STAC 5/B41/40

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Court of Star Chamber:

Robert Brandling v Robert Dente, George Dente, John Dente, James Osburne, Thomas Smythe, Franncis Hearon, Percivall Maltland, Andrewe Tompson & John Muffyt

Transcript: Dave King



Contents

Bill of Complaint:

(Note there is also another copy of this bill in the bundle)

date tbc

.... Jones .... pro defti

To the Quenes most Excellente Ma[jestie]

Complayneinge shewethe and Informethe unto your Ma[jestie] youre dutyfull and loyall Sub[jecte] Robte Brandlinge of Fellinge in the Countie of Deresme Esquire that Whereas your saide sub[jecte] for div[er]s yeres last past was and yet is lawfullye seized in his demesne as of Fee of in and upon the sixte p[ar]te of the Towne of Jesmond in your Ma[jesties] Countye of Northumberland and of in and upon div[er]s landes tene[ments] and heredit[aments] in sev[er]altie in the feildes & p[re]cinctes of the sayde towne And amonge other thinges of in and upon one flatt of errable Land in the Easte feild of Jesmonde aforesayde Called & knowne by the name of the Well Flatt where your sayde sub[ject] havinge Cole Myne did to his verye greate charge aboute twoe yeere[s] agoe caused to bee synked and digged one pitt or shafte and one grove for the gettinge and drawinge the sayde Coles oute of the sayd Cole Mynes But nowe so it is most dreade sov[erei]gne that Robt Dent George Dente and John Dente the sonn.. of George Dente of Newcastle upon Tyne havinge conceived a greate displeasure againste your sayd sub[ject] for seekinge to bringe one George Dente there father to exemplarye punish[men]te for div[er]s offences Complayned of by your sayde sub[ject] Comytted by hym to the disinherision of your said sub[ject] did growe into most extreame malice rage and furye againste your sayde sub[ject] And thereupon p[ur]posinge to overthrowe your sub[jects] estate, did by themselves and others by them p[ro]cured most riotouslye routouslye and unlawfullie Cutt downe the sayde grove w[hi]ch your sayd sub[ject] had made att Jesmond aforesayde for the cuttinge of his coles oute of his mynes there For w[hi]ch there said lewde offence & some other like lewde mysdemeanors attempted & Comytted by them & there Confederates againste your said sub[ject] he complayned to your Ma[jesties] Counsell in the Northe whereupon due p[ro]ffe made of there said offences, they the sayde Dentes & there Confederates were fyned & imprisoned for there said offences. But the said Robte Dente George Dente the younger and John Dente beinge p[er]sons of most outrageous Condicon & behavior caryed awaye w[i]th there owne violent outragious & malicious affections, not haveinge the feare of god before there eyes nor any regarde of your Ma[jesties] most wholesome lawes & statutes nor respectinge or regarding the censure of your Ma[jesties] said Councell in the North have since the same tyme geven out speeches that , that was not [?all?], but [?that?] the wold doe more then that against your said sub[ject], and thereupon Conspired & confederated themselves w[i]th one James Osburne Thomas Smythe & Franncis Hearon beinge Scottes men by byrthe and suche as were fitt instrum[en]tes for them to worke there will withall against your said sub[ject] And did first p[er]swade w[i]th the saide James Osburne beinge form[er]lye used by them or one of them to bee the overman of there Colearye by themselves and by the meanes of the said James Osburne labored & p[er]swaded w[i]th the said Smythe & Hearon (beinge men att the Comannd[men]te & disposicion of the said Dentes havinge bene beefore used in the said Dentes Coleworkes & men of base condicion & lewde disposicion & therefore fitt for such an accon) That they the sayde Smythe & Hearon & other there adherentes to your sayde sub[ject] yett unknowne sholde by under Myninge [a] quarrye of stone whereupon one River called Useborne did runn sholde lett the sayde River throughe there one Wasted Coleworkes in Bicker (beinge a Lordeshipp nexte adjoyneinge to the Towneshipp of Jesmond and devided from [the] same w[i]th the sayde River called Useborne where they hadd gotten oute all the said Dentes Coles before and hadd before latelye geven ov[er] the same) into your said sub[ject] his Cole Myne in Jesmonde aforesaide to drowne the same And for that p[ur]pose they the sayd Thomas Smythe & Franncis Hearon and the sayde other unknowne p[er]sons by the instigacon direction appointe[men]te & p[ro]curemente of the sayde Robte Dente George Dente John Dente & James Osburne did begyn to under myne & worke downe the sayde pillers of Coles that bare upp the said quarrye of stone where upon the said River called Useborne did runn as aforesaide in or aboute the beginninge of the monthe of Februarye in the xlijth yere of your highenes Reigne And so continewed hewinge downe the sayd pillers of Coles & undermyninge ye said quarrye of stone Whereupon ye said River did runne as aforesaid Untill aboute the laste daye of the sayde Februarye then nexte followinge Att w[hi]ch tyme the sayde quarrye beinge undermyned as aforesaide did Crack breake Shrinke & fall downe in div[er]s places And so the sayde Whole River called Useburne or the greateste p[ar]te thereof did runne throughe the sayde Cracks or breaches of the sayde quarrye into the sayde Dentes there olde & Wasted Coleworkes where they had caused all there sayde Coles to bee gotten oute & had lefte workeinge in as aforesaid w[hi]ch your said sub[ject] havinge knowledge of he did ymediatlye sett manye workemen for makeing of Dams & Usinge all possible meanes to have .... the sayde water beinge leyy into ye sayde Dentes oulde wasted workes oute of your sayde sub[jects] newe Coleworkes befor mencioned And by suche Dams & other meanes as your sayde sub[ject] then used to his extreame Charge hee kepte the sayde water oute of the sayde Colemynes until the seconde daye of the monthe of Aprill then nexte followinge Att w[hi]ch tyme ye sayde water rysinge to an extreame heighte & weighte in ye sayde Wasted workes broke the sayde Dams & Utterlie overrunne your s[ay]de sub[ject] his saide Coleworkes to your said sub[jects intollerable losse & damage, And to the losse of A hundred poundes p[er] Ann[um] unto your Ma[jestie] w[hi]ch wolde have rison by the Custome or Ymposicion of twelve pence to your Ma[jestie] for ev[er]ye Chawder in the sale of ... sayd Coles And to the greate annoyance of All your Ma[jesties] sub[jects] havinge any Cole Mynes neere unto the same And whereas further your sayde sub[ject] p[er]ceavinge that the sayde Cole Myne was drowned up by the runninge of the [said] River into the same as aforesaide, did sinke another newe shafte or pitt in another p[ar]te of the sayde grounde at Jesmond aforesayde hopeinge thereby to gett some other p[ar]te