STAC 5/D16/17

From Rpalmer
Jump to: navigation, search

Court of Star Chamber:

Josua Delavale v Randall Fenwick Robt Woodrington Effryme Woodrington Robt Dente Willm Selbye Lyall Fenwick and [blank] Shawe 33 Eliz

Transcript: Dave King



Contents

Bill of Complaint of Josua Delavale:

not dated but the bundle contains another copy, which may be the original, dated 26 April 33Elizabeth

Thomas Wrightingson Attornae pro Deff


To the Quenes most Excellent Ma[jes]tye


In most humble wyse complayninge sheweth unto your most excellent Ma[jes]tye your highnes true loyall and obedyent Subiect Josua Delavale of Ryvers Greene in your highnes countye of Northumberland gent That whereas your said Subiect together with Peter Delavale his brother and one Reignold Heron gent uppon the xxth day of Januarie last past beinge in Your Ma[jesties] peace and Ridinge from Seaton Delavale towardes the Towne of Newcastle to the entent there to take post horses and so from Newcastle to ryde towardes London for dyspach of their necessarie busynes and affaiers without p[re]tendinge any malyce or hurt to any your Ma[jesties] Subiectes So yt ys most dread sovreaigne That one Randall Fenwick of Newcastle uppon Tyne m[er]channt mallycinge and p[re]tendinge to quarrell with the said Reignold Heron without havinge just cause so to doe ( as your subiect thincketh uppon the sayd xxth day of Januarie understandinge that your sayd subiect, the sayd Peter Delavale his brother and the sayd Reignold Heron would that day ryde from Seton Delavale towardes Newcastle as aforesayd without [?all?] Dread of the punishment p[ro]vyded and ordeyned by your Ma[jesties] good and godlye lawes and ordynances against Ryotts rowtes unlawfull assemblyes, assaults and other lyke misdemeners, asse..... and gather to himself one Robt Woodrington of Plessey in your Ma[jesties] Countye of Northumb[er]land gent Effryme Woodrington his brother Robert Dent of Newcastle aforesayd gent and [blank] Shawe servannt him the sayd Randall Fenwick and divers other p[er]sonns to the nomber of tenn p[er]sonns armed p[re]pared and arrayed w[i]th swords daggers longe staves and other weapons Invasyve and defensyve And the same his C.... beinge so assembled and arrayed, he the sayd Fenwick dyd then devyde and sep[ar]ate in ambushes and sondrye secret places nere adioyninge the way throughe which your said subiect the sayd Peter his brother and the said Heron were to passe; to assiste and ayde him the sayd Fenwick in such outrages as he ment to attempt uppon and against your sayd subiect and his Companye And thereuppon the sa.. Randall afterwardes espyeinge where your said subiect his brother and the sayd Heron came rydinge the same waye in peaceable manner he the sayd Randall together with the said Shawe his servannt armed and p[re]pared as aforesaid dyd specyallye hasten to meete your said subiect and his companye, and then and there in Ryotous and unlawfull manner dyd forstall and assault your sayd subiect the sayd Peter Delavale and the said Reignold Heron, affyrminge that they would arrest and attache the bodye of the sayd Heron whereuppon the said Heron dyd demande of the sayd Fenwick whether he would arrest him of felonye or for what cause he would arrest or attache him whereunto the said Fenwick annswerd By vertue of a warrant from the then Sharyff of Northumb[er]land uppon p[ro]ces whereuppon the sayd Heron requiered the said Fenwick to lett him see the same warrannt, and yf yt were true that he had a lawfull warrant from the Sheryff he would yeld himself his pryson[er] and goe with him But the sayd Fenwick beinge no baylye knowne utterlye refusinge to shewe his warrannt did forthwith drawe his sword and dagger and so dyd the sayd Shawe lykewyse and dyd then and there lay violent hand uppon the said Heron and him dyd grevouslye assault wounde and beate, And thereuppon your said subiect dyd to thintent to keepe your Ma[jesties] peace and in defence of the said Heron drawe his sword and dyd stepp in betwene the said Heron and the said Fenwick and Shawe prayinge and requiringe them in your Ma[jesties] name to keepe your Ma[jesties] peace witho.. offeringe to stryke anye blowe But the sayd Fenwick and Shawe would in noe sort geve over their owtrage whereuppon your sayd subiect espyeinge others cominge towardes them and dowttinge what would become of the sayd heron, Putt upp his sword and dyd take the sayd Fenwick by the armes and held him and willed the sayd Heron hasten awaye for savegard of his lyef who thereupp[on] conveyed himself awaye with spede And thereuppon the said Fenwick dyd forthwith mount himself uppon the said herons horse and rydd affter the sayd Heron And your said subiect dowting what would become of the said outrage dyd ryde forthwith towardes the howse of one Robt Delavale esquier one of your Ma[jesties] Justyces of peace within your highnes sayd Countye of Northumb[er]land to enforme him of the outrage comitted uppon him the sayd Heron and said Peter your sayd subiectes Brother by the said Fenwick and the said Shawe And he the sayd Fenwick not fyndinge the sayd Heron and suspectinge (as he had good cause) that your said subiect would complayne of the same his owtrage comitted