano[u]r and behavio[u]r, not having the feare of god before ther[e] eyes nor any due regarde of your ma[jes]ties whol[e]some lawes against rowte ryoute and unlawfull assemblies did in or about the xxxth daye of September then next ensuinge not far from the mancion howse of your heighnes sayd subiect called Cosewin with in the p[ar]ish of Gwinnier in the sayd Countye of Cornewall, assemble them selves together, And then and ther[e] being armed ar[r]ayed and weaponed with bowes arrowes longe pikes staves swords daggers bucklers pistoles and gunnes and other warlike weapons aswell invasive as defensive, the sayd ryotous p[er]sons by and under the conduccon of the sayd Pendervas marched towards the mancion howse of your heighnes sayd subiect at Cosewin afor[e]sayd in ryotous rowtous and tumult[u]ous manner howling and showtinge in the man[n]er of an uprore and tumilte, and so marchinge on warde and p[ro]ceedinge tyll they came to your sayd subiect’s howse afor[e]sayd and then and ther[e] during the space of ix dayes together continued in most ryotous and rowtous manner and prively lurked and hidd them selves in the daye tyme in secret places about your sayd subiectes howse, And all that tyme did put in great feare not only your sayd subiecte him selfe but all his whole howsehold s[er]vantes and retynue, At w[hi]ch tyme one of the sayd ryotous p[er]sons in great outradge and furye did stricke with his sworde drawen the sayd John Polkinghorne by w[hi]ch stroke the sayd John Polkinhorne did longe languyshe and had bin slayne outright if he had not by the goodnes[s] of god the better prevented and boren off the sayd stroke, And then and ther[e] allso they [the] sayd ryotous and rowtous p[er]sons by the inticem[en]t and p[ro]curem[en]t of the sayd Will[ia]m Pendervas as the[i]r cheef captayn and ringleader of the sayd ryot and disorder, did assault beat wound and yll intreat one Richard Rosewarne gent decessed sonne of your sayd subiecte Benedict Rosewarne, And he being sore beaten and wounded with force and armes the sayd ryotous p[er]sons did conveye and afterwarde carry him to the sayd Will[ia]m Pendervas mansion howse at Crowen to the only end and intent that the sayd Richard Rosewarne should p[ro]cure e[i]ther from your heighnes sayd subiect or from the sayd John Polkinhorne a discharge of all the former recyted ryottes and mysdemeanors w[hi]ch the sayd Richard Rosewarne not being able to p[ro]cure, was after many fowle abuses offered him, inlarged by the sayd Pendervas, wher[e] upon your heighnes sayd subiect exhibited and p[re]ferred his bill of complent into this honorable corte against the sayd Pendervas and the rest of the for[e]sayd malefactors, And sundrye of them beinge served with p[ro]ces[s] to make the[i]r p[er]sonale app[e]arance and they well knowing that they could not annswer the severall misdemeanors willfull and corrupt p[er]iuries ryottes and rowte before expressed made ther[e] for[e] default and appeared not devisinge with them selves to put in ure in the meane whyle some further practise and devise for the sayd Pendervas without any due course of p[ro]ceedinge or good ground of suite did procure uppon the sayd former execucon another execucon out of the sayd corte of Stannery and by couloure ther[e]of the goods of one Polkinhorne to the value of xx li was indirectly taken and executed, wher[e]by and by the extremytye that was offred towards him the sayd John Polkinhorne he was inforsed to satisfye and paye the sayd Pendervas his full and whole demannd all w[hi]ch unlawfull devises were practised and devysed by the sayd Pendervas to no other end and purpose but only to p[ro]cure and enforce the sayd Polkinhorne and your sayd subiect Benedicte Rosewarne to make an acquitence or release of all the matters and mysdemeanors afor[e]sayd unto the sayd Pendervas, And the sayd Will[ia]m Pendervas, Richard John al[ia]s Gardener, Thomas Androwe and Robert Custola and the rest of the malefactors as yet unknowen unto your said subiect did practise and put in ure an nother cunning slight and practise against your heighnes sayd subiect, And for that your sayd subiect did exhibite his sayd severall bills of complent aswell into this your heighnes court of Starr Chamber as allso into your heighnes corte of Chauncery and obtayned p[ro]ces[s] ther[e]upon he the sayd Pendervas did indirectly and contrarye to all lawe equitie and conscience corse and p[ro]cure your heighnes sayd subiect to be indicted in the Stannery corte of Penwith and Kirr[ie]r with in the sayd County of Cornewall befor[e] the sayd Randill sitting as steward ther[e], And at the will and pleasure of the sayd Pendervas your heighnes sayd subiect was greviously fyned and amerced to his great hinderance and impoverishm[en]t, And yet the sayd malefactors not thus satisfyed with all the wrounges vyolence ryottes rowtes and misdemeano[u]rs afore rememb[e]red, but as men fleshed in all malice and mischife did againe about the xiijth daye of February last past in like rowtous and ryotous manner ryotously forcibly and unlawfully assemble themselves together near about the howse of your sayd subiect and then and ther[e] in like warlike manner with weapon aswell invasive as defensive estsounes assaulted your heighnes sayd subiect and his s[er]vantes and they being in god and your ma[jes]ties yeare did at the[i]r will and pleasure beat and evell-entreate beat and abuse to the entent by such threates and menaces to enforce a release and discharge of all quar[r]ells controv[er]sies and of all the for[e] recyted mysdemeano[u]rs aswell from your heighnes sayd subiect asallso from the sayd John Polkinhorne to the great detrim[en]t and impoverishment of your ma[jes]ties sayd subiectes and the no lesse terror and fear of other your ma[jes]ties peaceable subiectes ther[e] aboutes inhabitinge and to the utter contempt and derogacon of your ma[jes]ties Royall crowne and dignitye if condigne severe and speedy punishm[en]t be not administred the sooner towards the sayd malefactors and offenders according to the[i]r due desertes and outragious misdemeano[u]rs. In tender regard wher[e]of and for asmuch as if such heanous offenders should escape unpunished yt would imbolden and harten them and the like lawles[s] p[er]sons estsounes to attempt and put in ure the like lewde misdemeano[u]rs, And further for that such wicked p[er]iuries rowttes ryottes foull and ennormous offences and misdemeano[u]rs ar[e] contemptuo[u]s to your ma[jes]ties Royall crowne and dignytye and not tollerable in your heighnes peac[e]able common weale, Maye yt please your ma[jes]tie to graunt unto your sayd subiect your most gracious writtes of S[ub] p[eon]a to be derected unto the sayd Will[ia]m Pendervas, Richard John al[ia]s Gardener, Ralfe John al[ia]s Angove, Thomas Androwe al[ia]s Shilsten, Robert Constola and abide such farther order commanding them thereby at a certen daye and under a certen paine ther[e]in to be limyted p[er]sonally to appere befor[e] your ma[jes]tie in your heighnes cort of Starr Chamber then and ther[e] to annswer the premises as to your ma[jes]tie shall seem best to be agreeable to lawe equitie & justice, And your sayd subiect according to his alleageaunce and bounden dewtye shall dayly praye for the p[ro]sperous estate of your ma[jes]tie in all pe[a]ce & happynes[s] long to reagne over us.