of his sayde Coles att Jesmonde aforesaid ... for the p[re]servacon of the sayde newe pytt did buylde suche a house ov[er] the same as some of his workemen or servantes might continuallye dwell in And made the walls of the said house of stone & p[ur]posed to [co]ver the Rafe thereof w[i]th firdiles that hee had provided for that p[ur]pose, they the sayde Robte Dente George Dent the younger & John Dente p[er]ceavinge the same And thinkeinge w[i]th themselves that your sayde sub[jects] workemen or servantes sholde come to dwell in the sayde howse then they sholde bee p[re]vented from doinge the lyke outerage for the overthrowinge of that [last] pytt as the .... done before to the other And continewinge there sayde form[er] malice againste your saide sub[ject] & being then more then ev[er] before inraged against hym for that hee had p[ro]cured them some punish[men]te ... some of there mysdemeanors did resolve w[i]th themselves that they wolde outragiouslye ov[er]throwe that pitt allso as they beefore had done the other. And thoughte w[i]th themselves that there safeste Course to a.... d...ge of Lawe was to cause the same to bee ov[er]throwne in the nighte tyme & beefore the saide [?tenante?] came to dwell in the sayde house And for that purpose they did Combyne & confederate the[mse]lves w[i]th the saide James Osburne Thomas Smythe & Franncis Hearon & W[i]th one Persivall Maltland Andrewe Tompson & John Muffitt the servantes of the sayde Robert Dente & w[i]th div[er]s other p[er]sons ..... sub[ject] yett unknowne resolvinge w[i]th there asistance riotouslye to caste downe & overthrowe the sayde newe Cole Pitt. And for that ende they the saide Robte Dente George Dente the yonger James O[sbur]ne Thomas Smythe Francis Hearon Persivall Maltlande Andrewe Tompson John Murfitt and the sayde other unknowne p[er]sons, did riotouslye and unlawfullie arme themselves w[i]th swordes ...gers mattockes axes hackes & other unlawfull weapons And beinge so armed did assemble themselves riotouslye & unlawfullye togeather unto your sub[ject] his Cole pitt att Jesmond afores[ai]d upon the eighte daye of ...ember in ye said xlijth yeere of your Ma[jesties] Reigne & did then & there riotouslie & unlawfullye breake downe ye walls of your sub[jects]said house, w[hi]ch had before caused to bee there built as afores[ai]d, And entred into th... house & did then & there cutt in peeces a payre of newe ropes of twentye fathome longe & did cast ye Rowle of the said Cole pitt, w[hi]ch was for the drawinge oute of the sayde Coles into ye bottome of the sayd .... cutt downe ye sheathes frame & Tymber worke of the sayde Cole pitt by reason whereof the sydes of the sayde Cole pitt did fall in, And ye sayd Cole pitt beinge worthe three hundred poundes ...... then was and yet is in greate dannger to bee loste therebye & cannott bee recov[er]ed, w[i]thoute greate Charge to your sayd sub[ject]. And your sayde sub[ject] further shewethe & enformethe your most excellente M[ajestie] that ..... Robte Dente George Dente & John Dente haveinge likewise conceaved some causeles displeasure againste one Richarde Pyttes havinge bene for div[er]s yeres last past one of your M[ajesties] Customers of the Towne of [Newe] Castle Upon Tyne did arme & arraye themselves w[i]th swordes daggers and other unlawfull weapons in the markett place att Newecastle aforesayde upon or aboute ye laste daye of Aprill in the xljth [yere] of your highnes Reigne & beinge so armed & arrayed did then & there riotouslie & unlawfullie drawe oute there s[ai]d swordes & daggers & there w[i]thall did make a haynous assallte & affraye upon the sayde R[ichar]de Pitts beinge in peaceable mann[er] unarmed in a ...le syde gowne neere the sayde Custome house attendinge your M[ajesties] service there, And the sayde George Dente & John Dente did then & there w[i]th there ....... drawne swordes riotouslie & unlawfullie geve unto the sayde Richarde Pittes div[er]s grevous woundes upon his heade & other places of his bodye beinge then Comannded & encourraged by the sayde [Robert]e Dent then & there to kill & murther ye sayde Richard Pittes w[hi]ch they had most desperatelye & wickedlie p[er]formed yf they had not bene restreyned from there wicked purpose therein by the [Al]dermen And div[er]s other of your M[ajesties] sub[jects] of Newcastle afores[ai]d whoe were then p[re]sente. But they the sayde Robte Dente George Dente & John Dente beinge restreyned by the sayd Aldermen & Magistrates [of] Newcastle afores[ai]d who were then p[re]sent & by them required in your M[ajesties] name to putt up there swordes & keepe your Ma[jesties] peace were so far from submittinge themselves to your Ma[jesties] authoritie therein as that th[ey] did not onelye continewe there riotous violence & outrage towardes hym ye sayd Richard Pittes but allso gave verye contemptuos & revilinge speeches against the sayde Magistrates, & not so contented offred v[iol]ence unto the sayd Magistrates & had surelye slayne & murthred them or some of them yf they had not bene restreyned by div[er]s your Ma[jesties] sub[jects] that were then p[re]sente & sawe & harde ye same as aforesayde, all w[hi]ch sayd mysdemeanors & offences have bene p[ro]cured Comitted & done since your M[ajesties] last free & generall p[ar]don In tender Consideracion whereof & because ye sayde conspiracies ryotes routes unlawfull assemblies practises & misdemeanors are to ye greate dishonor of [a]lmightie god and Contrarye to your Ma[jesties] Lawes & to ye greate losse & hinderance of your Ma[jestie] to ye greivous & intollerable damage of your s[ai]d sub[ject] & to ye greate anoyance of manye other your Ma[jesties] sub[jects] & wold prove most [?p[er]nicious?] & danngerous in a Civell state and Christian Comonwealthe yf they shold escape w[i]thoute due punish[men]te & due reformacon In regard whereof & to thende yt ye s[ai]d offenders may receave punish[men]te due to there s[ai]d greevous & haynous offences. May it therefore please [your] most excellent Ma[jestie] to grannt unto your s[ai]d sub[ject] your Ma[jesties] most gracious sev[er]all writtes of Subpena to bee ..rected to ye s[ai]d Robte Dente George Dente ye younger John Dente James Osburne Thomas Smythe Franncis [Hearon] Percivall Maltland Andrewe Tompson & John Muffyt comanndinge them & each of them att a certeyne daye & under a certeine payne therein to bee lymitted p[er]sonallie to bee & appere before your Ma[jestie] in your highenes most ho[norable] Courte of Starrchamber then & there to answere ye premises And to stand to suche further order & direction toucheinge ye p[re]mises as to your highnes honorable Counsell of that Courte shall ... thoughte meete & conveniente. And your sayd sub[ject] shall daylye pray unto god for your highenes in healthe & happines longe to Reigne over us