dyd [?eftsones?] retorne to the place where the sayd Dente Robt Woodrington Effryme Woodrington and others his Complyc[es] laye in Ambushe and secreatlye hidden who thereuppon together together with the said Fenwick and by his p[ro]cuerment armed as aforesayd dyd speedeley and in Ryotous manner followe your said subiect rydinge towardes the sayd Mr Delavales And overtakinge your said subiect dyd then and there in your Ma[jesties] highe way in most Ryotous and Rowtous manner assault and sett uppon your said subiect wounding beatinge and evell entreatinge him and with stronge hande and in vyolent manner dyd then carrye back your said subiect to Newcastle [?as?] their prisoner affyrminge that they would carrye him your said subiect to the then Sheryff of your said Countye of Northumb[er]land And the said Ryotous p[er]sonns havinge in such manner brought your sayd subiect back prisoner unto the sayd Towne of Newcastell he the sayd Randall Fenwick not so contented dyd threaten to carrye your said subiect as his prisoner in the said Towne of Newcastle unto his dwellinge howse Sayinge unto your sayd subiect that his howse showld be his Gaole untill he knowe Mr Sheryffs pleasuer which your sayd subiect refusinge to doe (knowinge well the sayd Fenwick had noe warrannt so to doe Whereuppon the sayd Randall Fenwick and others dyd againe sett uppon and evell entreat your said subiect in the said Towne of Newcastle callinge for ayde and cryinge out keepe the felon (meaninge your said subiect In which affray and assault the sayd Ryotous p[er]sonns would undowbtedlye have murthered your sayd Subiect and his said Brother ther p[re]sent yf thinhabytannts of the said Towne of Newcastle had not yelded helpe to rescue them contrarye to the good lawes and ordynannces of this your highnes Realme And further may yt please your most excellent Ma[jesty] The said Randall Fenwick and his adherentes not so satisfyed understandinge that your said subiect and his said Brother were gone to the howse of one Grace Armorer widowe an Inkep[er] within the said Towne of Newcastle to rest themselves, dyd forthwith in the said xx of Januarie assemble to them one Lyall Fenwick of Newcastle aforesaid and one Willm Selbye of the same Towne Alderman Father in Lawe unto the sayd Randall Fenwyck and a Justyce of peace within the same Towne of Newcastle And thereuppon the said Ryotous p[er]sonns beinge so assembled as aforesayd together wyth the sayd Willm Selbye dyd in very Ryotous order as aforesayd repayer unto the said Grace Armorers howse where your said subiect and his sayd brother were in peaceable manner And thereuppon the said Grace Armorer understandinge the said Ryotous and owtragious p[er]sonns were cominge to her howse and knowinge what had happened before and greatlye dowtinge the intent of their Cominge was to comitt some further owtrage uppon your said subiect in her howse dyd shutt her dors and woulde not p[er]mitt the said Ryotous p[er]sonns to enter into her said howse whereuppon the said Selbye [? as a man paste up with malyce?] against your subiect comanded the said Grace to open the dores which she refusinge to doe he the sayd Willm Selbye forthwith Comanded the said Ryotous p[er]sons to bre... and cutt downe the dores of the same howse And for that purpose sent for axes and instrumments to ... the same withall and in such dysorder and outrage the said Ryotous p[er]sonns .... .... and would in dede have some further owtrage yf the Maior and Inhabytannts of the same Towne had not p[re]vented their pretensed purpose and malycious entent towards your said subiect and his sayd brother which is lykewyse contrarye to the good and holesome lawes and ordynannces of this your Ma[jesties] Realm and dyd greatlye troble and terrifye the inhabytannts of the same Towne In consyderacon whereof the p[re]misses Consydered and for asmuch as theis and the lyke Ryottes Rowtes unlawfull assemblyes assaultes and other the misdemers are hatefull to god displeasinge to your Ma[jesty] and stricklye prohybyted by the good and godly Lawes and ordynannces of this your highnes Realme And for that also yf theis offenders should escape without iust and condigne punishment others of their lyke lewde [?disposycon?] might by their ensample be the rather ymboldned to comitt the lyke outrages which in shorte tyme wyll tende to the utter subvercon of all Justyce and good government, yf speedye reformacon be not had by your Ma[jesty] And for that also your sayd subiect of theis wronges ys remedelesse but in this Court and course of petycon to your Ma[jesty] Maie yt therefore please your most excellent Ma[jesty] to [grant] unto your said subiectes your highnes most gracious writtes of S[ubpena] to be dyrected unto the said Randall Fenwick Robt Woodrington Effryme Woodrington Robt Dente Willm Selbye Lyall Fenwick and [blank] Shawe Comandinge them thereby at a certen day and under a certene payne therein to be lymited p[er]sonallye to appeare before your Ma[jesty] in your highe Court of Starr Chamber then and there to annswere the premisses and further to abyde such order and dyrecon therein as to your most ho[norable] pryvey councel shall seeme convenient and your sayd subie............



