STAC 5/B50/10

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Court of Star Chamber:

Cuthbert Bates v Robert Delavale, John Hill, Edwarde Delavale, Anthony Readhead, John Delavale, George Englishe, Francis Reasby, George Heron, John Thompson, Lancelot Brome, Gawine Swanne, Lancelot Browne, James Browne, James Hotchson, John Warde, Parcivall Ladeley, and Willm Warde - 38 Eliz

Transcript: Dave King


Contents

Bill of complaint:

Dated on reverse: Iovis Quinto February Anno xxxviij Elizabeth Regine Willm Mill


To the Queenes most excellent Ma[jes]tie

Most humbly compleyninge sheweth unto your most excellent Ma[jes]tie your highnes true faythfull and obedient Sub[jec]t Cuthbert Bates gen[tleman] That wheras your said Sub[jec]t is and for dyvers yeres last past hath bene lawfully seised in his demes[ne] as of Fee tayle to him and theires males of [his] body lawfully begotten of and in fifty acres of lande, medowe and pasture, lying and being in one great close or feilde in Halliwell in the county of Northumberland And he being therof so se[ised] one Robte Delavale of Seaton Delavale in the said county of Northumberlande esquire hath ..sed dyvers hard and extreame courses against your said Sub[jec]t to wearie your said Sub[jec]t out of possession of his said lands and to drawe your said Sub[ject] into dislike of the said his lands And the said Robt Delavale the eightenth day of June last did [?cause?] dyvers of his servants and tenants to put dyvers of his oxen, kyne, steares and heafers to the nomber of forty into your said Sub[jec]ts ground to spoyle the grasse then growing therupon w[hi]ch was done to the damage of your said Sub[jec]t of fyve pounds of lawfull english money For w[hi]ch trespas and damage your said Sub[jec]t by himselfe and his servants the said xviijth day of June afores[aid] did destreine the said Cattell in and upon the said groundes of your said Sub[jec]t doing the said damage And where they had spoyled your said Sub[jec]ts grasse and did impound twenty of the said Cattell or thereabouts in the comon and open pound w[i]thin Halliwell aforesa[id] And for that your said Sub[jec]t and his servants could not impound the residue of the said Cattell w[i]thin the same pound therfore your said Sub[jec]t by himselfe and his servants did impounde the residue of the said cattell in an open place and pounde of your said sub[jec]t in Halliwell aforesaid And your said Sub[jec]t did cause present notice therof to be given to the said Robte Delavale esquier to thintent that he might make then present satisfaction to your said Sub[jec]t for his said damages susteined in the p[re]misses or that he might lawfully [?reple..y?] the same cattell and so your said Sub[jec]t therby might come to tryall and recovery of his said damages But so it is most gratious sovereigne That the said Robte Delavale esquire being a iustice of the peace sworne to p[re]serve and maintaine your ma[jes]ties peace having knowledge that his said cattell were so lawfully impounded by your said Sub[jec]t as aforesaid did send one John Hill and dyvers others of his servants to your said Sub[jec]t then being about the said poundes keping the said cattell to threaten your said Sub[jec]t that he should repent [?it?] unles your said Sub[jec]t would then p[re]sently let forth the said cattell out of the said pounds and to require your said Sub[jec]t to deliver and lett lowse the said cattell and forceably to assalt your said Sub[jec]t if he should refuse to deliver the same cattell w[hi]ch the said John Hill and other the servants of the said Robt Delavale by thappointment of the said Robte did accordingly And your said Sub[jec]t in very milde manner did make answere and did signify unto the said John Hill and to other the servants of the said Robt Delavale that your said Sub[jec]t had then and at dyvers other tymes susteined great damage by thoppress..... the said Robt Delavale and by meanes of his said cattell w[hi]ch at dyvers tymes had eaten and distroyed the p[ro]fitts of your said Sub[jec]ts grounds and your said Sub[jec]t in very curteous manner did require and intreat the said John Hi[ll] and other the servants of the said Robt Delavale to be a meane to move and p[er]swade the said Robte Delavale to make reasonable satisfaction to your said Sub[jec]t for his said damages And your said Sub[jec]t did then offer to make deliv[er]ance of the said cattell if they or any other for the said Robt Delavale would reasonablee satisfie your said Sub[jec]t for the same damages, Nev[er]theles the said John Hill and dyvers other the servants of the said Robt Delavale whose names your said Sub[jec]t doth not knowe did then and there grevously assalt your said Sub[jec]t and did threaten that they would have the said cattell furth of the said Poundes w[i]thout any satisfaccon to your said Sub[jec]t and in dispight of your said Sub[jec]t and so for that tyme dep[ar]ted from your said Sub[jec]t in great rage and went to the said Robt Delavale And your said Sub[jec]t did then cause the doores of the said Pounds to be locked and bolted and your said Sub[jec]t w[i]th .... did in very quiet and peaceable manner abide about the said pounds to kepe the said cattell therin and to se that no p[er]son or p[er]sons should forceably and unlawfully take awaye the same cattell And afterwardes in the said xviijth day of June aforesaid the said Robt Delavale having notice that your said Sub[jec]t had not deliv[er]ed and lowsed the said cattell did the same xviijth day of June aforesaid ryotously assemble together the said John Hill and Edward Delavale ... of Seaton Delavale aforesaid gen[t] Anthony Readhead of Seaton Delavale aforesaid yeoman John Delavale of Seaton Delavale aforesaid gen[t] and one George English Francis Reasby George Heron John Tompson Lancelot Brome Gawine Swanne Lancelot Browne James Browne James Hotchson John Warde P[er]civall L..eley and Willm Warde of Seaton Delavale or therabouts servants or tenants of the said Robte Delavale All w[hi]ch p[er]sons the same day ... Seaton Delavale and Halliwell aforesaid and assemble themselves together by meanes and p[ro]curement of the said Robt Delavale to commit Riots upon your said Sub[jec]t and to make forceable and unlawfull entries into your said Sub[jec]t[s] said grounds and into the said open poundes where the said cattell then were And the said John Hill Edward Delavale Anthony Readhead John Delavale George English Francis Reasby George Heron John Tompson Lancelot Brome Gawine Swanne Lancelot Browne James Browne James Hotchson John Warde Parcivell Ladeley and Willm Warde by thabetment instigacon and p[ro]curement of the said Robte Delavale esquire not having the feare of god before their eyes nor any regarde of your ma[jes]ties lawes statutes and ordeynances being ryotously assembled ..eyed and armed in most warlike manner that is to say w[i]th gunes and daggs ready charged w[i]th powder and bullets and w[i]th bill.. lannce staves long pyked staves swordes daggers and dyvers other invasive offensive and defensive weapons did the said xviijth day of June aforesaid w[i]th force and armes assault beate and wounde your said Sub[jec]t at Halliwell aforesaid An.. did then and there ryotously w[i]th force and armes enter into your said Sub[jec]ts grounds and did breake the lockes bolts and doores of the said Poundes where all the said cattell then were and did take them furth and drive them away to the said Robte Delavale his house and grounds And wheras your said Sub[jec]t as and for dyvers yeres last past .... lawfully seised in his demesne as of Fee tale to him and theirs males of his body lawfully begotten of and in one hundreth acres ... therabouts of other lands in Halliwell aforesaid and so being therof so seised the said Robts Delavale esquire hath likewise used dyvers hard and extreme courses against your said Sub[jec]t to weary your sayd Sub[jec]t out of possession of his land ......... And the said Robt Delavale the xxvth day of October last past did cawse dyvers of his servants and tenants to put dyvers of his oxen kyne steares and heafers to the nomber of tenn or therabouts into your said Sub[jec]ts grounds to spoyle the corne and grass then growing therupon w[hi]ch was done to the damage of your said Sub[jec]t of .... pounds of lawfull english money And the said last recited cattell remained in and upon your said Sub[jec]ts grounds the ................ day of October aforesaid and all the night the next followinge and untill or about nine of the clocke of the xxvjth day of October aforesaid For w[hi]ch trespas and damage your said Sub[jec]t by himselfe and his servants the said xxvjth day of October aforesaid did distreine the said last recited cattell in and upon the said grounds of your said Sub[jec]t doing the said damage and where they had spoyled your said Sub[jec]ts corne and grasse and did impound the same last recited cattell in the said common and open pounde w[i]thin Halliwell aforesaid and your said sub[jec]t did cawse p[re]sent notice therof to be given to the said Robte Delavale esquire to thintent that he might make then p[re]sent satisfacon to your said sub[jec]t for his said damages susteined in the p[re]misses or that he might lawfully replevy the same cattell And so your said Sub[jec]t therby might come to tryall and recoverye of his said damages Nev[er]theles so it is most gratious sov[er]eigne That the said Robte Delavale esquire not satisfied w[i]th his said former wrongs iniuries and oppressions done to your said Sub[jec]t and w[i]th the said Ryotts by him and his p[ro]curement formerly committed did the xxvjth day of October aforesaid send the said John Hill and other the ryotous p[er]sons afore named to your said sub[jec]t and his servants then being about the said commen pounde keping the said cattell to threaten your said Sub[jec]t that if he should refuse to deliver the said cattell ..... the said John Hill and other the ryotous p[er]sons aforenamed (by thabetment and p[ro]curement of the said Robt Delavale esquire) did accordingly And your said sub[jec]t in very milde manner did make answere and did signify unto the said John Hill and the said other ryotous p[er]sons that your said Sub[jec]t had then and at dyvers other tymes susteined great damage by thoppression of the said Robt Delavale and by meanes of his said cattell w[hi]ch at dyvers tymes had eaten and distroyed the p[ro]fitts of your said sub[jec]ts grounds and your said sub[jec]t in very curteous manner did require and entreat the said John Hill and the said other p[er]sons to be a meane to move and p[er]swade the said Robt Delavale to make reasonable satisfaction to your said Sub[jec]t for his said damages and your said Sub[jec]t did then offer to make deliv[er]ance of the said cattell if they or any other for the said Robte Delavale would reasonablie satisfie your said Sub[jec]t for the same danages nev[er]theles the said John Hill and the said other ryotous p[er]sons aforenamed did then and there grevously assalt your said sub[jec]t and did threaten that they would have the same cattell furth of the said commen pounde w[i]thout any satisfaccon to your said sub[jec]t and in dispight of your said sub[jec]t and so for that tyme dep[ar]ted from your said sub[jec]t in great .... and wento the said Robte Delavale esquire And your said Sub[jec]t did then cause the doores of the said commen pounde to be locked and bolted and your said Sub[jec]t w[i]th others did in very quiet and reasonable manner abyde at or aboute the said pound to kepe the said cattell therin and to se that no p[er]son or p[er]sons shoulde forceablie and unlawfully take away the same cattell And afterwardes in the said xxvjth daye of October aforesaid the said Robte Delavale having notice that your said sub[jec]t had not deliv[er]ed and lowsed the said cattell did the said xxvjth day of October aforesaid ryotously assemble together the said John Hill Edwarde Delavale Anthony Readhead John Delavale George English Francis Reasbye George Heron, John Thompson Lancelot Brome Gawine Swanne Lancelot Browne James Browne James Hotchson John Warde P[ar]civall Ladeley and Willm Warde And the same Ryotous p[er]sons the same xxvjth day of October aforesaid at Seaton Delavale and Halliwell aforesaid did assemble themselves together by meanes and p[ro]curement of the said Robt Delavale esquire to commit Ryotts upon your said Sub[jec]t and to make forceable and unlawfull breaches and entries into the said Pounde where the said cattell then were And the said John HIll Edward Delavale Anthony Readhead John Delavale George Englishe Francis Reasby George Heron John Thompson Lancelot Brome Gawine Swanne Lancelot Browne James Browne James Hotchson John Ward Parcivall Ladeley and Willm Warde by thabetment instigacon and p[ro]curement of the said Robt Delavale esquire not having the feare of God before their eyes nor any regarde of your ma[jes]ties lawes statutes and ordeynnces being ryotously assembled areyed and armed as aforesaid did the said xxvjth day of October aforesaid w[i]th force and armes assault beat and wounde your said Sub[jec]t at Halliwell aforesaid And did then and there ryotously w[i]th force and armes break the locke and doore of the said common Pounde where all the said last recyted cattell then were and did take them furth and drive them away to the said Robt Delavale his howse and grounds. All w[hi]ch unlawfull assemblie ryotts forces spoyles and other the misdemeanors before monconed ar contrary to dyv[er]s your ma[jes]ties good and laudable Statutes, lawes and ordeynances in such case made and p[ro]vided and in great contempte of your highnes crown and dignity In tender consideracon wherof and to thintent the said ryotors disordered p[er]sons and malefactors before menconed naie receive condigne punishment accordinge to the lawes statutes and ordeynances of this your ma[jes]ties realme and according to the measure of their demerits to the terror & example of all other like evell disposed p[er]sons may it therefore please your most excellent ma[jes]tie to grant unto your said Sub[jec]t your ma[jes]ties most gracious writt of subpena to be directed to the said John Hill Edwarde Delavale Anthony Readhead John Delavale George Englishe Francis Reasby George Heron, John Thompson Lancelot Brome Gawine Swanne Lancelot Browne James Browne James Hotchson John Warde Parcivall Ladeley and Willm Warde Commanndinge them and every of them therby at a certeine day and under a certeine payne therin to be limitted p[er]sonally to appeare before your most honorable privy counsell in your highnes high Court of Starre chamber then and there to answere to the p[re]misses and to be ex[am]ined upon Interrogatories And further to abide and to stand to suche order and direccons therin as to your highnes said Court shall seme best to accorde w[i]th iustice And your said Sub[jec]t accordinge to his bounden duety shall dayly pray for your ma[jes]ties longe and happy reigne