Topham


The answer of John Dent:

The answere of John Dent one of the defendts to the bill of Robt Brandlinge Complt

The said defendt as touchinge the ryotous assault and affraye in the bill menconed supposed to be comitted upon the said Richard Pittes saith that Robt Dent this defendts brother metinge by channce w[i]th the said Richard Pittes about the time in the Bill menconed upon some wordes of displeasure there happened some quarell betwene them on the sodaine at w[hi]ch time this defendt beinge also casually p[re]sent in the defence of his said brother who was froced to taike a house for safgard of his life did give some smale hurte to the said Richard Pittes sithens w[hi]ch tyme the said Richard Pittes and this defendt are fully reconciled and maid Frindes and the said Richard Pittes in that behalfe is compounded w[i]thall and satisfied And yett nev[er]theles this defendt saith that the now complt haith heretofore emongest other thinges exhibited and p[ro]secuted compleynt or Informacon against this defendt aswell for the same assault and affraye As also as he himself declareth in the said bill for the supposed ryotous cuttinge downe of the grove in the bill menconed before her Ma[jesties] Councell established in the North p[ar]tes To w[hi]ch Informacon this defendt did appeare and thereto maid answere upon his oathe And after that the matteres in the said Informacon contained came to hearinge and this defendt about Mach[aelm]as last past was upon the hearinge thereof so farrforthe fined and censured as the said Councell then thought fitt as by the decree thereof (whereunto and to all the p[ro]ceedinges there this defendt in that behalfe referethe hime selfe) may at large appeare All w[hi]ch sithens that time this defendt for so muche as concerne him he saith he haith alreadye eyther discharged or by himselfe or by some other in his behalfe compounded for accordingly so that he hopeth this honorable Courth as touchinge the said supposed ryott and affraye as also touchinge the said supposed misdemeanor in cuttinge .... of ye said grove will dismisse this defendt w[i]th his costes And therefore he prayeth the opinion of the said court if he the said defendt as touchinge the said two sev[er]all supposed misdemeanors before menconed ought to maike any further or other answere thereto And as to all and ev[er]ye other the offences conspiracies practisies p[ro]curem[en]ts ryottes combinacons unlawfull assemblies and misdameannors in the said bill menconed laide to this defendts charge and examinable in this honorable Court he this defendt ys not thereof nor of any of them guiltye in mann[er] and forme as in the said bill is suggested All w[hi]ch this defendt is readye to averr and p[ro]ve as this honorable Court shall award and prayeth to be dismissed w[i]th his reasonable costes and charges in this behalfe sustained

John Dent

Jo: Browne


The answer of Robert Dent:

... Maij Anno 43 Elizabeth Regine Willm Mill

The Answere of Robart Dent one of the defendants to the Bill of Robart Brandlinge Complt