The answer of Wyllm Selbye:

dated on reverse 3 June 1591

The Answeare of Wyllm Selbye Esquier one of the defendts to the Bille of Complte of Josua Delavaile Compl[aina]nnte


The saide Defendt saithe that the saide Bille of Complte is for dyverse matters of Imp[er]fection in the same conteyned incertaine and insufficiente in the Lawe to be answearid unto and of malicious purpose devisid to put this defendt to wrongfull vexacon and Trouble by Suite in lawe Nev[er]theles the Advantages of exception to the Incerteintye and Insufficioncye of the saide Bille at all Tymes to this defendt savid, and for the better Satisfaction of th.. Honorable Courte, & manifestinge the Trewthe in that Behalfe he farther sayethe That he this defendt was the xxth daye of Januarye in the Bill of complt menconed requestid to dyne w[i]th Mr Maior of the said Towne of Newcastle at the house of the saide Maior wheir beinge after dynn[er] worde was thither broughte unto him that Randall Fenwicke in the Bill of Complt menco[n]ed was, (in a Streate of the saide Towne called Pilgram streate) danngerouslye hurte by certeine of the Delavailes. Whearupon he this defendt beinge one of her Ma[jes]ties Justices of peace w[i]thin the saide Towne, aswell in dischardge of his dutye, to se her Ma[jes]ties Peace p[re]servid, & those who had broken the same condignly punished: as also the distressid state of the said Randall Fenwicke (who hathe maryed this defendts daughter) so far forth as unto him by Equitye mighte app[er]taine, releivid. he this defendt not havinge Sworde, Dagger, Knife, or anye other weapon whatsoev[er] aboute him, neither then nor at the Tyme of the Ryotte supposid, dep[ar]tid from the howse of the said Mr Maior towards Pilgram streete aforesaide, attendid upon onelye by one John Fletcher then his Servannte & now deceased who had no other weapon about him but onelye his Sworde w[hi]ch accustomablye he used to carye for the moste p[ar]te at suche Tymes as he did give his Attendannce upon this defendt And cominge to Graice Armorers howse in the Bill of Complte specified, he founde the Doores of the saide howse lockte or barred. Whereupon he willid those w[i]thin the saide howse to open the said doors, and that if they wolde so doe he wolde assure them on his Credit that none w[i]thin that howse shoulde receive anye hurte or p[re]judice by his Entry: w[hi]ch when they refusid to do, he then said, he wolde breake open the saide doors. After w[hi]ch Speaches so by him utterid, he remained their w[i]thoute attemptinge any thinge in Acte or deede for the breakinge of the saide doors, untill suche Tyme as the Maior w[i]th dyv[er]se other Inhabitannts of the said Towne imediatlie after this defendant repaired thither also, for the better seinge of her Ma[jes]ties Peace p[re]servid. And this defendt farther saithe, that how manye of the other defendts in the Bill of Complt noiatid were at the tyme of his comminge to the said howse in Pilgram streate, their, or repaired thither after his said cominge thither he nowe well remembrethe not. W[i]thout that, that he this defendt being in Ryotous mann[er] assemblid w[i]th the reste of the defendts in the Bill of compl noiatid did in verye Ryotous order repaire unto the saide Grace Armorers howse, or that he theirupon as a man pufte up w[i]th malice againste the Compl[aina]nnts, commannded the said Grace Armorer to open the Doore, or that upon her Refusall so to doe he this defendt comanndid the rest of the defendts in the Bill of complte noiated to breake & cut downe the doors of the said howse, or that he for that p[ur]pose sente for Azes & Instruments to do the same w[i]thall, or that he this defendt did their remaine w[i]th the other Defendts in the Bill of complte specified in any suche disorder or Outrage. as in the saide Bill of Complte is untrulye surmised. or that he this defendt wold have comyttid any further outrage yf the Maior & Inhabitannts of the said Towne had not p[re]ventid his p[re]tencid purpose & malicious Intent towards the said plaintif and his Brother, for that he saythe he came not to the said Grace Armorers Howse w[i]th any malicious Intente or in any mann[er] or forme then before in this Answer he hathe set downe & declarid. And w[i]thout that, that he this defendt by any Acte or thinge one his behalfe p[er]petratid & done did greatly trouble & terryfie the Inhabytannts of the said Towne. And w[i]thout that, that their ys any other matter or thinge in the sayd Bill conteined w[hi]ch toucheth or concernethe him this defendt and herein not suffcicientlye confessid & avoyded trav[er]sed or denyed materiall to be answerid unto ys trewe All w[hi]ch matters this defendt is redye to [averr] & p[ro]ve.as this Honorable Co[u]rte shall awarde, and prayethe from thence to be dismissid w[i]th his coasta and Chardges .... that behalfe wrongfully susteinid./