Tho: Cooke:/

Answers:

The ioynt and sev[er]all answeres of Robt Delavale esquier Edwarde Delavale ...................................................................................................... James Hodshon John Thomson, Lancelot Browne Gawen S.... George Englishe & John Wa... ..............................................................................

The sayd defendants savinge to them selves and everye of them all benefits and advantage of exception unto the ..certeyntye and insuffeciencye of ....................................................................................................... of them for him self saythe that the sayd Bill ys devised and exhibited by the sayd Complt against thes defendts of p[ur]pose not onelye for molestacon and ..................... excesseve chrages but also w[i]th .................. bringe them p[er]sonallye to have app[er]ed in this hon[or]able courte so farre distant frome the place where they dwell as in there absence they should or might bee spoyled in there houses and goods by [?the scotishe?] and Inglishe theives and bordering Riders and outlawes who daylie or verye often make and comytt great Roberyes incursions and thefts w[i]thin the sayd countye of Northu[m]berland next Adioyninge unto the Fronters and borders of Scotland /even in that p[ar]te therof wher thes defendts dwell/ and not for anye maner Just cause therof he saithe at all /For thes defendts saye and ev[er]ye of them for his own p[ar]te saythe that the sayde Robt Delavale one of the sayd defendts ys and at the tyme of the sayd sev[er]all distresses in the Bill supposed was lawefullye seized in his de[mes]ne, as of Fee /of and upon one pasture grounde or Feild called Breerdon w[hi]ch ys sev[er]ed frome the same medowe Feilde in Hallywell wher the sayd First takinge ys in the sayd Bill supposed / by an earthen diche or Fence/ wherof a great parte tyme out of mynde haithe bene and ought to be repayred and maynteyned by the sayd Complt and his Ancestors and others whose estate he haithe in the sayd Medowe Feilde / w[i]thin w[hi]ch Feild the sayd Complt haithe some estate of inheritance as they take yt in some sev[er]all p[ar]cells therof togither w[i]th and amongst divers other sev[er]all parcells of the grounds of divers other p[er]sons who have some estate or interest in other p[ar]cells of the same Feild, all w[hi]ch the same p[er]sons do occupye and depasture in Comen w[i]th the sayd Complt as the sayd Complt dothe w[i]th them / And the sayd Robt Delavale so beinge seized was the.. also and yet ys lawefullye seized in his demayne as of Fee of and upon a p[ar]cell of gro[u]nde called Whitrigge in Seaton Delavale in the bill menconed And that the sayd Robt Delavale so beinge seized dyd at or before the xviijth daye of June in the yeare in the bill menconed put xxtie kyen into the sayd pasture grounde called Breerdon there to depasture wherof xvijth had [?everye?] one of them a Calf of lesse then a weeke olde and were the proper goods of the sayd Robt Delavale and the residewe were the goods of the sayd Willm Warde an other of the defendants beinge servant or hirde to the sayd Robt / And the sayd xxtie kyen ther beinge depasturinge weere the sayd xviijth daye of June in the bill menconed gone out of the sayd pasture but by whose or what means thes defendts do not knowe but by the report of the plt himself / who by him self or his servants the same daye had driven them to Hallywell aforesayd where he put xiiij of the sayd kyen into a scrait sev[er]all grounde of his owne / and the residewe into the Comen Pynfold there as a distresse as he sayd taken w[i]thin the sayd medowe Feild in Hallywell afore sayd damage [?fesant?] / where upon the sayd Willm Warde the same daye in the name of his sayd Mr and for him self in frindlye and reasonable maner offred the sayd Complt that yf yt might anye waye app[er]e at or by the sight of anye indifferent p[er]sons that the sayd kyen weere in the sayd medowe or Feild or anye of the grounde of the Complt and not bye and in the default of him the Complt him self / by lacke of sufficient repayringe and manteyninge his said p[ar]te of the sayd earthen fence / that then he the sayd Ward would not onelie give him p[ar]keage for the sayd Cattle, but would also paye him suche damages as the sayd Complt or anye other indifferent persons would thinke reasonable / or yf he would not so do, that he would deteyne the sayd three kyen w[hi]ch were the goods of him the sayd Warde for the wholle / and deliv[er] the rest that were his Mrs Cattle / or bycause they had younge Calves as ys aforesayd/ all w[hi]ch offers the sayd Complt utterlie and verye willfullie refused wher upon the sayd Willm Warde returninge to Seaton Delavale beinge about half a myle distant frome thence / and reportinge to the sayd John Delavale an other of the sayd defendts what answere he had of the Complt / as ys aforesayd / he the sayd John Delavale in the absence of the sayd Robt Delavale his Father being then at London, sent agayn the sayd Warde and the sayd John Hill an other of the defendants to the sayd Complt to requier in Frindlie maner deliv[er]ye of the sayd Cattle upon any reasonable offer / w[hi]ch the sayd Warde and Hill dyd accordinglie and offred to the Complt as was offred before / and beinge still denyed by the Complt to have the sayd kyen or anye of them deliv[er]ed / returned to Seaton Delavale afore sayd and ther made reporte thereof accordinglie to the sayd John Delavale / who therupon sent the sayd Edwarde Delavale and Anthonye Readhead two other of the sayd defendts to the sayd Complt to Hallywell aforesayde to make the lik Frindlie request and offer for the deliv[er]ye of the sayd kyen w[hi]ch Edwarde and Anthonye dyd so accordinglie/ but in a longe tyme could not prevail till at the last the sayd Edwarde and Anthonye leavinge iiijd for pownd lawe or parkeage / the sayd Complt was content they should have the sayd Cattle because of there yonge Calves, sayinge yonder cometh a Gentleman meaninge the sayd John Delavale (whome then he sawe afarr of) yf he had comed at the First he should have had them w[i]th goodwill for these defendts saye that [struck through - in a longe tyme they could not p[re]vaile] the sayd John Delavale after he had so sent the sayd Edwarde Delavale and Anthonye Readhead as ys aforesayd / dyd walke from Seaton Delavale towarde Hallywell aforesayd accompanyed onelie w[i]th the sayd John Hill to se what they ment in steyinge so longe / and p[er]ceivinge that the sayd Cattle were deliv[er]ed before he came there or neer the Complt / returned homewarde / and they saye before his sayd returne / the sayd John Thomson James Hodshon Gawen Swan George Inglishe and Parcivall Ladleye being servants and belonginge to the sayd Robt Delavale and p[er]ceivinge the sayd John Delavale there m[asters] son to be gone furthe alone so lait w[i]thout anye companye / that they dyd then knowe of / dyd go furthe to knowe whither he was gone / w[i]thout anye maner weapons except that they or someof them had siche ealkinge staves as they used in there ordinarye business / and goinge towards Hallywell they dydse the sayd John Delavale before he came at the sayd Complt returne homewards in verye quiet and peaceable maner, whiche ys all the assaltinge threatninge / riotouse assemblye / forcible or unlawfull entrye / pounde breache / beatinge / woundinge / or other misdemeanor by them or any of them in the sayd Bill supposed to be done the sayd xviijth daye of June in the bill menconed / And further thes defendts saye and everye of them for him self saythe that the sayd Robt Delavale so beinge seized of the sayd parcell of grounde called Whitrigge in Seaton Delavale before menconed as ys aforesayd / and possessed as of his owne p[ro]per goods of five yonge Cattle of two yeares old or there abouts goinge and depasturinge w[i]thin and upon the saide parcell of grounde called Whitrige the same yonge Ca[tt]le at or about the sayd xxvjth daye of October in the bill menconed were gone frome and out of the sayd parcell of grounde / whereupon the sayd George Hearon an other of the defendts the sayd James Hodshon and one John Warde in the bill named goinge to seeke the sayd five yonge Cattle founde them at Hallywell aforesayd impounded by the sayd Complt / whiche when the sayd Robt Delavale understoode / the sayd Francis Reysleye an other of the sayd defendants beinge Scoolem[aste]r to and in the house of the sayd Robert / dyd by and at the appoyntm[en]t and Comanndem[en]t of him the sayd Robt Delavale requier the sayd Lancelot Browne an other of the sayd defendts and the sayd John Thomson to go w[i]th him to ioyne w[i]th siche as the Complt would name for him to viewe what harme the sayd yonge Cattle had done to him the sayd Complt / and to sett down and offer hym suche amends as they thought was reasonable / and required also the sayd Anthonye Readhead to go w[i]th him thither to helpe to bringe awaye the same yonge Cattle yf they could have them deliv[er]ed / by the occasions and to the entents aforesayd / the sayd Francis Reysleye Anthonye Readhead Lancelot Brown John Thomson James Hodshon George Hearon and John Warde in the Bill named / the sayd xxvjth of October came to Hallywell aforesayd / and the sayd Francis Reysleye in a verye quiet and friendlie maner in his sayd m[aste]rs name offred parkage or pyndlawe for the said Cattle w[i]th siche reasonable order for his damages yf he had susteyned anye by the sayd Cattle and not throughe his own desaut as the sayd Thomson and Brown w[i]th suche other two as the complt would appoynt / should sett down / wherunto the sayd complt answered