The said defendt as touchinge the ryotous assault and affray in the bill menconed supposed to be comitted upon the said Richard Pittes saith that he this defendt mett by channce with the said Richard Pittes aboute the tyme in the bill menconed and upon some wordes of displeasure betwene them on the sodaine the said Richard Pittes receaved some smale hurte But this defendt saith that sithens that tyme the said Richard Pittes and this defendt are fully reconcyled and maid frindes And the said Richard Pittes in that behalfe is compounded withall and satisfied And yett nev[er]theles this defendt saith that the nowe complt heretofore haith emongest other thinges exhibited and did p[ro]secute compleint or Informacon against this defendt for the same assault and affray before her Ma[jesties] Councell established in the North p[ar]tes although it did not concerne him at all to this defendts knowledge: To w[hi]ch Informacon this defendt did appeare and thereto maid answere upon his oathe. And after that the matters in the said Informacon contained came to hearinge and this defendt about Mich[aelm]as last past was upon the hearinge thereof so farreforthe fyned and censured as the said councell then thought fitt as by the decree thereof (where unto and to all the p[ro]cedinges there this defendt in that behalfe refereth him selfe) may more at large appeare: All w[hi]ch he saith he haith sithenes that tyme paid discharged or compounded for accordingly so that this defendt hoopeth this honorable Court as touchinge the said supposed ryott and affray will dismise this defendt w[i]th his costs. And as to all and ev[er]ye the offences conspiraces practises p[ro]curem[en]ts ryottes combinacones unlawfull assembles and misdameanors in the said Bill menconed laid to this defendts charge and examinable in this honorable Court he this defendt is not therof nor of any of them giltye in mann[er] and forme as in the said Bill is suggested All w[hi]ch this defendt is ready to averr and prove unto this honorable Court [?with?] this moreov[er] that he will averr and p[ro]ve as he verely thinketh that the Colemynes of this defendt in the bill [?spe[cif]ied?] were drowned & that the roofe and ground ov[er] the same did fall at such tyme as this defendts servantes wrought dayly in the same mynes not beinge wasted nor any intent then in this defendt to forsaike the wininge of cooles in the same as in the bill is suggested. And this defendt will further p[ro]ve as he thinketh that this great damage happened to this defendt throughe and by the mallicious and wilfull act of the complt or of his workmen and by the cuttinge through of a dicke or wall of cole w[hi]ch was left in the division or bounder betwene the cole myne of the said complt and the cole myne of the lords of Jesmond w[hi]ch adioyne to this defendts cole myne neare Useborne in the bill menconed, And that by the cuttinge through of the said dicke the waters w[hi]ch stode in the wastes and myne of the said complt rane downe into the myne of this defendt lying in a lower levell by meanes whereof the same were drowned to the greate damage of this defendt, who humble prayeth to be dismised w[i]th his reasonable Costes and charges in this behalfe sustained

Rich... Hutton 1601 Jo: Browne


The answer of George Dent:

The answere of George Dent one of the defendts to the bill of Robt Brandlinge Complt

The said defendt as touchinge the ryotous assault and affraye in the bill menconed supposed to be comitted upon the said Richard Pittes saith that Robt Dent this defendts brother mett by channce w[i]th the said Richard Pittes about the time in the bill menconed and upon some wordes of displeasure betwene them on the sodaine the said Richard Pittes and this defendts said brother fell to strokes at w[hi]ch time the said Richard receaved some smale hurte but not by the act of this defendt sithence w[hi]ch time the said Richard Pittes and this defendt are fullye reconsiled and maide frindes And the said Richard Pittes in that behalfe ys compounded w[i]thall and satisfied And yett nev[er]theles this defendt saith that the now complt heretofore haithe emongest other things exhibited and p[ro]secuted compleint or Informacon against this defendt for the same assault and affraye before her Ma[jesties] Councell established in the North p[ar]tes And also (as hime selfe by his owne bill supposeth) for the s[ai]d supposed ryotous cuttinge downe of the grove in the billmenconed To w[hi]ch Informacon this defendt did appeare and thereto maid answere upon his oathe And after that the matters in the said Informacon contained came to hearinge and this defendt aboute Mich[aelm]as last past was upon the hearinge thereof so Farrforthe fyned and censured as the said Councell then thought fitt as by the decree thereof (whereunto and to all the p[ro]ceedinges there this defendt in that behalfe referreth hime selfe) may at large appeare. All w[hi]ch he saith he haith sithence that tyme paid or by hime selfe or by some others in his behalfe discharged or compounded for accordingly so that this defendt hopeth this honorable Court as touchinge the said ryott and affraye supposed to be comitted upon the said Richard Pittes and also touchinge the said other supposed misdameannor for cuttinge downe of the said grove will dismisse this defendt w[i]th his costes. And as to all and ev[er]ye other the offences conspiracies practisies p[ro]curem[en]tes ryottes combinacons unlawfull assemblies and misdameannors in the said bill menconed laid to this defendts charge and examinable in this honorable Court he this defendt is not thereof nor of any of them guiltye in mann[er] and forme as in the said bill ys suggested All w[hi]ch this defendt is readye to averr and p[ro]ve as this honorable Court shall award and prayethe to be dismissed w[i]th his reasonable costes and charges in this behalfe sustained

George Dente

Jo: Browne


The answers of Thomas Smyth, Francis Hearon, Andrew Thompson & John Muffitt:

The answere of Thomas Smyth Frannces Hearon Andrewe Thompson and John Muffitt defendts to the bill of Robt Brandlinge complt