Jo. Baxtere

Capt apud Novocastrum Sup[er] tinam in uim iuramti Willm Selbye introscripti tertio die Junij Anno dm 1591/ coram nobis ..... virtate comissionis putibus annex Roger Rawe William Riddell John Hedworthe [?? - final signature illegible]



Interrogatories:

dated on reverse 2 June 1591

Interrogatorys to be ministred one the p[ar]te and behalfe of Josua Delavale Complaynant against William Selby defendt


Inprimis were you not privie at before or nere about the xxth day of Jannary last past that the pl[aintiff] togeather w[i]th Peter Delavale his brother and one Reynold Heron ment that day to travell from Setone Delavale to Newecastle yea or noe and were you not privye and acquainted that Randoll Fenwicke yo[u]r sonne in lawe w[i]th others that day would assault and set uppon the said Complainant and his said Company or att the least to assaulte and seke to arrest the said heron if yea for what cause did they so entend to assault and seke to arrest the said Heron and by what warrante and by whom was the said warrant made and att whose suite should the said Heron have bine arrested or attempted to be by them arrested expresse the truth of yo[u]r knowledge to ev[er]y p[ar]te of the Interrogatory


Itm did you not knowe the said Randoll Fenwicke and [blank] Showe his s[er]vantdid the same xxth day of Jannary assault sett uppon and evill intreate the Compl his brother and the said Heron travellinge from Seton Delavale towards newcastle and did not the said Fenwicke Showe Robte Wooddrington Effraym Wooddrington and Robt Dent and divers other p[er]sons after that assault & after such tyme as the said Heron was eschaped and rydden away from the said Fenwicke and Showe and after such tyme as the said Complt was ridden likewyse from them towards the house of one Robart Delavale a Justice of peace neare adioyninge ride after the said Complt and assaulted sett uppon and evill intreated him yea or noe if yea did nott the said Fenwicke ride w[i]th his sword drawne in his hand and did not the said Fenwicke and his said Complices after they had so overtaken and assaulted the pl[aintiff] w[i]th stronge hand and force bringe him backe to Newecastle as there prisoner yea or noe and did not the said Fenwicke then threaten the Complaynant to Carry him prisoner to his owne howse alleageinge that his howse should be his gaole and if he did what warrant had he so to doe and by whose p[ro]curement was the same done was not the same done by yo[u]r meannes previty abbetm[en]t or p[ro]curement or by whose p[ro]curm[en]t was the same done expresse the truth of yo[u]r knowledge or as you have heard to evry p[ar]te of this Interr


