History of corn milling .. - Centrostudirpinia.it
History of corn milling .. - Centrostudirpinia.it History of corn milling .. - Centrostudirpinia.it
162 HISTORY OF CORN MILLING: vol. iv. T^TXTr^.IXvxTTc ag^ainst the mills; but It is to be remembered, that KINGS MILLS. & • • , i i • i. i LIVERPOOL, had there been any real gravamen m their complamt— 15. Townsend had there been entertained, not a desire to ruin the Windmill, mills, but simply a wish to remove some incidental ^BumesS'^^ grievance — then an appeal to the Duchy Court was 1587. quite open to them ; and an action, as extensive and concerted as that they adopted to promote rebellion, could just as easily have been adopted to secure legal redress. More took an active part in promoting an action against the offenders, and the initiatory bill of complaint, annotated by him on behalf of Molyneux, still exists :— Cal. Due. Lane, To the Right honorable S' ffancs Walsingham K* principall secretary 30 Eliz. iii. 223. to her Mat% and Chancellor of the Duchie of Lancaster : In most humble wyse complayninge shevveth unto your honor S" Richard Molyneux of Sefton in the countye of Lancaster Knight That whereas her Mat'® is Rightfully seised in her demesnes of ffee as in the Right of her Duchie of Lane: of and in fyve Wyndmylnes wth" her Mt'*"^ Manor of West Derby comonly called Eastham Milne Townsend Milne Derby Milne Ackers Milne and Wartre Milne in the s*^ county of Lane: nere adioyninge to the townes of West darby and Lyverpoole in the said : county and being so therof seised hath demysed and lett the same to fferme unto your orator by Indenture under the Scale of this Court for divers yeres yet to come yelding therefor yerely duringe the said terme a certen yerely rent and fferme to her Mat'® her heires and successors : And wheras all the inhabitants of West darby and Lyverpoole aforesaide by all the tyme wherof the memory of man is not to the contrary have used and of Right ought to grynd all ther corne at her Mat'®^ mylnes payinge and allowinge suche Tolle as of auncient tyme hath bene used and accustomed : So it is if it may pleas your honor that one Giles Brookes John Bird Rye Shawe and divers others inhabitants of Lyverpoole aforesaid have erected and made divers horse mylnes, hand milnes and quernes in Lyverpoole aforesaid and in West Derby aforesaid, and grindeth and do dayly and from tyme to tyme grind at the same very muche mault rye barly otes and other corne and grayne spent in the sev'rall mesuages of the said Town of Lyverpoole and the Manor of West Derby ; by reson wherof the custume of grist of her Mat'^' said mylnes is very greatly hindered decayed and ympayred, to her Mat'®^ disinheritance and yo"" orators hindrance in his saide fferme : So as the p'fit of the said Wyndmylnes ... [is not sufficient] to pay the yerely rent and fferme reserved and due for the same to her Mat*® : In considerac5n wherof may it pleas your honor to graunt unto your orator the Queenes Mat'®' most gracious Writt of Iniunccon
SOME FEUDAL MILLS. 163 comandinge the saide Giles Brookes John Bird and Rye Shawe and IV. all others that have erected and made eny the afforesaid milnes or KING'S MILLS, do use or occupie eny of the saide mylnes in Lyverpoole and West : derby aforesaid and at any tyme sithence the fferst yere of her Mat'^^ 15, Townsend rrr^u J • . [The Iniunccon must reign, upon such ^i-i^^ penalty as your jru honor ^ shall -j Wind vinumiii. mill but extende y' selfe to all suche mylnes any corne or malt at the same hereafter, or els ^^^^^^ "^^te, to surcease and forbeare to grind Action against as be made sence the to appere before your honor in the Duchie fyrstyereofherMat'- Chamber at Westm"^ at such day as your honor """^ ^""^ shall therin funher.] lymyte and appoint to shew cause whye they ought not so to do : and also to answere their unlawful! doinge in this behalf: And your orator shall dayly pray Burgesses icS? &c. [Some howes youe most mend the byll w*''' is putt into the Duche accordinge Moore Papers t;, to tiiis copye and then the Iniunccon must be made accordynge to the byll ; and then all is well.—W"* More.] In due course the defence was entered as follows :— The iointe and severall answeres of John Birde and Giles Brooke defts to the Bill of Complaint of S' Richarde Molinex K"' complt. The said Defts saie and either of them for himself saithe That the said bill of Complainte exhibited againste theis defts into this honorable Courte is very uncerten and insufficient in the Lawe to be Answered, for dyvers and sundrie manifest causes and faltes therein appearinge (as theis defts by ther Counselle Lerned are Informd). And the matters therin conteined are sett forthe, continued and devysed as theis defts verelie thinke by one Willm More of Banckhall nere Leverpoole in the said countie of Lancaster esquier in the name of the said S' Richard Molinex and upon his p'per costes and chardges ; psecuted either upon some private malice conveyed by the saide Willm More againste theis defts or •otherwise for his owne lucre and gaine, w%ut respect either of her Mat""^ benefit or service, or the good estate of the whole inhabitants of the saide town of Leverpoole, beinge