and sayd in verye Angrie and discontented maner that allthoughe he had had great harme by the sayd Cattle and other the Cattle of the sayd Robt Delavale / yet he dyd not take or kepe the said Cattle w[hi]ch then he had as or anye destresse for the said harme but for other causes wherof he would not then make the sayd Reysleye anye accompt / and so dep[ar]ted / wherupon the sayd Reysleye or some other the p[er]sons before named of his sayd companye hearinge the said complt confesse that he dyd not take or kepe the sayd Cattle as a distresse / and therfore p[er]swaded that he tooke them and w[i]th held them of his own wronge mere malice and displeasure against there said m[aste]r / dyd in quiet and peaceable maner sett open the gayte or dore of the place or pounde wher they were beinge w[i]thout anye locke or bolt at all / and suffred the sayd five yonge Cattle to go furthe and so the sayd Reysleye or som of the sayd persons of his companye by his appoyntm[en]t dyd in quiet maner drive the said Cattle home to there pasture againe as lawfullye they might as they thought /(the complt his owne wordes and confession aforesayd considered) w[i]thout anye maner interruption or contradiction of the sayd Complt then meetinge them in the waye as they were goinge but that he sayd unto them, he ment not that they should have had them awaye so easilye / whiche ys all the sendinge / p[ro]curinge/ abetm[en]t / grevous assaltinge / threatninge / Riots / Riotous assemblye / forcible and unlawfull entries or breaches of pounde / Force and Armes assaltinge beatinge woundinge or other misdemeanor by the sayd defendts or anye of them in the said Bill supposed to be done the sayd xxvjth daye of October in the Bill menconed / w[i]thout that that the sayd complt ys lawfullye seized in his demayn as of fee taile of and in Fiftie akers of land medowe and pasture in the said great Close or Feild in Hallywell in the Bill menconed to the knowledge of these defendts / Or that the sayd Robt Delavale haithe ever used anye hard or extreame courses against the complt to wearye hym out of the possession or bringe hym into dislike of his sayd lands / or dyd the xviijth daye of June last cause div[er]s or anye of his servants or tenants to put Fortye or anye of his Oxen kyen or other cattle into the plts said grounds or to anye his damage in maner and forme as in the said Bill most untruelye and slanderouslye ys alledged and surmysed / or that the sayd Complt or anye for him dyd lawfullye take and distreigne anye the sayd Cattle the sayd xviijth daye of June to the knowledge of these defendants or dyd impounde xxtie of them in the Comen pounde at Hallywell aforesayd as in the sayd Bill ys supposed / Or that the sayd Robt Delavale dyd send the sayd John HIll or anye other to threaten the Complt or forciblie to assalt him / for in truthe the sayd Robt Delavale was at the same tyme at London / Or that the sayd John HIll or anye other the servants of the sayd Robt dyd threaten or assalt the sayd Complt accordinglie as in the sayd Bill ys untruelie alledged / or that the sayd complt dyd at anye tyme in anye mylde or curteous maner answere / requier or intreat the sayd John Hill or anye of the sayd defendts in maner and forme as in the sayd Bill ys supposed / or dyd offer to make deliv[er]ance of the sayd Cattle yf anye for the sayd Robt Delavale would make reasonable satisfacon for the sayd his supposed damages Or that the sayd John Hill or anye the servants of the sayd Robt Delavale dyd grevouslye assalt or threaten the complt in maner and forme as in the sayd Bill ys surmised or that the dores of the sayd pounds were ever locked and bolted to the knowledge of thes defendants / Or that the sayd Robt Delavale the sayd xviijth daye of June dyd riotouslye assemble the sayd John Hill or anye the sayd defendants or p[er]sons in the bill named / Or that the s..e p[er]sons dyd then assemble them selves to comytt anye riot forcible or unlawfull entrye / or by abbetm[en]t instigacon or p[ro]curem[en]t of the sayd Robt Delavale w[i]thout the feare of god or hir ma[jesties] lawes Riotouslye assembled arrayed and armed in most warlike maner w[i]th gonns daggs redye charged w[i]th powder and bullet or w[i]th bills Lancestaves Long pyked staves swords or anye other unlawfull invasive or offensive weapons dyd the sayd xviijth daye of June w[i]th force and armes assalt beat and wounde the sayd Complt / Or riotouslye w[i]th force and Armes enter into the sayd pounds at Hallywell aforesayd or dyd breake the locks bolts and dores of the sayd pounds in maner and forme as in the sayd bill most untruelye ys alledged / Or thence tooke furthe and drive awaye the sayd Cattle otherwise or in anye other maner then as before ys confessed / or that the defendants that then had occasion to be there as before ys confessed were otherwise weaponed then that they or some of them that then were there had suche walkinge staves or daggers as they use in there ordynarye busynes / an the sayd George Hearon one pistoll or dagge w[hi]ch he ys forced daylie to carye about him for his owne defence against the Scots or other his Inglishe enymyes or thieves w[i]th whome he ys feaded or at deadlye enmytie and not for anye other cause in the bill menconed / And w[i]thout that that the sayd complt haithe bene or ys lawfullye seized in his de[mesne] as of fee tail of a hundred akers of land or therabouts in Hallywell aforesayd to to the knowledge of thes defendts / Or that the sayd Robt Delavale ever used anye extreame courses against the complt / Or the xxvth daie of October last past caused anye of his servants and tenants to put anye of his kyen oxen or other cattle into the complt his grounds to the damage of the compt as in the Bill ys supposed / Or that the complt dyd lawfullye distreign or impounde anye of the sayd Cattle in maner and forme as in the sayd Bill supposed / to the lmowledge of thes defendts / Or that the sayd Robt Delavale the sayd xxvjth daye of October last dyd send the sayd John Hill or anye other p[er]sons before named to the complt and his servants to threaten or assalt the complt / Or that the sayd Hill or anye other the p[er]sons aforesayd, by the p[ro]curem[en]t of the sayd Robt Delavale dyd so accordinglye as in the sayd bill ys surmysed / Or that the complt in anye mylde or curteous maner dyd answere requiere and intreat anye the defendts or dyd make anye suche offer as in the sayd Bill ys supposed Or that the sayd John Hill or anye other the p[er]sons aforesayd / dyd grevouslye assalt or threaten the sayd complt / or that the sayd pounds were locked or bolted to the knowledge of thes defendants / Or that the sayd Robt Delavale the sayd xxvjth daye of October last dyd riotouslye assemble togither the sayd John Hill or anye the sayd defendts or p[er]sons before named / or that the same p[er]sons the same daye dyd assemble them selves by the p[ro]curem[en]t of the sayd Robt Delavale to comytt anye Riots upon the complt and to make forcible and unlawfull breaches and entryes into the sayd pounde / Or that the sayd John Hill or anye other the sayd defendts by the abbetm[en]t instigacon or p[ro]curem[en]t of the sayd Robt Delavale w[i]thout the feare of god or of hir ma[jesties] lawes riotouslye assembled arrayed and armed the sayd xxvjth daye of October w[i]th force and armes at Hallywell aforesayd dyd assalt beat and wounde the sayd complt / Or then and there riotouslye w[i]th force and armes dyd breake anye locke or dore of the sayd Comen Pounde in maner and forme as in the sayd Bill most untruelye ys surmysed / Or frome thence dyd take and drive anye of the sayd Cattle there impounded otherwise or in anye other maner then as before ys confessed / All whiche matters etc /

[?Geo?] Lightfoote


Interrogatories on behalf of Cuthbert Bates:

Interrogatories to be mynstred to the Witnesses produced on the behalf of Cuthbte ...es compleynant against Robte Delavale esqr, John Hill, Edward Delavale, Anthony Readhead, {John Delavale - scored through} George English Francis Reasby, {George Heron - scored through} John Thompson, Lancelot Br...e, Gawine Swanne, Lancelot Browne, {James Browne - scored through} James Hotchson, John Ward, Percivall Ladley and Willm Warde defendts

Inprimis whether doe yow knowe the said p[ar]ties plt and defendts.

2. Item whether doe yow knowe that the said Compleynante is seised of dyvers lands medowe and pasture in Halliwell in the County of Northumb[er]land And how long tyme hath the said Compleynante byn seased or possessed of the same lands medow or pasture and what number of Acres dothe the same conteyne

3. Item whether hathe any of the cattell of the said Robart Delavale esquire bin put into the said grounds of the said Compleynants And whether have the same cattell fedd lyne and depastured in and uppon the said Compleynantes grounds and eaten & spoyled the corn and grasse thereuppon growing w[i]thin two yeares last past And when and how often have they done the same w[i]thin the said tyme? And whether did the said Compleynante Compleyne of his losse and dammage thereby?

4. Item whether did the oxen, kine, steares and heafers or anie oth[er] cattell of the said Robte Delavale esquire enter into the said grounds of the said Compleynante and there eate and spoile the Corne and grasse thereuppon growing the xviijth day of June in the xxx..... yere of the quenes ma[jes]ties reigne that now is [?or?] at any oth[er] tymes therabouts And what and how many cattell of the said Robte Delavale did then enter into the said Compleynantes grounds And how long tyme did they then continue there, and what dammage did the said Compleynante susteine therby?