Itm did not you after the said Complanant was so brought backe to the said towne of Newcastle and sett free from the said Randale uppon the said xxth day of Jannary beinge accompanied w[i]th the said Randall Fenwicke Effraym Wooddrington Robt Dent and [blank] showe or some and w[hi]ch of them and div[er]s other p[er]sons goe from your howse in Newcastle aforesaid to the howse of one grace Armorer where yow understood the pl[aintiff] and his brother then were in peaceable mann[er] if you did who went w[i]th you what weapons had you and every of yo[u]r Company & to what entent did you so goe to the said Grace Armorers howse & by whose meanes or p[ro]curm[en]t did not yow [?cast?] of ... ... as you ...................................................................................... forth some weapons and take a .... [?stafe?] or .... in your hands utteringe thes or the like words on effecte my p[ar]te sho.. ... seene amongst the rest and theruppon hasten to the said grace Armorers howse if yea to what entent did you the same expresse the truth of your knowledge to ev[er]y p[ar]t of this Interrogatory//


Itm did not you when you came to the dore of the said grace Armorer and the same dore ...... require the said grace to sett open her dore yea or no if you did for what cause ... you ... require her to open her dore And did not yow uppon the refusall of the said ... ... open her dore offer to breake and cutte downe the same dore and ssend for tooles &c ... to Cutt downe the same dore if yow did to what entent did you so threaten and .... to breake and Cutt downe the same dore and was it not your ... ..aninge to break downe the same [dore] ..... thentente to Committe ... farder outrage against the said Complanant .... .... brother and ... not you and your Company remaine at or nere the said .... .... Armorers dore endevoringe to breake and cutt downe the same untill .... tyme as the Maior and Inhabitants of the said Towne did .... and rescue from doeinge the same and did not you afterwards at the tyme as the Maiore of the same Towne examined the same your outrage in the towne hall of the same Towne utter thes or the like words in effected unto the pl[aintiff] and his brother Mr Delavale I am glade that it fell out as it did that it was my sonnes Randalles fortune to mete w[i]th you as he did for if Lyall Fenwicke had meet w[i]th you as he was laye for you yt would have byne worse w[i]th you if you did what moves you so to say did you knowe before that day that the said Randall Fenwicke Showe and others ment to assault the pl[aintiff] and his said Company yf you did howe came you to the knowledg thereof were you not then a Justice of peace sworne w[i]thin the same Towne and what moved you so to repaire to the said grace Armorers howse and to attempte the breakinge downe of the same dore and by whose procurment did you the same expresse the truthe of your knowledge to every p[ar]te of this Interrogatory//



Examination of Willm Selbie:

dated on reverse 3 June 1591

The examination of Willm Selbie of the towne of Newcastle upon Tyne Esquier upon Interrogatories ministred on the p[ar]tie and behalfe of John Delavale pl[aintiff] againste the said Willm Selbie and Lionell Fenwickes defendts


To the first interrogatorie he saieth that he was not privie at before or nere about the xxth of Januarie last that the pl[aintiff] w[i]th Peter Delavale and Reynold Hearon ment that daie to travell from Seaton Delavale to Newcastle, neyther was he privie or acquainted that Randall Fenwicke w[i]th oth[e]rs would assault and sett upon the said compl[ainant] and his companye, or to assault and seeke to arrest the said Hearon neyther knoweth he for what cause they so intended to assault and seke to arrest the said Hearon nor at whose suite the said Hearon should have bene so arrested or attempted to be by them arrested, but in the afternoone of the same day at what tyme the said pl and the said Randall Fenwicke were before the Maior of Newcastle & his brethren this ex[aminant] did then se the said Randall have a writt or warrant for arrestinge the said Hearon subscribed by Willm Fenwick esquier then Sherif of Northu[m]breland as he remembreth and further he cannot depose./


To the second interrogatorie he saieth that he this ex[aminant] did not knowe of any matter menconed in this interrogatorie before that the said Randall Fenwicke & one of his servants did bringe the said pl[aintiff] into the towne of Newcastle but after they were [?comed?] hither & after that Mr Maior had called the p[ar]ties before him Randall Fenwicke told this ex[aminant] that he had brought the said pl[aintiff] to Newcastle & would have brought him to his owne house there to have remayned till the said Mr Fenwick sherif aforesaid his pleasure had bene knowne for that the said pl[aintiff] did reskew the said Hearon whom the said Randall did arrest by vertew of a warrant from the said Sherif but by whose p[ro]curement he did the same this ex[aminant] know[e]th not yet he saieth that the same was not done by his this ex[aminants] meanes privitie abetement or p[ro]curement neyth[e]r know[e]th he or haith hard of any oth[e]r matter conteynid in this interrogatorie by any but the pl[aintiff] & his companye.