The said defendts sayen and ev[er]ye of them sev[er]ally for him selfe saith That the said complt rather of a troublesome and malityous disposicon (as they veryly thinke) to vexe and molest these defendts and to undoe them by unreasonable charges in the lawe [(]some of theym beinge but poore [ser]vingmen and others of theym laboreres in colyerie and colemynes) then of or for anye iuste cause or good ground of suite haith exhibited and p[er]cecutethe his said slannderous bill against them in this most honorable Court. Nev[er]theles the said defendts for answere sayen and ev[er]ye of them sev[er]ally for him selfe saithe That as to all and singular the ryottes unlawfull assemblies practisies conspiracyes and misdemeannores in the said bill menconed ioyntly or sev[er]ally laid to theise defendts charge whereto they ought to maike answere and w[hi]ch are examynable in this most honorable Court they and ev[er]ye of them are not and is not thereof nor of any p[ar]te thereof guiltye in manner and forme as in the said bill is verye untruly suggested. All w[hi]ch matters theise defendts are readye to Averre and p[ro]ve as this honorable Court shall award And prayen and ev[er]ye of them prayethe to be dismissed w[i]th his reasonable costes and charges in this behalfe wrongfully sustained


[mark of] Johes Muffitt [mark of] Thom Smith [mark of] Franncis Hearon [mark of] Andrei Thompson

Jo: Browne


The plea and answer of Robert Dent & James Osborne:

...... [?maij?] Anno 43 Elizabeth R...e Willm Mill

The plea and answeare of Robert Dent gent and James Osborne Twoe of the deffendants to the Bill of Complaint of Robert Brandlinge Esquier Complt

The said deffendants doe saye uppon their oathes that bothe the Complainant and the deffendants are inhabitinge and dwellinge w[i]thin the iurisdiction of her Ma[jesties] Counsell established in the North and do all Inhabyte & .... usually abide in the Counties of Northumberland Newcastle uppon Tyne and Duresme ... some of them very fare distant from London And for as much as her Ma[jestie} of her gracious Clemencie for the Ease of her subiectes travell and Charge dwellinge in those farr and remote Countyes hathe established a Counsell in the North before whome matters of that nature and Quallitie are prop[er]ly determinable as are Conteyned in the Bill beinge but as they are alledged and sett forth by the Complainantes owne supposicon, Riotes of small importannce and conc[ern]ing tytles Theye praye to be dismissed And these deffendantes further saye that there hath ben hertofore suite before her Ma[jesties] said Councell prosecuted by the meanes of the Complt against some of these deffendantes for and concern[ing] someof the misdemeanors and matters menconed in the Bill and nowe for the further vexacon and greater Trouble of these deffendantes Complained of here. All w[hi]ch matters these deffendantes are ready to averr and prove as this honorable Court shall award, and humblie praie to be dismissed w[i]th theire Co[sts] and Charges in this behalfe wrongfullie sustained

Richarde Hutton p. 1601


The answer of James Osborne:

The answere of James Osborne one of the defts to the Bill of Robt Brandlinge esqr defendt (sic)

The said defendt for Answere saith That as to the offences conspiracies practises procurem[en]ts ryottes unlawfull assemblies combynations and misdemeanors in the said Bill contayned any wayes touchinge or concerninge this deft and wherew[i]th in the said Bill he is charged he this defendt is not of theym nor of any of theym guiltie in sutche sort maner & forme as in the said bill is slannderouslie sett forth. All w[hi]ch this defendt is ready to averre and prove as this honorable Co[ur]t shall awarde. And therefore prayeth to be dismissed w[i]th his reasonable Costes and charges in this behalf moste wrongfully sustayned.

[mark of] Jacobi Osburne

Jo: Browne


Interrogatories:

Interrogatories to be ministred to James Osbourne George Dent John Dent Thomas Smythe Fransis Heron Persevell Mautland Andrew Tompson and John Moffite defendts to the bill of Complaynte of Robte Brandlindge Esquier Complt

Imprimis Whether did the sayd Robte Dent after the sayd ...ve was so Cutt downe as aforesayde speake thereof sayinge that that was not all for that the plt should have more done to him than that or used words tending to the like effect

[2] Itm whether did the sayd George Dent and John Dent since the sayde grove was hewen downe as aforesayde offer to shoote a gun or gunes at the plt, And whether did the sayd George Dent then say in the hearynge of the sayde Robte Dent at that tyme that they moyninge the sayd Georg and his sayd brothern hoped to see the plt not worth a grote or any speaches tendinge to the like effect

3 Itm whether had the sayd Dents the defendts or some of them or ther p[ar]teners att the sayd Coole workes to the number of twentye workefolkes or therabouts about the gettinge of Coles at a Cole pitt in Byker in the Countye of Northumberland att or neere the syde of a Certeyn brooke or river ther Called Usebourne for the moste p[ar]te of the space of a whole yeare before the begynnynge of the monethe of februarye in the xlijth yeare of her Ma[jesties] Raigne, And whether had the sayd Dents also an engin for the drawinge of water out of the sayde Cole pytt for the moste p[ar]te of a yeare, before the begynninge of februarye afore sayde, And whether did not the sayd Dents or some of them or ther over man for them cause the sayd engine for the drawinge of water, And the most p[ar]te of the sayd worke folkes to be taken from the sayd Cole pitt neer Usebourne to another Cole pitt neer to the water of Tyne, about a quarter of a myle lower before or aboute the myddest of the sayd moneth of februarye, And whether did the sayd Dents and the sayd James Osbourne there over man or any of them give out speaches uppon the removinge of the sayd engyne and workemen that they would gett noe more Coles in the sayde Cole pitt neer unto Usebourne/ butt in the sayd Cole pytt neare the water of TYne/

