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
[Document damaged in top left hand corner]
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.