5. Item whether did the said Compleynante or his servants lawfully distreine the said cattell of the said Robte Delavale esqr in and uppon the said Compleynants grounds for the said trespas and dammage done to the said Compleynante and impound so many as he could conve...tlie of the same cattell in the common pound of Halliwell aforesaid and did impounde the residue of the same cattell in anoth[er] open place there And when and in what manner were the same so impounded?

6. Item whether had the said defendts notice that the same cattell were so lawfullie impounded and by whome and whose meanes And by whome and whose meanes had the said defendts the same notice and how long tyme after the same impoundinge had they the said defendts the same notice?

7. Item whether did the said Compleynante and his servants kepe the said cattell impounded as aforesaid? And whether did the said Compleynante and his servants or any of them offer to deliver the same cattell furth of the said pounds so that the said Robte Delavale esquire or any of the said defendts or any for him would satisfie to the said compleynante reasonablie for the said trespas and dammage done to him the said Compleynante by the said cattell?

8. Item whether did the said defendts or any of them say that they would not satisfie the said Compleynante for his said dammages and give furth speches and cawse others to give furth speches in anger and rage that they would have the same cattell in dispight or against the will of the said Compleynante and that the said Compleynante should repent the impoundinge and kepinge the said Cattell, And when, to whome, before whome and what speches and threatnings did they and every of the said defendts utter against the said Compleynante or his servants concerning the impounding and kepinge the said cattell, And whether was the same done by the p[ro]curem[en]t privity abettm[en]t or Countenance of the said Robte Delavale esqr

9. Item whether did the said defendts and others open the doores of the said poundes and places where the said cattell were impounded and kepte as aforesaid and take furth and drive awaie the said cattell, And whether did the said defendts violentlie breake open the doores & gates or the locks, bolts or anie p[ar]te of anie of the same pounds or places for the taking away the said cattell, And whether did they the said defendts or any other p[er]son or p[er]sons by their p[ro]curem[en]t take or p[ro]cure the said cattell so to be taken furth & sett at liberty And when, by whome, and in what manner were the same cattell so taken furth And whether did the said Robte Delavale consent, aide, countenance or p[ro]cure the same taking awaie of the said cattell and who were all the p[ro]curers and cawsers therof; And in what manner and tyme of the day or night was the same done?

10. Item how many and what other p[er]son and p[er]sons were assembled and did lye in any close, closes, orchard, feild, or other place (nere the said pounds and places, where the said cattell were impounded) in readines to have aided and assisted the said defendts or anie others in taking awaie the said cattell furth of the said pounds, And whether did the said Robte Delavale esqr and what p[er]son or p[er]sons did require, p[ro]cure, intreat, or Countenance the same p[er]sons to be assembled and to abide in readines? And what gunnes, Pistolls, Lannce staves and other armor and weapons had the said defendts and every of the said p[er]sons at the same tymes?

11. Item whether did the said defendts and the said other p[er]sons threaten and assalt the said Compleynante and his servants or any of them for impoundinge and keping the said cattell And whether did the said defendts and they intend to have wounded or beaten the said Compleynante and his servants if they should have further resisted in their said doings?

12. Item whether did the oxen kyne, steares, and heafers or any other cattell of the said Robte Delavale esqr enter into the corne feildre or other grounds of the said Compleynante, and there eate and spoyle the corne and grasse thereupon growing the xxvjth day of October in the [?xxvij?] yere of the Quenes Ma[jes]ties reigne that now is or at any other tymes thereabouts, And what and how many Cattell of the said Robte Delavale did then enter into the said Compleynants grounds And how long tyme did they then continue there? And what damage did the said Compleynante susteine therby? and whether doe the same grounds adioyne upon a Comon and never had any fence or hedge or noe

13. Item whether did the said Compleynante or his servants distreine the said Cattell in and upon the said Compleynants grounds for the said last trespas and dammage done to the said Compleynant and impound the same cattell in the common pound of Halliwell aforesaid And when by whome or in what manner were the same so impounded?

14. Item whether had the said defendts notice that the same cattell were so lawfully impounded and w[hi]ch of the said Compleynants had such notice and by whome and whose meanes had the said defendts the same notice, And how long tyme after the same impoundinge had the said defendts the same notice?

15. Item whether did the said Compleynante and his servants kepe the said cattell impounded as aforesaid; And whether did the said Compleynante and his servants or any of them offer to deliver the same Cattell furth of the said pound so that the said Robte Delavale or any for him would satisfie to the said Compleynante reasonablie for the said trespas and dammage done to him the said Compleynante by the said Cattell?

16. Item whether did the said defendts say that they would not satisfie the said Compleynante for his said dammages and give furth speches that they would have the same cattell in dispight or against the will of the said Compleynante and that the said Compleynante should repent the impoundinge and keping the said cattell, And w[hi]ch of the said defendts when to whome before whome and what speches and threatnings did they and everye of the defendts utter concerninge the impoundinge and keping the said cattell?

17. Item whether did the said defendts open the doore of the said pound or other place where the said last recyted cattell were impounded and kept as aforesaid and take furth and drive away the said cattell, And whether did the said defendts vyolentlie breake open the doore and gate or lock or bolt or any p[ar]te of the said pounde for the taking away the said Cattell And whether did the said defendts p[ro]cure the said Cattell to be taken furth and sett at liberty And when by whome and in what manner & by whose p[ro]curem[en]t were the same cattell taken furth and who were all the p[ro]curers & cawses therof?

18. Item how many and what other p[er]son & p[er]sons were assembled & did ly in readines in any close, closes, orchard feild or other place nere to the said Pounde, (where the said cattell were impounded) to have aided & assisted the said defendts or any others in taking away the said cattell furth of the said pounde? And what p[er]son & p[er]sons did require p[ro]cure or intreat the same p[er]sons so to be assembled and abyde in readynes? And what Gunnes, Pistolls Lancestaves and other armor & weapons had the said defendts at the same tyme? And who were the owners of the same armor and weapons?

19. Item whether did the said defendts and the said other p[er]sons threaten and assalt the said Compleynante for impounding & ke........ the said cattell And whether did the said defendts intend to have wounded or beaten the said Compleynante and his servants ..... if they should have further resisted the said defendts in their said doings.

20. Item whether is the said Robte Delavale esqr one of the Quenes Ma[jes]ties Justices of the peace w[i]thin the said County of Northumberland? And whethe did the saide Robert Delavale move perswade, aide or Countenance the saide ot..... defendants or anie other persons to breake the saide pounds or places where the saide cattell were impounded, and to taike .... .... the saide cattell there impounded the tymes aforesaide And to assalt, beat or wounde the saide compleynant.. or his servants for taikinge impoundinge or keping the saide cattell? Or for anie other matter


Depositions of witnesses on behalf of Cuthbert Bates:

The deposicons of all and everye the witness produced on the p[ar]te and behalfe of Cuthberte Bates Complt against Roberte Delavale esquier, John Hill, Edwarde Delavale, Anthonye Readheade, George Englishe, ....... Reasbye, John Thompson, Lancellot Browne, Gawyn Swan, James Hotchson, John Warde, Parcyvall Ladley and William Warde defendts taken by and before Thomas Hilton [?junr?] Henrye Anderson esquier and Martyn Ogle gent the Fiftens and sixtens daye of aprill in the xxxixth yere of her Ma[jesties] raigne Comissioners in that behalfe by vertue of her heignes Comission to them directed out of her ma[jesties] heighe Courte of the Starr Chamber

John Peirson of Hallywell in the saide Countye of Northumb[er]land yeoman of the age of Twentye and nyne yeres or thereabouts sworne and examined the daye and yere aforesaide sayeth and deposethe as followethe/

1. To the First Interrogatorye this deponent sayethe he knowethe the Complt and defendants/

2: To the seconde Interr he sayethe that he knowethe the Complt ys seized and possessed of dyvers lands meadowe and pasture in Hallywell aforesaide And hathe bin soe possessed thereof by and for the space of Seaven yeres or thereabouts nowe laste paste, beinge and conteyninge the nomb[er] of Three hundrethe acres or thereabouts/

3: To the thirde Interr this examinant sayethe That the Cattell of the saide Robte Delavale esquier about the tyme in the Interr menconed were in the saide grounds of the saide Complt; but whether the same Cattell were putt in or not he cannott depose, And this examinant further sayethe That the same Cattell of the saide Robt Delavale have bin often in the saide Complts grounds w[i]thin the tyme in the Interr menconed/ And have also eaten the grasse and spoyled the Corne thereupon growinge

4: To the fourthe Interr this examinant sayethe That about the tyme in the same Interr menconed the Cattell of the saide Robte Delavale were in the saide grounds of the Complt beinge Thirtye in nomb[er] and remayned and [?abod?] there the space of twoe howers or thereabouts and further to the same Interr Cannott depose/

5 To the fyvethe Interr he sayethe that the saide Complts and his servants did Lawfullye take and distreyne the saide Cattell of the saide Roberte Delavale esquier and caryed or drove them to the pound and ympounded Sixe of the same Cattell in the Comon pounde of Hallywell And the resydue he ympounded in a lose faulde of his owne at the same tyme menconed in the saide Interr by reason the said Cattell shoulde not hurte thone thother of them/

6. To the sixte Interr he sayethe the saide defendts had knowledge or notice that the same Cattell were soe Lawfullye ympounded w[i]thin twoe howers after the doinge thereof or thereabouts by one William Warde servant to the saide Robt Delavale esquier/

7 To the seaventhe Interr he sayethe That the said Complt did keepe the saide Cattell in the saide Pinfauld as aforesaide, And did also offer to deliver the same Cattell out of the same pinfauld to Edward Delavale and Anthony Readheade servants to the saide Robt Delavale esquier upon reasonable satisfaccon for the hurte done by the same Cattell/ or any of them or anye for them/

8 To the eight Interr he sayethe the defendts saide That they woulde not satisfie the Complt for the saide trespas and damage done but onlye geve the Par..is And this deponent further sayethe That the saide defendts saide in Anger and raige about the tyme in the Interr menconed That they woulde have the same Cattell whether the Complt woulde or not in dispight of the Complt and against his will, the same words beinge spoken before or in the presence of James Balye John Hall William Tailer Thomas Mautlyn Thomas Readheade and this deponent and further to the same Interr cannott depose/

9 To the nynthe Interr he sayethe the defendts did thrust open the dores of the saide pinfaulds and did take and dryve awaye the said Cattell soe beinge therein ympounded and sett the same Cattell at lib[er]tye, The same being done by John Delavale Edwarde Delavale John Hill and Anthony Readheade beinge of the defendts after Sunnsett about the tyme in the Interr menconed And further to the same Interr cannott depose