4 Itm whether did the sayd Thomas Smythe and Franncis Heron the defendts or eyther of them or any other p[er]sonn or p[er]sonns worke in the sayd Cole pytt neer the syde of the Usebourne after the most p[ar]te of the sayde worke men and the sayd engine werr removed unto the saye lower pytt And how long did they worke the pillers w[hi]ch bare upp the quarrye of stone under or neare the syde of the sayde Usebourne durynge that tyme or any p[ar]te thereof and who appoynted them soe to worke, And whether did the sayde Dents and the sayd Osbourne or anye of them appoynte them to worke in such manner as they then did, And if the sayd Osbourne appoynted them soe to doe, then whether was the same done by the direction of Anye of the Dents the defendts and by how manye and w[hi]ch of them

5 Itm whether did the quarrye under the river of Usebourne or on that syde thereof that the sayde Dents cole myne is breake Cracke and fall downe about the latter end of februarye in the xlijth yeare of her Ma[jesties] Raigne And whether did the river of Usebourne or a great p[ar]t thereof run into the sayd Dents ould Coleworkes and fill or run into most of the wasted places of the Dents Cole workes and therebye att the last drowne upp the Compleynantes cole workes nere adioyninge and whether were the sayd complaynants Coleworkes in that place drowned upp before the sayd river did so run and fall downe through the trenches and tractes aforesayde and was not the sayd Dents ould pitts thus drowned and by that water shortly after the Complaynants drowned also

6 Item whether did you James Osbourne a litle befores the Complts cole workes att Jesmond were drowned upp as aforesayde aske and inquyre of any the Complts servants workemen or any others whether the sayd Complts Cooleworkes were drowned upp or noe And whether did you say to any p[er]son or p[er]sons whatsoever that the sayd Complt w[i]thin twentye dayes wold give twentye pound to be rydd of the water there And whether did you say that the Complts sayd Cole pytt would not Cast five tenns of Coles before itt were drowned upp or words to any such like effect and what were the same words and to whom did you speake the same

7 Itm whether were you James Osbourne in the Complts Cole pitt att Jesmonde a litle before the sayd Colepytt was drowned as aforesayd And whether had you then any leave soe to doe and for what purpose did you then Come thither And whether were you forbidden the Complts ground by him or any of his servants yea or noe

8 Itm whether did the sayd Complt uppon the drowning the sayd pytt att Jesmond aforesayde Cause another new shafte or pitt to be sunke in an other p[ar]te of his sayd grounds att Jesmond aforesayde And whether did he Cause a howse or the frame and walls of a house to be buylded and sett upp over the sayd new Cole pitt and whether were the walls of the sayd howse broken downe upon or about the eight day of November 1600 in the night tyme And whether were the ropes of the Cole pitte Cutt in peaces And whether was the rowle of the sayd Cole pitt Cast into the bottome of the sayd Cole pitt And whether were the sheathes frame and tymber worke of the sayd Cole pytt broken or Cutt and Cast downe about that tyme as you knowe or have Credible hard

9 Itm whether do you know of your owne knowledge or by the Confession of any of the defendts in the bill named or by the Credible report of anye others who did or procured all or any the matters in the eght Interrs mencioned if you then who did or p[ro]cured the same and everye or anye p[ar]te thereof And how and in what manner were they and everye of them armed and arayed And whether were you att the doinge thereof, if yea what are all there names that were then in your Companye or if you procured the same then what are there names that were soe procured as aforesayd declare what you knowe or have hard concerning the matters in the sayd Interrs mencioned And how you knowe or of whom you have hard the same

10 Itm whether did Robte Dent George Dent and John Dent the defendts in the xljth yeare of her Ma[jesties] Raigne draw there or any of there weapons uppon the sand hill in Newcastle uponn tyne And there w[i]thall assalt and stricke att Richard Pitts her Ma[jesties] Customer of Newcastle aforesayd being then in peaceable manner walkinge in his gowne And how were the sayd Dents and everye of them then weaponed And what hurte or wounds did they and everye or anye of them give unto the sayd Pitts att that tyme And whether did Robte Dent animate Command or incourrage them or any of them that so assalted or wounded the said Pitts to doe the same yea or noe And whether were the sayd Dents seasured and fyned att Yorke for ther mysdemeanor yea or noe

[11] Itm whether were the Aldermen of Newcastle aforesayd or any of them p[re]sent when the sayd Dents or any of them offred the sayd violence to the sayd Pitts, And whether did they or any and w[hi]ch of them then require the sayd Dents or any of them to putt upp ther swords and keepe hir Ma[jesties] peace And whether did the sayd Dents that hotw[i]thstandinge Continew ther outrage agaynst the sayd Pitts And whether did they or any of them then offer any violence to the sayd magistrates and to how manye and w[hi]ch of them

12 Itm where were you all that night that the playntifes pitt was broken or Cutt downe in Jesmonnd and were you not forth of your beds and the houses where you should have layd the most p[ar]te of that nyghte beinge the eighte of November last past

13 Itm what rewards or benefits were you promised by the sayd Dents or Osborne and w[hi]ch of them for any of the foresayd practises And where you not promised by Robte Dent that he would be your warrante and discharge you of all suyte and question that the plt should have againste you for all or any of the foresayd misdeameanors in all the former interrogatories specified and hath he not done soe accordingly and was not these your answers drawen by Robte Dents direction and his Charges if not whoe drewe your answere or answeres and were they drawen att your direction and Charge declare the truth herein


Deposition of George Dente:

George Dente of the towne of Newcastle upon tyne in the County of the same towne gentleman of the age of thirtie and fyve yeres sworne and examyned the daie and yere abovesaide