To the third interrogatory he saieth that to the best of his remembrance he dyned the day menconed in this interrogatorie w[i]th the now Maior of Newcastle upon Tyne, where word was brought unto him that there was an assault & affray maid in a streat in Newcastle called Pilgrime streat by the Delavalis upon Randall Fenwicke aforesaid in which assault and affray it was affirmed the said Randall Fenwicke to be dangerously hurt whereupon he this ex[aminant] beinge a Justyce of peace w[i]thin this towne of Newcastle aswell in dischardge of his dewtie to se hir Ma[jes]ties peace p[re]served as also moved in trueth with some affection to se the dyhstressed estait of the said Fenwicke (who maried the daughter of this ex[aminant]) releyved so farr both as to his dewtie in the respects aforesaid did app[er]teyne he upon the warninge aforesaid unto him given dep[ar]ted from the house of Mr Maior unto Pilgrime streat aforesaid accompanied onely w[i]th one John Fletcher now deceased then servant to this ex[aminant] towards the house of Grace Armerer in the said interr menconed this ex[aminant] havinge neither dagger sword nor knife nor any oth[e]r weapon about him or cariedafter him unless his said man had his sword about him w[hi]ch for the most p[ar]t he usually caried after him when he gave his attendance, And furth[e]r this ex[aminant] saieth that he did goe to the place aforesaid w[i]th intent to se hir Ma[jes]ties peace p[re]served & the aforesaid Fenwicks dystressed estait so farr forth releyved as w[i]thout offence of Law he might doe, And he furth[e]r saieth that he beinge of the aige of threscore & thre yeares or more did for his better ease & passage from Mr Maiors house unto Grace Armerers house aforesaid putt of his gowne (yet not in [?Color?]) & deliv[er]ed it unto his man aforesaid to be caried after him who accordingly accomplished the same to this ex[aminants] knowledg, & for goeing into Gellesses house he affirmeth th[at] anie but he did not take any Coule staff or Club or any oth[e]r weapon from thence or that he spoke the wordes menconed in this interrogatorie he doth not remembre, & for haist he maid not any more then ordinarie from the one house to thoth[e]r and furth[e]r he cannot depose./


To the fourth interrogatorie he saieth that when he came to the said Grace Armerers house he required the doore to be opened to the intent that the p[ar]ties there remaininge might be brought before Mr Maior to answere such misdemeanors comitted by them w[i]thin the said towne as might be obiected against them & he this said ex[aminant] did offer that upon the openinge of the doores neyther he nor any there whosoever should offer them any iniurye, & as he remembreth upon refusall to open the doore he said he would breake them open if they would not open them & further offer or threateninges he maid none to the best of his remembrance, & to the best of his memorie he willed not any of his companye to break & cutt downe the same doore nor send for tooles & axes to cutt the same doore neyther was it the intent of this ex[aminant] to comitt any outraige against the pl[aintiff] & his brother, And he saieth that he remayned nere the said doore (but not otherwise indeavoringe then before to break or cutt downe the same) untill such tyme as the Maior of the said towne w[i]th div[er]s others of the inhabitants thereof came thither who pressentliefollowed thes ex[aminant] And he further saieth that at such tyme as the Maior of the said towne did in the towne hall examyne the mysdemeanor of the said pl[aintiff] to the best of his remembrance he said unto Mr Delavale that he was glad that it fell out that it was his sonne Randall Fenwicks fortune to meet w[i]th them as he did, for if Lyonell Fenwicke had mett w[i]th them he feared it would have bene worste w[i]th them, but he saieth that he did not to the best of his memorie say that Lyonell Fenwick was Laid for them, And the speaches by him this ex[aminant] Last before referred he was moved to say & thinke rather for that he had credibly hard that Lyonell Fenwicke was of a quicker spiritt & thereby the likelyer not to have taken in so good p[ar]t any unlawfull resystance w[hi]ch should have bene maid to him if he had bene in Randall Fenwicks place but this ex[aminant] saieth that he did not knowe before their repaire to Newcastle that daie that the said Randall Fenwick w[i]th the others in the said interrogatorie named ment to assault the pl[aintiff] and his said companye & more (then before to this interrogatorye and the other interrogatories before menconed he haith deposed) he doth not know nor can depose././