Maii a[nn]o 35 Elizabeth Regina

The demurrer and annswere of Willyam Pendervas one of the defendants, the Bill of Complainte of Bennedicke Rosewarne complayna[n]te

The sayd defendante nott acknowledginge or confessinge any thinge materyall or effectuall, contayned in the said bill of complainte concerninge him to be true, And savinge to him all advantages to the faultes untruthes and imp[er]fecions of the same for annswere to so muche of the said bill of complainte as any waye conc[er]neth this defendante he sayethe, And firste to the p[er]iurye wherew[i]th he is charged by the said bill of complainte to have committed in his annswere in div[er]s[e] poyntes to the said Bill of Complainte exhibited in the said heighe courte of Chauncerye, for thatt the said Complayna[n]te dothe nott showe in his said Bill of complainte exhibited into this hono[u]rable courte howe farre the said cause in Chauncerye proceeded, and whether the same be ended or nott, or whatt is become of the same cause w[hi]ch suite there yett dependes w[i]thout any decree fynall order or dismissian for w[hi]ch cause the said defendante demurrethe in lawe and prayethe th’opynian of this hono[u]rable courte whether he shal[l]be compelled to make any other or further annswere to the same, All w[hi]ch the said defendante is ready to averre and prove as this hono[u]rable courte shall awarde, And prayethe to be dismissed from the same w[i]th his reasonable costes and expences wrongfullye sustayned in his behalf, And as to the sev[er]all outragious disorders, ryottes, rowtes, unlawfull assemblyes, mischeifes and other misdemeano[u]rs wherew[i]th he this def[enden]te w[i]th others is charged by the said bill of complainte he sayethe that he is nott of theim nor of any of theym guylty in mann[er] and forme as in the said bill of complainte is alleaged, And the said defendante farder sayethe thatt he dyd procure a sufficyente warrante as the said defendante thinkethe againste John Polkinghorne, Katheryne Rosewarne and Richard Rosewarne att her ma[jes]ties suite uppon a contempte, dyrected to the baylyfs of the Stannery of Penw[i]th and Kyrri[er] and to Thomas Andrewe, Robert Locke and Richard Kympe for the arrestinge of 18. the said Katheryn Rosewarne and Richard Rosewarne and John Polkinghorne, accordinge to the custome and usage of the courte of the said Stannerye, And dyd deliv[er] the same accordinglye to one of the Baylifs named in the said warrantes for the execucon thereof w[hi]ch said Baylifes appoynted as aforesaid for the execucon of the said warrantes dyd by vertue of the same warrantes goe to arreste the said John Polkinghorne, Katheryn Rosewarne and Richard Rosewarne w[hi]ch is the supposed ryott and misdemeano[u]r wherew[i]th the said def[endan]te w[i]th others are charged by the said bill of complainte, as the said defendante verelye thinkethe, And touchinge the said bill of complainte mencyoned in this bill before this tyme exhibited into this hono[u]rable courte againste the said def[endan]te and others, by the said nowe complaynn[an]te for p[ar]te of the causes in this bill of complainte, as in the said bill is alleaged, the said defendante sayethe thatt true it is thatt this defendante was sued by a sub pe[o]na out of the said courte of Star chamber, and dyd thereuppon appeare, by an attorney butt there was nev[er] any bill putt into the said courte againste him uppon the same, as the said defendante was informed by his attorney, for he dyd nott then appeare in p[er]son where uppon this defendant as he is informed by his councell oughte to have full his costes, so thatt indede in the [w]hole matter the said defendant hathe juste cause to complayne, of the malitious dealinge of the said complayn[an]t, All w[hi]ch the said defendante is readye to averre and prove as this hono[u]rable courte shall awarde, And prayethe as he before hathe prayed.

Sources

1. ↑ The National Archives. Court of Star Chamber. Proceedings Elizabeth 1. Transcript of STAC 5/R32/39. Rosewarne v. Pendervas