an Alderman of the said towne : Neverthelesse the benefitt and advantage of exception to the Incertentie and Insufficience therof to theis defts and either of them at all tymes hereafter saved and reserved— For answere and plaine declaracon of the trueth to the saide surmysed matters the saide defts and either of them saie that they and either of them are inhabitinge and dwellinge in the saide towne of Leverpoole in the saide countie of Lancaster, wch towne of Leverpoole is an Auncient Burroughe and porte or haven Towne nere adioyninge to the sea coaste, into wch towne aswell divers honorable p'sonages and other her Mat'^^ officers have used divers times to repaire and resorte for the affaires of her highness s'vices both out and into Ireland. And that her Mat'" forces and soldiers for those pts appointed and ells where upon her highness business have sundrie times usualy taken shipping and landed
- Page 131 and 132: SOME FEUDAL MILLS. Ill displeasure
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SOME FEUDAL MILLS. 163<br />
comandinge the saide Giles Brookes John Bird and Rye Shawe and IV.<br />
all others that have erected and made eny the afforesaid milnes or KING'S MILLS,<br />
do use or occupie eny <strong>of</strong> the saide mylnes in Lyverpoole and West :<br />
derby aforesaid and at any tyme s<strong>it</strong>hence the fferst yere <strong>of</strong> her Mat'^^ 15, Townsend<br />
rrr^u J •<br />
.<br />
[The Iniunccon must<br />
reign, upon such ^i-i^^ penalty as your jru<br />
honor<br />
^<br />
shall<br />
-j<br />
Wind vinumiii. mill<br />
but extende y' selfe<br />
to all suche mylnes any <strong>corn</strong>e or malt at the same hereafter, or els<br />
^^^^^^ "^^te, to surcease and forbeare to grind Action against<br />
as be made sence the to appere before your honor in the Duchie<br />
fyrstyere<strong>of</strong>herMat'- Chamber at Westm"^ at such day as your honor<br />
"""^ ^""^<br />
shall therin<br />
funher.]<br />
lymyte and appoint to shew cause<br />
whye they ought not so to do : and also to<br />
answere their unlawful! doinge in this behalf: And your orator shall<br />
dayly pray<br />
Burgesses<br />
icS?<br />
&c.<br />
[Some howes youe most mend the byll w*''' is putt into the Duche accordinge Moore Papers t;,<br />
to tiiis copye and then the Iniunccon must be made accordynge to the byll ; and<br />
then all is well.—W"* More.]<br />
In due course the defence was entered as follows :—<br />
The iointe and severall answeres <strong>of</strong> John Birde and Giles Brooke<br />
defts to the Bill <strong>of</strong> Complaint <strong>of</strong> S' Richarde Molinex K"'<br />
complt.<br />
The said Defts saie and e<strong>it</strong>her <strong>of</strong> them for himself sa<strong>it</strong>he That<br />
the said bill <strong>of</strong> Complainte exhib<strong>it</strong>ed againste theis defts into this<br />
honorable Courte is very uncerten and insufficient in the Lawe to<br />
be Answered, for dyvers and sundrie manifest causes and faltes<br />
therein appearinge (as theis defts by ther Counselle Lerned are<br />
Informd). And the matters therin conteined are sett forthe,<br />
continued and devysed as theis defts verelie thinke by one Willm<br />
More <strong>of</strong> Banckhall nere Leverpoole in the said countie <strong>of</strong> Lancaster<br />
esquier in the name <strong>of</strong> the said S' Richard Molinex and upon his<br />
p'per costes and chardges ; psecuted e<strong>it</strong>her upon some private<br />
malice conveyed by the saide Willm More againste theis defts or<br />
•otherwise for his owne lucre and gaine, w%ut respect e<strong>it</strong>her <strong>of</strong> her<br />
Mat""^ benef<strong>it</strong> or service, or the good estate <strong>of</strong> the whole inhab<strong>it</strong>ants<br />
<strong>of</strong> the saide town <strong>of</strong> Leverpoole, beinge an Alderman <strong>of</strong> the said<br />
towne :<br />
Neverthelesse the benef<strong>it</strong>t and advantage <strong>of</strong> exception to<br />
the Incertentie and Insufficience ther<strong>of</strong> to theis defts and e<strong>it</strong>her <strong>of</strong><br />
them at all tymes hereafter saved and reserved—<br />
For answere and plaine declaracon <strong>of</strong> the trueth to the saide<br />
surmysed matters the saide defts and e<strong>it</strong>her <strong>of</strong> them saie that they<br />
and e<strong>it</strong>her <strong>of</strong> them are inhab<strong>it</strong>inge and dwellinge in the saide towne<br />
<strong>of</strong> Leverpoole in the saide countie <strong>of</strong> Lancaster, wch towne <strong>of</strong><br />
Leverpoole is an Auncient Burroughe and porte or haven Towne<br />
nere adioyninge to the sea coaste, into wch towne aswell divers<br />
honorable p'sonages and other her Mat'^^ <strong>of</strong>ficers have used divers<br />
times to repaire and resorte for the affaires <strong>of</strong> her highness<br />
s'vices both out and into Ireland. And that her Mat'" forces and<br />
soldiers for those pts appointed and ells where upon her highness<br />
business have sundrie times usualy taken shipping and landed