STAC 5/ D20/4

Robert Delve c. Richard Shosmith, John Saxby, Robert Ballard and Nicholas Spenser

Bill of Complaint of Robert Delve,

Michaelmas 1577,

A husbandman of Uckfield, Sussex. Thomas Delve, his father, held a messuage of 150 acres, meadow and pasture in the parishes of Concymanlinge (this is how it appears), Ringmer and Framfield in the county of Sussex. These have descended to the plaintiff as his heir but have been unjustly detained from him by Thomas More and the plaintiff has resorted to many costly suits to regain them. Seeing no end to these suits, he asked his son, Robert, and William Warre to enter in a peaceable manner into own tenement and house called Saunders, in which one Robert Shosmith did dwell. They were only to enter if they found the door open and were not to use violence or force. On 9 June last, on a Sunday after evensong, they went in a peaceable manner to enter and take quiet possession of the house and took various neighbours with them to act as witnesses of the manner of entry. They found the door open and no one inside. So they entered and took possession. The following day Shosmith, Saxby, Ballard,  Spenser, Nicholas Collin and others, with swords, daggers, staves etc. “in a most riotous and unlawful manner” came into the house. Shosmith broke open a window with an axe. Warre tried to prevent this but was attacked by Saxby with a sword. Finding they could not enter the house, they camped around it and continued for three or four days and attacked the house day and night. Warre and Delve dare not leave the house for fear of their lives. Ask that Shosmith and the others be asked to appear before Star Chamber to answer these charges.

Answers of Shosmith, Saxby, Ballard and Spenser,

No date

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Richard Shosmith maintains he has nothing to do with the messuage and lands mentioned in the bill, supposed to be in the tenure and occupation of Thomas Amore[More]. Knowes that there have been several suits between Amore and Delve, one in King’s Bench and one in Common Pleas. Afterwards Delve exhibited a bill in Chancery against Amore. The case against the latter was discharged in the Court of Common Law. Delve then sued Amore and his wife Jane in the Spiritual Court for probate of a will, whereby Jane held the same lands. Lately Delve brought an action of trespass against Amore in King’s Bench. Delve, by means of his great wealth is constantly in suit. Shosmith maintains that he is a poor man and has nothing to do with the lands of Amore. He was expelled with great violence by Delve from the property he lived in for nine years and he exhibited a bill in Chancery against Delve.

 As a result, the property was restored to him and his heirs. He holds the cottage and garden from Amore as of the Manor of Delphes by feultie at the yearly rent of 4d. he and his wife left their house to go to Framfield, pinning up the windows and locking the doors. On his return with his wife and children, they were prevented from entering by Delve’s son Robert and William Warre. The following day he went to a JP to complain of this treatment. But the JP could not help. Shosmith went and lay down not far from his house, at his wit’s end as to know what to do next. John Saxby and Nicholas Collin found him and offered to help. Shosmith and Saxby went to the house and other men went along as witnesses. They tried to enter, Saxby loosening a window with his sword. But they were attacked with a bill and a pitchfork by Warre and Delve. Shosmith and Saxby said they would call the JP. Saxby left and Shosmith asked Nicholas  Collin to stay. Collin pleaded that he was not well but sent his man, Robert Ballard in his place. Delve and Warre were inside the house all week, being supplied with victuals. On the Thursday night, around midnight, Shosmith was lying on the ground on one side of the house and Ballard and Saxby sitting on the other side, they heard a great company coming. There were about 20 in the group including Edmund and Thomas Bence and John Delve with javelins, staves and other weapons. They attacked Ballard and Saxby, so they were in great danger of their lives. They threw stones at Shosmith on the other side of the house, injuring him so that he was in bed for three days, could not work and had to live off the relief of the parish of Ringmere. Afterwards Shosmith exihibted his bill in Chancery and was granted access to the house but Delve continued to harass and terrify him and exhibited this bill. Denies that he and the other defendants were guilty of riot or assembly.

Nicholas Spenser said he was sent by Amore’s wife to prevent Thomas Shereman (one of Delve’s friends) from grazing cattle on her husband’s cornfield, close to Shosmith’s house. About midnight on Thursday 13 June last, he was watching the corn and heard a great company approaching. He asked them what they were doing, but, without replying, they surrounded him and struck him with great violence.

Replication of Robert Delve to the answers of Shosmith, Ballard etc.,

No date,

Gives details of the ownership of the land in Ringmer in the Delve family. Repeats his allegation that Shosmith attacked the door with an axe and denies the charges in the answer.

Rejoinder of Richard Shosmith, John Saxby and Robert ballard to the Replication of Robert Delve,

No date,

Maintain their answers are true. Saxby and Shosmith went to the house only to try and enter it.