10 To the tenthe Interr he sayethe that there were of the defendts Mr Robt Delavale his men three or foure w[i]th longe staves Standinge or beinge in the backsids of the garthes of Hallywell nere the saide Pinfauldes, and further sayethe that the saide defendts whooe tooke the saide Cattell out of the saide Pinfauldes as aforesaide had dyvers weapons that is to saye John Delavale a Gonne, Edwarde Delavale a lance stafe John Hill a longe stafe w[i]th three groynes and Anthonye Readheade a lannce

11 To the Eleaventh Interr he sayethe the saide defendts did threaten the saide Complt And that the saide John Delavale lifte upp his saide Goone w[i]th his hands against the Complt sayeinge theis words Lett us nowe to yt yf ye will And this examinant sayethe he thinkethe in his conscyence That yf the saide Complt had rescisted them the saide defendts they woulde have wounded the saide Complt or his servants/

12 To the xijth Interr he sayethe That about the tyme in the same Interr menconed there were founde in the Corne of the saide Complt in the saide west Corne Feilde or grounds in the same Interr menconed fyve or sixe Cattell of the saide Robt Delavale defendt And sayethe that the saide grounde dothe ioyne upon a Comon and had never fence, But further to the same Interr Cannott depose/

13 To the xiijth Interr he sayethe that the Complt did Lawfullye distreyne and ympounde the saide Cattell laste menconed for the same trespas in the Comon pinfauld in Hallywell about the tyme in the xijth Interr menconed the same Cattell beinge ympounded by the saide Complt himselfe and further to the same Cannott depose

14 To the xiiijth Interr he sayethe that the saide defendt Robt Delavale had knowledge that the saide Cattell last menconed were soe ympounded by his owne servant Simpson w[i]thin sixe howers after their saide ympoundinge

15 To the fiftenthe Interr he sayethe that the Complt did keepe the saide Cattell in the same pinfaulde but further to the same Interr Cannott depose/

16 To the xvjth Interr he Cannott depose/

17 To the xvijth Interr he sayethe That he did see the defendts burst open the dore of the saide pinfaulde where the saide Cattell were soe last ympounded as aforesaid and did take fourthe dryve awaye and sett at lib[er]tye the same Cattell about the saide tyme menconed in the xijth Interr, The same beinge done by Francis Reaslye George Hearon Anthonye Readheade Lancelott Browne and John Thompson as he remembreth servants to the saide Robt Delavale esquier thone of the defendts and sayethe he thinkethe in his Conscyence that the same was or came by the p[ro]curem[en]t of the saide Robt Delavale esquier the def/

18 To the xvijth(sic) Interr he sayeth that the saide p[er]sons or defendts whoe tooke awaye the same Cattell last menconed as aforesaide were weaponed w[i]th longe staves as he thinketh lance staves and he thinketh also that the saide Robte Delavale esquier the defendt was owner of the same staves/

19 To the xixth Interr he Cannott depose/

20 To the twentye Interr he sayethe the saide defendt Robt Delavale ys one of her ma[jesties] Justices of peace in the saide Countye of Northumb[er]lande and verily thinkethe in his conscyence that the saide Robt Delavale esquier did procure and move the saide other defendts to take awaye the saide Cattell soe ympounded as aforesaide and also to threaten the saide Complt as aforesaide/

Thomas Readheade of Milborne in the saide Countye of Northumb[er]lande yeoman of the age of Twentye and foure yeres or thereabouts sworne and examined the daye and yere aforesaide sayethe and deposeth as followethe/

1 To the first Interr he sayeth he knowethe the p[ar]tyes Complt and defendants/

2 To the seconde Interr he sayeth the Complt ys seized and possessed of dyvers Lands meadowe and pasture in Hallywell aforesaide and hath bin soe possessed thereof by the space of three yeres or thereabouts nowe last past beinge and conteyninge about the nomb[er] of Foure hundreth acres or thereabouts

3 4 5 6 To the thirde fourthe fyvethe sixte and seaventhe Interr this deponent sayethe in all poynts as his p[re]contestes the saide John Peirson hath saide to the same Interrogatoryes/

8 To the eight Interr he sayethe that the defendts saide that they woulde not satisfie the Complt for the saide trespas and damage done to the said Complt by the saide Cattell but would only geve the P..kas and that the defendts saide they cam for the saide Cattell and they would have them before they went awaye, the saide Edwarde Delavale one of the defendts sayinge to this examinant That yf there were none but he and he together he would easely take and dryve away the same Cattell and further to the said Interr cannott depose/

9 10 11 To the nynthe tenthe and Eleveanth Interr this examinant sayeth in all poynts as his ...tes.. the saide ....................................

12 13 14 15 16 17 18 19 To the twelveth thirtenth fouretenthe fiftenth sixtenth seavententh ......... and xixth Interr this deponent saythe he cannott depose/

20 To the last Interr this deponent sayeth that the saide deft Robt Delavale ys taken and reputed to be one of her ma[jesties] Justices of peace in the saide Countye of Northumb[er]lande but further cannott depose/


Thomas Mautland of Halliwell aforesaide yeoman of the age of Fortye yeres or thereabouts sworne and examined the daye & yere aforesaide sayethe and deposethe as followethe

1/2 To the first and seconde Interr he sayethe as his precontestes the saide John Peirson hath saide to the same

3 To the third Interr he sayeth that the Cattell of the said Robt Delavale were often .. the grounds of the saide Complt in the Interr menconed and have spoyled and eaten the grasse there And that the said Complt did complaine of the said hurt & damage done .... To the fourth Interr he sayethe as his p[re]contestes the saide John Peirson hath saide to the same/

5 To the fyveth Interr he sayethe that the saide Complt and his servants fydinge the saide Cattell on his saide grounde as aforesaid did Lawfully {distreyne and - scored through} ympounde the saide Cattell, p[ar]te in the Comon pinfauld of Halliwell and p[ar]te in a fauld of his owne at the tyme menconed in the saide Interr by reason the saide Cattell shoulde not hurte thone thother/

6 To the sixte Interr hee sayethe that the said defendts had knowledge of the ympoundinge of the saide Cattell and that William Warde the hearde of the saide Robt Delavale Came to the Complt to bo..owe the saide Cattell/

7 To the seaventh Interr this examinant sayethe as his p[re]contestes the saide John Peirson hathe saide to the same/

8 To the eight Interr this examinant sayethe in all poynts as his precontestes the said John Peirson hathe saide to the same saving that he harde the saide defendts saye that they woulde have the same Cattell before they went awaye/

9 To the ixth Interr he sayethe some of the saide defendts did thrust open the dores of the saide pinfauld and to the rescydue of the same Interr sayethe in all poynts as his precontestes the saide John Peirson hathe saide to the same

10 To the xth of the same Interr he sayethe that the defendts had the sev[er]all weapons in such manner as the saide John Peirson his precontestes hath deposed, and further to the same Interr Cannott depose/

11 To the xjth Interr he sayeth that he thinkethe in his Conscyence That yf the Complt had therein rescysted the saide defendts they woulde have made an affraye upon the plt and his servants/

12 To the xijth Interr he sayethe that there were certeyne Cattell of the saide Robt Delavale in the west feilde in the Interr menconed and that the saide west feilde dothe lye and adioyne upon a Comon and never had fence, and further sayethe that the saide Complt did bringe the saide Cattell to the saide Pinfoulde and further to the said Interr cannot depose/

13 To the xiijth Interr this examinant sayethe in all poynts as his precontestes John Peirson hathe saide to the same

14 &c To the fourthtenth, fiftenthe, and sixtenthe Interr this deponent sayethe he Cannott depose/

17 To the xvijth Interr he sayethe he sawe the said Cattell last menconed about the saide tyme menconed in the Interr dryven awaye from the saide pinfaulde by some of the saide defendts, servants to the saide Robt Delavale the defdt and further to the same Interr cannott depose/

To the xviijth Interr he sayeth he sawe the same defendts whoe drave awaye the saide Cattell as aforesaid have lance staves and further there cannott depose/

19 To the xixth Interr this deponent Cannott depose

20 To the xxth Interr he sayethe that the said Robt Delavale is a Justice of peace in the saide Countye, but further cannott depose/


Thomas Peirson of Halliwell aforesaide husbandman of the age of twentye and twoe yeres or thereabouts sworne and examined the daye and yere aforesaide and deposethe as followethe

1 To the First Interr this examinant sayethe he knoweth the saide Complt and defendts

2 To the seconde Interr he sayethe as his precontestes the saide Thomas Readhead hath saide to the same Interr

3/4 To the thirde and fourthe Interr he sayethe as his precontestes the saide John Peirson hath saide to the same

5 To the fyvethe Interr he sayethe the said Complt brought the saide Cattell Lawfullye as he thinketh to the saide pounde and to the ........... Interr ............................. his precontestes John Peirson

6.7 To the sixte and seaventhe Interr he sayethe in all poynts as his precontestes John Peirson has saide

8 To the eight Interr he sayethe the saide defendts to his knowledge offred not to satisfie the saide Complt for the saide hurte and damage done as aforesaide but saide they woulde have the same Cattell and deposeth to the rescydue of the said Interr in suche manner as his precontestes John Peirson hathe saide

9 To the ixthe Interr he sayethe in all poynts as his precontestes the saide John Peirson hath saide to the same

10 To the xth of the same Interr he sayethe he see noe men therabouts to have aided the saide defendts but sayeth neighbors thereabouts reported and saide that theire were many men lyinge beside the garthes of Halliwell to have aided the saide defendts (as they supposed) and deposeth to the rescydue of the same Interr as his precontestes the saide John Peirson hath deposed to the same

11 To the aleaventh Interr he sayethe the saide defendts saide they woulde have the same Cattell out of the said pinfauld before they went awaye as before he hath deposed but further to the same Interr Cannott depose

12/13 To the twelveth and thirtenth Interr he sayethe as his precontestes the saide John Peirson hath saide to the same

14 To the xiiijth Interr he sayethe that the saide Robt Delavale esquier had knowledge that his saide Cattell were soe ympounded for that his man Cam to the saide Complt in the [?audiance?] of this examinant for to have the same Cattell awaye w[hi]ch were soe ympounded to whome the Complt answered he shoulde not have them but by order of Lawe and by reason he had Caused the Complt thentofore to lose his Cattell by replev.. Late ympounded by the said deft

15 To the fiftenthe Interr this examinant Cannott depose/

16 To the sixtenthe Interr he sayethe one of the defendts as he thinkethe yt was one hearon servant to the saide Robt Delavale esquier saide they woulde have the saide Cattell as before he hath deposed but further to the same Interr cannott depose

17 To the seavententh Interr he sayethe the saide defendts did take the [?stones?] from the back of the dore of the saide pinfauld whereby the said dore was made fast and tooke out and drove awaye the same Cattell soe ympounded but further to the same Interr cannott depose/