To the seconde Interrogatorie he saeth That this Depon[en]t thinketh that he is not to make answere to that Interrogatorie because yt is not menconed in the bill, savinge he saieth that he never used any such speaches to the best of his knowledge tendinge to that effecte that is that he hoped to see the plaintif Robert Brandlinge not worth a groate

To the thirde Interrogatorie this Depont saieth That he knoweth that the Defendts had worckmen workinge at the Colepittes in Bykar in the County of Northumberlande but how many this Depont cannot depose, And saieth that the defendants had a p[ar]te of the engine menconed in the Interr as this exam[inate] thinketh but how longe the saide engine Contynnewed this exam[inate] cannot depose And further to that Interr this Depont cannot depose

To the fifte Interr this examyn[ate] cannot depose but as he by generall reporte hath hard sey that the pittes in the Interr menconed sholde be drowned

To the eight Interr this Depont Cannot depose but as he hath harde by generall reporte

To the nynth Interrogatorie this exam[inate] cannot depose

To the tenth Interrogatorie this depont cannot depose noe otherwise then he hath alreadie answered in his answere to the bill of Complt of the said Robert Brandlinge plt

To the Eleaventh Interr this examynayte saieth That he was at the begyninge of the affray menconed in the Interr and that this Depont hard say there was an alderman there unto afore the affray was ended but what he saide this exam[inate] cannot depose because this Depont was sore wounded and fell downe, and ley for a longe tyme after and never spoke worck And further to that Interr this exam[inate] Cannot depose

To the twelveth Interr this exam[inate] saieth That he lay to the best of his remembrance all that nighte in the house of George Dente thelder this Deponts father in Newcastle aforesaide that the Complt Robert Brandlings pitt was broken or Cut downe in Jesmonde in the saide County of Northumb[er]lande, And this exam[inate] further saieth to the best of his remembrannce that he was not forth out of his bedd and his saide fathers house where he did lye all that night beinge the eight daie of November nowe laste paste

To the thirtenth Interrogatorie this exam[inate] cannot depose


Deposition of James Osburne:

James Osburne of the saide towne of Newcastle upon tyne yeoman of the age of thirty and fyve yeres or thereaboutes sworne and examyned the daie and yere abovesaide

To the firste Interrogatorie this Depont cannot depose

To the seconde Interr this exam[inate] cannot depose

To the fourth Interrogatorie this Depont saieth That the saide Thomas Smith and Frannces Hearon two of the defendts did worck by the appoyntment of this Depont in the Cole pitt in the Interr menconed nere the side of the burne called Use burne after the moste p[ar]te of the saide worckmen and the saide engine was ....ed unto the saide Lower pitt but how long they did worck this exam[inate] cannot depose And further saieth that they did worck the pillers which beare upp the quarrie of stones as Comonlie they used to worck at other Cole pittes

To the fifte Interrogatorie this exam[inate] saieth That he doth knowe that the quarrie under the Use burne did breake Crack and fell downe aboute the tyme in the Interr menconed and as he thinketh the saide ryver did run into the Coleworckes of the saide Defendts, And this exam[inate] further saieth that he doth not knowe that the Complts pitt was drowned before the said ryver did so run or not, and that he harde by the worckemen of the plt that his pitt was drowned shortlie after but how the same was so drowned this Depont cannot depose

To the sixte Interr this Depont cannot depose

To the seaventh Interrogatorie this exam[inate] saieth That about three monthes before the pitt of the plt was drowned as aforesaide this Depont was twoe tymes in the said Complts pitt by the licens of some of his worckmen whose names he knoweth not, once for to goe to his owne pitt under the saide Use burne one the other side of the same burne, by reason there was noe bridge there not w[i]th in a quarter of a mile or thereaboutes distance, and another tyme upon occasion that the water of the saide Complts pitt, did burste upp his owne dam and this Depont came into the saide defendts pitt to see if it mighte be mended, And further saieth that he was never forbidden by the saide Complt or any of his servantes to come into the same Complts grounde

To the eight Interrogatorie this Depont saieth That he knoweth that the said Complt, upon the drowninge of the saide pitt at Jesmonnde aforesaide, did cause another new shafte or pitt to be sonnck in another p[ar]t of his saide groundes at Jesmonnde aforesaide, And further to that Interr this exam[inate] cannot depose other then by reporte

To the nynth and tenth Interr this exam[inate] cannot depose

To the thirtenth Interr this Depont cannot depose savinge he saieth that the answere of this Depont was drawne by John Browne councellor, at the Charges of this Depont and that this exam[inate] had not any penny Charges by the saide Robt Dent one of the defts promised or given, nor direction from him, nor receyved any benifitt at all of the saide Robt Dente, Concerninge any such practizes menconed in the Interr or this suite


Deposition of Andrew Thompson:

Andrew Thompson of St Lawrence in the p[ar]ishe of All Saints w[i]thin the lib[er]ties of the towne of Newcastle upon tyne yeoman of the age of threescore yeres or thereaboutes sworne and examyned the daie and yere abovesaide

To the first and seconde Interrogatories this Depont cannot depose

To the thirde Interrogatorie this exam[inate] saieth That he knoweth that the defendts had p[ar]t of Certeyne Colepittes in the said burne, called the Use burne, and also had p[ar]te of an engine there menconed in the Interrogatories, and saieth that the saide engine was removed from a Cole pitt called the hie pitt in Use burne aforesaide to a lower pitt nere the bridge end there, but by whose meanes this exam[inate] cannot depose, And further to that Interr this Depont cannot depose