18 To the xviijth Interr he deposeth that three of the saide defendts whoe drove awaye the saide Cattell had lance .... and a dagg and Mr Reaslye had nothinge in his hande and further to the same Interr cannott depose/

19 To the xixth Interr he cannott depose/

20 To the xxth Interr he sayethe as his p[re]contestes the saide Thomas Readheade hath saide to the same Interr


Thos Hylton H: Anderson Martine Ogle


Interrogatories on behalf of Robert Delavale:

Interrogatories to be minstred to Wittnesses p[ro]duced one the p[ar]te and behalf of Robert Delavale esquire and others defendts against Cutbert Baits Complainant

1. Imprimis whether doe you know the plt and defendts & how longe have you knowen them and whether doe you knowe A pasture or feild called Breerdon, And a pece of ground called Whitrigg in Seaton Delavale and whether doe you know that the said Robt Delavale ys seised thereof or of p[ar]ts thereof in his demesne as of fee ... otherwise possessed thereof and how longe have you knowen the said p[er]sons and grounds,

2. Item whether doe you knowe that the said Robt Delavale or some by his appointment did putt xxkeyne into A feild called Breerdon, whereof xvijtene had calves of a week old or thereabout, whether doe you know or have harde, that the said keyne did break into a meadowe feild or were putt into the said feild by any p[er]son yf they did brake in by and thorough whose default did they so break in or by whome were they putt in as you know or have harde

3. [?& 4?] Item ys there not An earthen fence betwene the said feild called Breerdon and meadow feild yf yea, whoe ought to mainteyne the said fence and whether ought not the said Complt to mainteyne the said Fence or the most p[ar]te ... did the complt or some of his servants on the .. xviijth daye of June in the bill menconed drive the Cattell of the defendt Robt Delavale out of the said feild called Breerdon or out of the said Meadow feild, And whether did he drive the said cattle then p[re]sently to the pound or did retaine them in some of his owne feildes and whether were the keyne and calves in the pound or in the feild and were not the said keyne and Calves like to have byn spoyled w[i]th peninge together or much the worde yf they shold have continued longe their yea or noe/

5. Item whether doe you knowe or have hard that one William Ward whoe was heardman of the said Robte Delavale did in ... uppon the said xviijth daye of June repaire to the said Complt understandinge that the said cattell were in the complts keeping & did in very frendly manner (w[i]thout offering any violence or outrage offered by hym) request the ..................................... m[aste]rs cattell and did not the said Ward offer the said complt that yf the said cattell had ....................... thorough his owne default) he shold be recompensed for the said trespas in any reasonable sorte or that he shold retaine three of the kyne being the said Wards goods, untill he were satisfied for his said damage/

6. Item whether doe you knowe or have hard that John Delavale one of the defendts after that the said Warde retorned to hym from the complt did send the said Ward and John Hill one other of the defendts to the said complt to request the said Complt to deliv[er] the said cattell, And whether did the said Ward and the said Hill in peaceable mann[er] request the said Complt to deliv[er] the said Cattall and offered hym reasonable consideracon for his damages

Item whether doe you know, or have hard that after the said Ward and Hill had conferred w[i]th the said Complt and were denied the said cattell, that the said John Delavale did send in peaceable manner to the said complt Edward Delavale & Anthony Readhead (in the bill menconed to intreat the said complt to deliv[er] the said Cattell, And whether did the said Edward Delavale and the said Readhead request the said complt to deliv[er] the said cattell or what other meanes did they use./.

Item whether did the said Complt uppon the intreaty of the said Edward Delavale & Readhead deliv[er] the said Cattell to them or did they violently breake open the pound and w[i]th force carrie away the said Cattell and what weapons had the said Edward Delavale and Readhead there about them, And whether did they streicke and fight w[i]th the said complt or did they dep[ar]te in peaceable mann[er] w[i]thout offering violence to the complt or any his servants

Item whether did not the said Complt answere the said Edward Delavale and Readhead that yf they wold paye iiijd for pound lawe in respects the calves were yonge they shold have the said Cattell and did not the said Edward Delavale and Readhead or one of them thereuppon paye the said iiijd and carried awaye the said Cattell in peaceable and quiet meanes And what other speches did the said Complt use at that tyme; And were there any moe p[re]sent in the company of the said Edward Delavale and Readhead et that tyme that offered to assiste them/

Item whether was the said John Delavale one of the defendts ..sent w[i]th the said Edward Delavale and the said Readhead or had the said Edward Delavale and Readhead the cattell deliv[er]ed them before the said John Delavale came to the complt yea or noe,

11 Whether did the said John Delavale bringe w[i]th hym in his company any ... p[er]son then the said John Hill and whether did they come armed w[i]th weapons in riottous mann[er] or did they come towards the said pound in peaceable and quiet mann[er] yea or noe And whether did the said John Delavale and the said Hill goe to the complt and talk w[i]th him or did they retorne bac againe before they came to the said pound/

12. Whether did the said John Tompson, James Hodson, Gawen Swane, George English and Percivall Ladley in the bill menconed come to the pound where the said cattell were and did use any Riottous or outragious acte either against the said Complt or against any other his servants at that tyme or did they retorne vack to their m[asters] howse in peaceable mann[er] w[i]thout comitting any affraye at the said tyme and place/

13 Item whether was the said Robte Delavale At home at his howse at Seaton Delavale the said xviijth daye of June, when his said Cattell were so impounded or where was he at that tyme as you knowe or have hard./

14 Whetherdoe you know or have hard that the said Complt did impound the cattall of of the said Robt Delavale in and uppon the xxvjth daye of Octob[er] in the yere in the bill mennconed yf yea uppon what occasion whether for trespas or for what intent did he so impound them as you knowe or have hard/

15 Item whether doe you knowe or have hard that one Francis Reyesley Lanncelott Browne John Tompson and Anthony Readhead in and uppon the said xxvjth daye of October repaire to the complt at Hallowell/ yf yea to what intent and what speches and conference had they or either of themw[i]th the said complt at that tyme and what was the effecte therof

16. Whether did the said Francis Reisley and the others in his companye intreate the said complt .............. there said m[asters] Cattell w[hi]ch he had impounded and offered to compound w[i]th him in any reasonable sorte for the damages done hym by the said Cattall

17. Whether did the said Complt Awnswere the said Reisley and the other then in his company that he did not impound them for the trespas but for other matters w[hi]ch he wold not ....te them ... all

18. Whether did the said Reisby and the other then in his company offer any violence or outrage against the complt or any in his company at that tyme or did they bahave themselffes peaceably and quietly, And did not they in peaceable and quiet mann[er] w[i]thout any violence or outrage take the cattall then and there being impounded out of the said pound And whether was the ................................. locked or only [?shuitto?] yea or noe/

19. Whether do you know that the defendts or any of them did use any violence towards the sayde Complt or any of his s[er]vants at eyther or any of the tymes and places mencyoned in the Bill or did they at those tymes and places peaceablyrequest the Complt to redelyv[er] there m[asters] Cattell was there any affray fighting or other owtrage used at eyther of the sayde tymes other then the sayde defendts or someof them peaceably tooke the sayd Robert Dallavells Cattell and drove them away and was not the Complt consenting or willing thereunto/

Wrightington


Depositions of witnesses on behalf of Robert Delavale:

The Examinacons and deposicons of Wittnesses producte sworne and examined ..... Interrogatories hearunto annexed on the parte and behalf of Robarte Delavale Esqiuer and others defendants Againste Cuth.... ...tes Complainante Taken att the parishe Churche of Mickle Bempton the Fifteene daie of Aprill in the Nyne ....... Thirtie yeare of the raigne of our soveraigne ladie Elizabeth by the grace of god Quene of Englande Frannce and Irelande defender of the faithe &c/ Before Thomas HIlton and Henrye Anderson Esquiers And Martin Ogle Gentleman, Comissioners in that behalf assigned by vertue of the Quenes ma[jesties] Comission hearunto annexed forthe of hir highnes highe Courte of Starr Chamber to them and others directed as hearafter ens.... (vidlt)

John Pearson of Halliwell in the Countie of Northumberlande yeoman of the Aige of Eighte and Twentie yeares or thearabouts Sworne and examined by his oath upon the Evanngiliste the daie and yeare above saide deposeth and saithe as followeth (vidlt)

To the Firste Interrogatorie he saith he dothe knowe the plaintif and defendannte and hathe knowne them by the space of Twelve yeares and dothe knowe the pasture or feilde called Brierden and the peice of grounde called Whitrigg in Seaton Delavale and he saithe that the saide Robarte Delavale .. possessed of the same but of what estate he knoweth not, and that he hath knowne the said p[er]sons and groundes by all the tyme before menconed,

To .. Seconde Interrogatorie he saieth that their weare in the saide feilde Breirden certen kyne of the saide Robarte Delavales or his servants b.. howe many kyne weare in the saide feilde this deponente knoweth not, and wheather the said kyne had calves or noe this deponente knowe.. not And he further saithe that the saide kine weare in a meadowe feilde, but howe, in, or by whose defaulte they came into the said meadowe he k...eth not, And more to this Interrogatorie he cannott depose

To the Thirde Interrogorie he saithe that their is an earthen fence betwene ... feilde called Breirden and the meadowe feilde of which fence Mr Batts and his tenants and other the freeholders in Halliwell oughte to maintaine thone half and Mr Delavale thother moyetie theirof,

To the Fowrth Interrogatorie he saithe he did see the Complaynante the Eigh.. daie of June in the bill menconed, drive the cattell of the defendante oute of the saide meadowe feilde to the pinfolde and did not retaine them in any of his owne feildes, And he further saithe that the saide kyne weare liklie to have beine spoiled or muche the worse with pininge togeather in the saide pounde if they shoulde have continued longe their/

To the Fifte Interrogatorie he saith that he hearde that the saide William Warde in this Interrogatorie named, herdman of the saide Robarte Delavale did repaire to the Complainante understandinge that the saide Cattell weare in the Complainants kepinge, And further to this Interrogatorie he cannott depose,

To the Sixte Interrogatorie he saithe he hathe hearde that the saide William Warde and John Hill did the saide daie that the saide Cattell wear impounded cometo the Complainante but what they proffered or spoke unto him this deponente knoweth not And more to this Interrogatorie he cannot depose

To the Seaventh Interrogatorie he saithe that Edwarde Delavale and Anthonie Readheade in the bill menconed did come to the Complainante And did desire the Complt that they mighte have the said cattell and did offer parkage for the same, but what or howe muche he knoweth not And more to this Interrogatorie he cannott depose,

To the Eighte Interrogatorie he saieth that the said Edwarde Delavale and Anthonye Readheade did thruste open the dore of the saide pinfolde and did drive awaie the saide Cattell with force, And more to this Interrogatorie he cannott depose