To the fourth Interr this exam[inate] cannot depose

To the fifte Interr this Depont cannot depose of his owne knowledge but by reporte

To the sixt and seaventh Interr this exam[inate] cannot depose

To the Eight and nynth Interr this exam[inate] saieth That he thinketh he is not to make answere because he hath alredie answered to the said bill of Complt of Robt Brandlinge

To the tenth and eleaventh Interr this Depont cannot depose of his owne knowlage other then by reporte

To the twelveth Interr this exam[inate] saieth That he did lye in his bedd at St Lawrence aforesaide All that night that the Complts pitt was broken or Cut downe in Jesmonde aforesaide, And that he was not forth out of his saide bedd in his owne house at St Lawrence aforesaide beinge the eight daie of November last paste all the same nighte

To the thirtenth Interr this exam[inate] saieth That the saide Dente or Osburne never promised this exam[inate] any rewardes or benifittes for any the practizes menconed in the Interr, And further this exam[inate] saieth That he was never promised by Robt Dente that he wolde be his warrante & discharge him of all the suite or question that the Complt sholde have againste this depont for all or any the misdemeanors in the Interrogatorie menconed, And further saieth That his answere was drawne by John Browne Councellor which this Depont requested the said Robert Dent to doe and to get yt drawne w[i]th the rescydue of the defendts and that this Depont wolde paie the Charges of the same


Deposition of Franncis Hearon:

Franncis Hearon of the saide towne of Newcastle upon tyne yeoman of the age of twenty and foure yeres or thereaboutes sworne and examyned the daie and yere abovesaide

To the seconde Interrogatorie this exam[inate] saieth he knoweth that the quarrie under the Ryver of Use burne did Crack breack and fall downe aboute the tyme in the Interrogatorie manconed, this he knoweth to be true because he was then a worckman there, And saieth that the pitt of the defendts was laide in or drowned by reason of the saide fall and that the Complts pitt was not drowned in three quarters of a yere after the water or ryver did so run as in the Interr is menconed, and the said pitt of the saide Complt was not drowned by reason of the said defendts pitt soe drowned as aforesaide

To the thirtenth Interrogatorie this Depont saieth That he knoweth not by whose meanes his answere was drawne, or whoe drew the same, And further to that Interr this exam[inate] cannot depose


Deposition of John Dente:

John Dente of the said towne of Newcastle upon tyne gentleman of the age of three and twenty yeres or thereaboutes sworne and examyned the daie and yere abovesaide

To the seconde Interrogatorie this exam[inate] saieth That he thinketh he is not to make answere unto the same because yt is not expressed in the bill

To the nynth Interrogatorie this Depont saieth That about the tyme in the Interr menconed he hath harde that the Ropes & rowle in the eight Interr menconed were Cut and Cast downe into the pitt of the said Complt but by whome or by whose meanes or procurem[en]t he knoweth not nor never harde, And further to that Interr he cannot depose

To the tenth Interrogatorie this Depont saieth That he thinketh he hath alredie sufficientlie answered in his answere to the bill of Complt of the saide Robte Brandlinge plaintif where he referreth himself

To the Eleaventh Interrogatorie this exam[inate] saieth That he doth remember there was an aldermann there p[rese]nte about the tyme in the Interr menconed after that Richard Pittes was hurte And further to that Interrogatorie this Depont cannot depose

To the twelveth Interrogatorie this exam[inate] saieth That he to the best of his Remembrannce was in bedd at his fathers house in Newcastle all that supposed nighte that the Ropes & roll of the Complt was Cut and throwne in to the pitt of the same Complts


Deposition of Thomas Smith:

Thomas Smith of the saide towne of Newcastle upon tyne yeoman of the age of forty yeres or thereaboutes sworne and examyned the daie and yere abovesaide

To the fourth Interr this exam[inate] saieth That he this exam[inate] and one Franncis Hearon together w[i]th dyvers other p[er]sons did worck in the pitt in the Interr menconed noe longer then moste of the saide workmen and the saide engine were removed into the lower pitt And further saieth That they did worck the pillers of the saide pitt as this Depont did accostumablie worck in other pittes And that worck which this Depont did, was by the appoyntm[en]t of James Osburne and by noe others direction

To the fifte Interrogatorie this exam[inate] saieth That he doth not knowe that there was any Crackes in the pitt of the defendts and saieth that he did see water in the said pitt, but from whence yt Came this exam[inate] Cannot depose, And that he doth not knowe that the pitt of the Complt was drowned, And further to that Interr this exam[inate] cannot depose

To the thirtenth Interr this depont saieth That he knoweth by whose meanes his answere was drawne or whoe drew the same, And further he cannot depose


Deposition of John Muffet:

John Muffet of the saide towne of Newcastle upon tyne yeoman of the age of thirty yeres or thereaboutes sworne and examyned the daie and yere abovesaide

To the tenth Interr this Depont cannot depose (other then by reporte)

To the twelveth Interr this exam[inate] saieth that he was to the best of this exam[inate] remembrance, all that nighte, that the plts pitt was broken or Cut downe in Jesmonnde aforesaide not forth of his bed in Bikar in the County of Northumb[er]lande beinge the eight daie of November last paste

To the thirtenth Interr this Depont saieth That he did praie the defendt Robt Dent ( beinge this exam[inate's] m[aster]) to gett his answere drawne and saieth that the said answere was drawne by one John Browne Councellor and that the Charges of the same this Depont muste paie And further to that Interr this exam[inate] cannot depose


(see also STAC 5/B72/12 for further Interrogatories, and the examination of Robert Dent)