To the Nynthe Interrogatorie he saithe that the said Edward Delavale and Anthonie Readheade did offer the Complainante poundlawes of parkage for the saide Cattell but howmuche he knoweth not, savinge he hearde saie they offered Fower pence for the poundlawes or parkage of the saide Cattell And more to this Interrogatorie he cannott depose

To the Tenth Interrogatorie he saith that John Delavale was cometo the said Edward Delavale and Anthonye Readheade before the saide Cattell wear taken forthe of the said pinfolde

To the Eleaventh Interrogatorie he saithe that the saide John Delavale did not bringe with him in his companye anye other save onelye the saide John HIll in this Interrogatorie named And he saithe that John Delavale had a gunne and the said Hill a longe grained staffe, And did rake alonge quietlie to the folde wheare the Cattell was impounded And he further saithe that the said John Delavale and Hill did goe to the Complainante and talked with him and so wente awaie with the said Cattell, And more to this Interrogatorie he cannott depose

To the Twelfte Interrogatorie he cannott depose,

To the Thirteenth Interrogatorie he saithe he hathe hearde that the saide Robarte Delavale was the saide Eightene daie of June in this Interrogatorie menconed att London And more to this Interrogatorie he cannott depose/

To the Fowrteenth Interrogatorie he saith he doth knowe that the Complainante did impounde the Cattell of the said Robarte Delavale in and upon the Sixe and Twentie daie of October in the Interrogatorie menconed but upon what occasion this deponente knoweth not savinge he hath hearde that it was upon some trespasse And more to this Interrogatorie he cannott depose

To the Fifteenth Sixteenth and Seaventeenth Interrogatories he cannott depose

To the Eighteenth Interrogatorie he saithe that the said Reasley nor anye in his companye did att that tyme offer any vyolence to the Complainante or any of his servants or to anye in his companye save onelie that they thruste open the ............... dore and tooke forth the saide Cattell againste the Complainants minde and he further saith that the saide pinfolde dore was not locked butt onelie shott too and stones lade att the back of the saide dore and so made faste,

To the Nynteenth Interrogatorie he cannott depose/


James Bailif of Halliwell aforesaide in the said Countie of Northumberlande yeoman of the aige of thirtie yeares or thearabouts sworne and examined by his oathe upon the hollie Evangeliste the daie and yeare abovesaide deposethe and saithe as followethe

To the Firste Interrogatorie he saithe he knoweth the plaintif and defendants and the pasture or feilde called Breirden and the peice of grounde called Whitrigg in Seaton Delavale and he saithe that the said Robarte Delavale is possessed of the same groundes and so hath beine by the space of theise Eighte yeares but of what estate this deponente knoweth not And he saith that he hath knowne the saide persons and grounds by the said space of these Eighthe yeares laste paste,

To the Seconde Interrogatorie he saithe that Mr Delavales servante William Warde beinge heardman to the saide Robarte Delavale or his servants did putt certen kyne into the saide feilde called Bryerden feilde Seaventene whearof he saith he hath hearde the said heardman saie have younge Calves, And he further saithe he hath heard the said Warde saie that the saide kyne did brake into the saide meadowe fealde by and in the defaulte of the saide Complainante or some others in Halliwell in not kepinge upp their hedges as he hath hearde the saide William Warde affirme And more to this Interrogatorie he cannott depose,

To the Thirde Interrogatorie he saith that betwene the saide feild called Breirden their is an earthen fence which devideth betwene the saide feilde and a feilde their called blackhill of w[hi]ch fence the Complainante and other the tenants and frehoulders in Halliwell make thone half and the saide Robarte Delavale thother half and betwene the said feilde called Blackhill and the saide meadowe feilde in this Interrogatorie menconed is another earthen fence which the complaynante and other the tenantes and free holders of Halliwell oughte whollie to maintaine/

To the Fowrthe Interrogatorie he saithe that the Complainante or some of his servants on the Eightene daie of June in this Interrogatorie menconed did drive the Cattell of the said defendante Robt Delavale oute of the saide meadowe feilde and did putt some of them in the comon pounde of Halliwell and other some in a folde or yarde on his owne backside And further to this Interrogatorie he saith and deposeth as his preconteste John Pearson hath saide and deposed/

To the Fifte Interrogatorie he saithe he hath hearde by his neighbours that the saide Willm Warde understandinge that the said Complt had impounded his saide m[asters] Cattell did make his repaire to the Complt and made unto him suche a proffer as in this Interrogatorie is menconed//

To the Sixte Interrogatorie he cannott depose for that he was not presente att the saide message

To the Seaventh Interrogatorie he saith ........... John Delavale did sende in peaceable manner Edwarde Delavale and Anthony Readheade in this Interrogatorie named .............. Complaynante who intreated him to deliver the saide Cattell who answered if you will veiw my meadowe that it ma............ hurte they have done you shall have them forth and they answearinge saide to the Complainante that for that our .............. it awaie we cannott so doe but quothe they to the complainante lett you it be veiwed and seene by Fowre men or Two whe........... and if our m[aster] do not att his home cominge satisfie and contente you you maie sue him,

To the Eighte Interrogatorie .............. that the Complainante woulde nott upon the intreatie of the saide Edwarde Delavale and Anthonie Readheade deliver the saide ............ he saithe that the saide Anthony Readheade and Edwarde Delavale put open the gate of the saide folde on the O................. backside to have hade the Cattell forthe which weare their impounded but the saide complainante saide they shou.......... have the same whearupon they stood still withoute strikinge or feightinge with the Complainante and departed in pe........... manner withoute offering violence to the complaynante or to anye of his servants/

To the Nynthe Interrogatorye he saithe ......... depose savinge that he saithe that the said Edward Delavale did offer to the Complainant Fower pence for the parkage or poundlawes ......... said Cattell wosaide he woulde not take the same whearuppon the saide Edward Delavale laide downe the said groate And this ..... furthe & saith that at that tyme their wear no other in Companye with the saide Delavale and Readheade that offered to aide or ..... them

To the Tenth Interrogatyrie he saith that the said John Delavale was come to Mr Bayte his howse before the saide Edw........ Delavale and Anthonye Readheade had taken the saide Cattell,

To the Eleaventh Interrogatorie he saith that the said John Delav[ale] did not bringe in his companye any other p[er]sons save onelie the saide Hill And he saithe they did not come armed with anye other weap[ons] save onelie a peece which the saide John Delavale usuallie walketh withall and a walkinge staffe which the saide Hill hade in his hande And further he saith that the saide John Delavale and Hill went to the Complainante and talked with him before they came to the saide pounde which talke was to this effecte (vidlt) Quoth the said John Delavale to the Complainante .... use my faither verie hardlie in keping his kynne in the pounde so longe and the Calves younge and like to be spoiled whearupon the Complainante said lett the meadowe be seene ................... men ... the ............ Fower or Two men see the spoile they have done and if my father att .... home ............. will not contente and satisfie you you maie sue him whearuppon the Complainante saide to the saide J.................. wear att home their shoulde be bookes on the green before they went forth of the foulde

To the Twelfte Interrogatorie he saithe their weare none of the said p[er]sons in this Interrogatorie named which came att that time to the saide pounde or in his this Examinants sighte And further to this Interrogatorie he cannott depose,

To the Thirtenthe Interrogatorie he saith that the said Robarte Delavale was at London att the tyme in this Interrogatorie menconed by reporte of his servants And he further saithe that he knoweth that he was frome home bothe before att and after that tyme,

To the Fowrtene Interrogatorie he saith and deposeth directlie in all things as his preconteste John Pearson hath said and deposed

To the Fifteenth Interrogatorie he cannott depose butt by reporte/

To the Sixteenth Seavententh and Eighteenth Interrogatories he cannott depose butt by reporte

To the Nyneteenth Interrogatorie he saith that the defendant nor any of them did use anye violence towards the complainante or any of his servannts att either or anye of the tymes menconed in this Interrogatorie savinge that he saith that when the saide John Delavale was talkinge with the Complainant the saide Edwarde Delavale and Anthonye Readheade or thone of them did putt open the gate of the said pounde and tooke forthe saide Cattell which the Complainante seinge made no resistance And he further saithe that their was not anye affrayinge fighteinge or anye other outragious usage att either of the saide tymes other then that the saide defendants or some of them tooke the {in margin - in secundo die} saide Robarte Delavales Cattell and drove them awaie And more to this Interrogatorie he cannott depose


William Tailor of Halliwell aforesaide in the said Countie of Northumberlande yeoman of the aige of Threescore and Fowre yeares or thereabouts sworne and examined by his oathe upon the hollie Evangeliste the daie and yeare abovesaide deposeth and saithe as followeth

1/ To the Firste Interrogatorie he saith he dothe knowe the saide Complainante and Mr Robarte Delavale one of the defendants the said feilde called Breirden and the said grounde called Whitrigg in Seaton Delavale, And hath knowne the saide p[er]sons and grounds by the space of theise Twentie yeares and he doth knowe the reste of the defendants and hath knowne them the space of theise Fowre yeares, And he further saithe that the saide Robarte Delavale is possessed of the saide grounds as he thinketh of some estate of inheritance,

2/ To the Second Interrogatorie he saithe that the saide William Warde the heardman of the saide Robarte Delavale putt into the saide feilde Twentie kyne kyne of his m[asters] Seaventene whearof he saithe had Calves of a weeke oulde or their abouts as the said Warde then toulde this Examinatt And he further saithe that the saide kyne did breake into the saide meadowe and as this Examinat hearde the saide William Warde then affirme the saide kyne did breake in the said meadowe feilde by and in the defaulte of the saide Cuthbarte Baites in not makinge upp his hedges their

3/ To the Thirde Interrogatorie he saith that betwene the saide meadowe feilde and the saide Feilde called Breirden is an earthen fence which the saide Complainante and other the Tenants and freholders of Halliwell aforesaide oughte to maintaine thone half of and the deft Mr Delavale the other half of,

4/ To the Fowrthe Interrogatorie he saithe and deposeth directly in all things as his preconteste James bailif hathe saide and deposed,

5/ To the Fifte Interrogatorie he saithe he was presente in the Comon Smiddie in Hallowell when the William Warde, the saide Robart Delavales heardman came to the Complainante and intreated him to lett him have forthe his m[asters] cattell for that they had younge Calves and woulde be muche worse if they should stande longe, whearupon the Complainante answearinge saide William Warde I muste have my meadowe mended before they goe forthe whearupon the saide Warde answeared and saide S[ir] I ame a servannte and my m[aster] is att London, and theirfore I praie youe lett me have them forthe, and I will paye youe the parkage or poundlawes of the .. if youe will not so do their is Three of myne owne kyne amongste them I praie you lett me have my m[asters] and lett my Three kyne staie till you be satisfied whearunto the Complainant answered no I will not so do for they have all eaten togeather and theirfore they shall stande all togeather, And so the saide Warde departed with that answear

6/ To the Sixt Interrogatorie he saithe he knowethe that the saide Hill and Warde came to the Complainante but what speches they used unto him he this deponente knoweth not, but he saithe he see them goe frome the saide Complainante And more to this Interrogatorie he cannott depose,

7/ To the Seaventh Interrogatorie he saithe he was standinge with the Complainant when Edwarde Delavale and Anthonye Readheade came to the Complainante and saluted him according to the tyme of the daie and saide unto him S[ir] you do my m[aster] the hardeste he beinge frome home to impounde his kyne havinge younge Calves and will not lett us have them forth whearunto he answeared and saide Edwarde that will not serve me I must have mye meadowe mended And he saide unto the Complainante take two men and lett the meadowe be veiwed and if my m[aster] do not att his home cominge satisfie you then maie you sue him, And theirupon the Complainante answeared that will not serve me, whearupon the side Edwarde Delavale saide trulie the kyne have stande to longe haveinge younge Calves which are like to be spoiled, we muste have them forthe and theirfore if you will take the parkage for them I will paie it you, And so tooke oute a groate and offered the Complainante which he refusinge the saide Edwarde Delavale laide downe on a stone their/

8/ To the Eighte Interrogatorie he saithe that the Complainante woulde not upon the intreatie of the said Edward Delavale and Anthony Readhead deliver the saide Cattell, but he saithe that the saide Edwarde Delavale wente to the foulde on the backside of the Complainants howse and putt open the dore theirof, the same not beinge locked but drawen to and wente in and putt forthe Two of the saide kine which the Complainante seinge putt in againe And he saithe that the saide Edwarde Delavale and Anthony Readheade had either of them a prittie walking staffe of a yarde and a half longe with little heads with which they use to walke with their [?master?] and so they stood still comminge with the Complainante in good manner till John Delavale and John Hill came But he saithe their was no striking nor feighting by either p[ar]tie neither was their any violence offered on either p[ar]tie or to any p[er]son their/

9/ To the Nynthe Interrogatorie he saieth he cannott further saie or depose then he hath before the Seaventh Interrogatorie saide and deposed savinge that he saithe their weare no other p[er]sons [?present?] att that tyme which offered to aide and assiste the said Edward Delavale and Anthony Readhead/

10/ To the Tenthe Interrogatorie he saith that the said John Delavale came before the saide Edward Delavale and Anthonye Readheade hade the saide Cattell deliv[er]ed unto them And more to this Interrogatorie he cannott depose

11/ To the Eleaventh Interrogatorie he saith that the saide John Delavale broughte no other p[er]son in his companye save onelie the saide John Hill who did not come armed with anye other weapons save onelie a little gunne which the saide John Delavale hade and a walkinge staffe which the saide John Hill hade And further he saithe that assoone as the Complainante espied the saide John Delavale cominge towards him he saide to them that wear standinge their of yonder comes a gentleman who if he hade called att the firste shoulde have hade forth the cattell before any of you had come And he further saith that when the saide John Delavale came to the Complainante he gave him the tyme of the daie and he him likewise And so the saide John Delavale entered into conference with the Complainante which conference or talke was to this effecte (vidlt) saide the said John Delavale I praie you sir lett us have furth my fathers kyne quoth the saide Complainante I cannott lett forthe you.. cattell till my meadowe be sene then saide John Delavale lett your meadowe be sene and if my father do not satisfie you att his homecominge you maie take your remedie againste him whearupon the Complainante answeared and said if your father hade bene att home their shoulde have bene bowks on the grene before the cattle had gone forth whearupon the said John Delavale taking his [?peece?] in his hande and setting the [?brutch?] ende downewardes to the grounde and laying hande over the mouth of the same saide [?ah?] gods lorde [?books?] on the grene what mean you by that if it shoulde be soe it cann never be in better tyme then now

12/ To the Twelfte Interrogatorie he saithe that att that time he did not see any of the p[er]sons in this Interrogatorie named And more to this Interrogatorie he cannott depose/

13/ To the Thirtenth Interrogatorie he saithe the saide Robarte Delavale wente towards London before the said Eighteenth daie of June when his Cattell wear so impounded and was not retorned home the same daie to his howse,

14/ To the Fowrteenth Interrogatorie he saith he hathe hearde that the Complainante did the Sixe and Twente daie of October in this Interrogatorie menconed impounde certen younge stirkes of the said Robarte Delavales for eatinge of his Corne, which as this Examinat hath hearde the said Mr Delavale gettinge intelligence of sente one Lanncelott Browne and John Thompson to the Complainante to veiw what faulte the said cattell had done whoe answered unto them as they affirmed to this examinate I have not impounded them for any trespasse in the Corne but for other matters

To the Fifteenth, Sixteenth, and Seaventeenth Interrogatories he cannott further saie or depose then he hath before saide and deposed.

18/ To the Eighteenth Interrogatorie he cannott depose/

19/ To the Nyneteenth Interro[gatorie] ................. as aforesaide when the said firste cattell weare impounded dothe saie that att that tyme the saide defendants ........................ use any violence towards to Complainante or anye of his servannts savinge that he saithe that when the saide John Del[avale] ....... ...kinge with the Complainante the said Edward Delavale and Anthonye Readheade or tho[ne] of them did open the yate of the saide .......... ..ke forthe the said Cattell which the Complainante seinge made no resistance And for any other affrayinge fighting .............. att that tyme this deponente saith their was none And more to this Interrogatorie he cannott depose


John Halle of Halliwell aforesaide in the saide Countie of Northumberlande yeoman of the age of Fiftie and Nyne ye[ares] ................... [swor]ne and examined by his othe upon the hollie Evangeliste the daie and yeare above saide deposeth [as followeth]

1/ To the Firste Interrogatorie he saith he doth knowe the Complainante and defendants and the ground[es] .................................. [Interrogato]rie menconed and hathe knowne the said Robarte Delavale esquier one of the defendants and the ....................... by the space of theise Twentye yeares and hath knowne the Complainante and the reste of the Defen[dants] ..... space of Three yeares or theiraboutes

2/ To the Seconde Interrogatorie he saithe that their was kyne in the saide feilde called Breirden which William Warde the said Robart Delavales heardman saide weare the kine of the saide Robarte Delavale And this deponente further saithe that he hearde the saide William Warde saie that the saide kyne did breake in to the saide meadow feilde att a hedge or fence which the saide Complainante shoulde have made

3/ To the Thirde Interrogatorie he saithe that betwene the saide feilde called Breirden and the said meadow feilde their is an earthen hedge or fence which the Complainante and other the neighbours and Tenants of Halliwell oughte wholly to maintaine

4/ To the Fowrthe Interrogatorie he cannott depose savinge he saieth that aboute the tyme in this Interrogatorie menconed he did see the saide kyne some of them in the pinfoulde and some in a fould on the Complts backside and that he hearde the said Warde Mr Delavales heardman saie that their Calves wear not paste Sixe daies oulde or theirabouts and that they woulde be spoyled if they mighte not have the saide kyne forthe of the .... foulde

5/ To the Fifte Interrogatorie he saithe and deposeth in all things as his preconteste William Tailor hath saide and deposed

6/ To the Sixte Interrogatorie he cannott depose

7/ To the Seaventh Interrogatorie he saithe that he did see the saide Edward Delaivale and Anthonie Readheade come to the Complainante and intreate him to deliver the saide kyne who saide he would not and as they wear talking togeather Two of the saide kyne came forthe which the Complainante Espyinge caughte or h..ted a grete longe staffe like a speare staffe in his hande and turned them back againe And then the Complainante and the said Edward Delavale and Anthonie Readhead or the one of them as he thinkethe and woulde have thruste open the dore and the other helde to the same

8/ To the Eight Interrogatorie he saithe that the Complainante woulde not upon the intreatie of the saide Edward Delavale and Anthony Readheade deliver the saide Cattell, but he saithe that the said Edward Delavale and Anthony Readheade stood still beside the Complainante not breakinge open the saide pound neither Carryinge awaie the saide Cattell, And he saithe further that they hade noe weapons save onelie either of them a staffe in his hands And morover he saithe that they departed in peaceable manner withoute either stricking fighteinge or offeringe any violence to the Complainante or any his servannts

9/ To the Nynthe Interrogatorie he can nott depose savinge he saithe that to the beste of his rememberannce he see the saide Edwarde Delavale throwe downe iiijd for the parkage of the saide Cattell

10. 11 & 12/ To the Tenthe, Eleaventh, and Twelfte Interrogatories he saithe and deposethe in all things as his preconteste William Tailor hath saide and deposed,

13/ To the Thirteenth Interrogatorie he saithe that by reporte of the said Robadte Delavales servannts the said Mr Delavale was the saide Eighteen daie of June in this Interrogatorie menconed at London,

14/ To the Fowrtenth Interrogatorie he saithe that the Complainante impounded the Cattell of the saide Robart Delavales the saide xxvjth daie of October in this Interrogatorie menconed beinge in the Corne but upon what occasion this deponente knowethe not/

15/ To the Fiftenth Interrogatorie he saithe that the saide Franncis Reasley John Tomson and Lanncelott Browne mett him this examinat as they wear cominge to the Complt and they toulde him this Examinat that they weare goinge to the Complt to take order with him for the hurte of the Corne which their m[asters] cattell had done him, And he saith he hearde the saide Reasley saie to the said Browne and Thompson that the Complt had toulde him it was not for the spoile of the Corne w[hi]ch he had impounded the saide cattell for but for other things which he woulde not tell him, And more to this Interrogatorie he cannott depose

16/ To the Sixtenth Interrogatorie he cannott depose/

17/ To the Seaventeenth Interrogatorie he cannott further saie or depose then he hathe before to the Fifteenth Interrogatorie saide and deposed/

18/ To the Eighteenth Interrogatorie he saithe that neither the said Reasley not thother in his companie did offer any violance or outerage either to the Complt or to anie of his servannts or any in his companie but opened the saide pinfold dore and so the saide Cattell wente awaie and they also wente awaie in peaceable and quiett manner,

19/ To the Nyneteenth Interrogatorie he saithe he did not see the defendants or anye of them use anye violence towards the saide Complainant or anye of his servants att either or anye of the tymes and places menconed in the bill, And he further saithe that they did att those tymes and places peaceablie re..... the Complainante to redeliver their saide m[asters] cattell, And he further saithe that their was not anye affraye ........... ot other outerage used att either of the saide tymes other then that the saide defendants ............................................. forth the said Cattell as aforesaide

Tho Hylton H Anderson Martin Ogle