The answer of Robte Woodrington:

The Annswer of Robte Woodrington one of the defts unto the Bill of Compl[ain]t of John Delavale Compl[ainan]t./


3 Maij. Ao 33. Elizabeth Regn.. Willm Mill.


The said deft to asmuch as conc[er]neth hymself answereth and sayeth first as to any ryotte rowte unlawefull assembley or any other outragious acte examynable in this honourable Corte that he is not giltie of them nor of any of them And for further answer and declaracon of the truethe he the said deft saieth that the said Bill of Complt exhibited into this honorable Corte against the nowe deft is of more malice for the vexacon and trouble of the said deft w[i]thout any iust cause or reason so to doe Thadvanntage of exception to the insufficiencie of the said Bill of Complaynte unto the said defte at all tymes saved And for further answer and declaracon of the trueth he the said defte sayeth that he the said defte abouts the said xxth day of Januarie last past as in the said bill of complaynte is surmised he the said deft was appoynted together w[i]th div[er]se his frends and also he the said Effrayme Woodrington and the said Dente menconed in the said bill beinge also w[i]th the said defendant and div[er]se gentle women wheras they beinge soe together were taking their Journey of pleasure to see the runninge of the horses nothinge lesse in mynde or purpose the.. to meete w[i]th the said complaynant But as he the said deft w[i]th his said compeny were travellinge some p[ar]tie distance from the said towne of Neewcastell they might decerne Reynald Fenwicke one other of the defts menconed in the said bill cominge rydinge towardes them and uppon his approching neere unto them he used theise wordes or to that effecte Srs I have a warrant from the sheref of the countie of Northumberlande for the attachinge of one Reynald Heren menconed in the said bill and that I have meete w[i]th hym by the waye and havinge my warrante w[i]th me I have arrested hym but that the complaynante together w[i]th Peter Delavale his brother have w[i]th stronge hande rescued hym awaie from me & he is escaped and they have also taken and dryven my horses away from me, And therfore he prayed o[u]r ayde for their ap[re]hension wherunto for aydinge of hym in her Ma[jesties] s[er]vice he the nowe deft rather assented, for that he hath of longe tyme knowen the said Fenwicke the other deft to be of good reconinge and also the nowe deft remembringe hym self how that he had harde that the said Mr Fenwicke the then sheref hade made a warrante for the app[re]hencon of the said Reynald Heren soe menconed in the said bill directed unto the said Rondell Fenwicke the other deft and that also there were many other matters to be layed to the chardge of the said Heren if he could be app[re]hended. Soe that he the nowe deft rydinge w[i]th the said Rondell Fenwicke and the rest of the said companye menconed in the said bill the nowe deft not beinge well able to travell stayed behynde and came after at leasure and as he was rydinge he the nowe deft founde the horses of the said Rondell Fenwicke the other deft and stayed them and afyer that he had founde theise horses followed after the said Fenwicke w[i]th his said horses and w[i]thin half a myles rydeinge he the said Fenwicke the deft w[i]th the said Effryme Woodrington came backe agayne w[i]th the said Complt and upon their cominge the said complaynante beinge in their company he the said Rondell Fenwicke the other deft toulde the nowe defendante that Heren was gone and that he hade stayed the nowe complaynante upon w[hi]ch speeche he the nowe defendante used nor affered any violence nor as muche as any yll worde unto hym but in a shorte tyme after in the like peaceable maner dep[ar]ted from them w[i]thout that, that the nowe deft was of any p[re]tended malice assembled w[i]th the said Rondell Fenwicke or others menconed in the said bill w[i]th any unlawfull wepones arrayed or that, that the now deft sep[ar]ated hym self w[i]th others to secreate places or lay in Ambushes nere the waye that the said complaynante or Peter his said Brother or the said Heren were to passe to assist the said Fenwicke the other deft in any outrage as he mente to attempte against the said complaynante or his company And w[i]thout that, that the nowe deft did p[ur]sue or followe the said complaynante together w[i]th the said Rondell Fenwicke the other deft or that that the nowe deft in her ma[jesties] highe waye in Riotous or rowtous manner together w[i]th the other defts or in any other sorte assaulted or sett upon the said complaynannte woundinge beatinge or evill intreatinge of hym the said complaynante And w[i]thout that, that ther is any other matter or thinge matteriall menconed in the said bill of complaynte touchinge the nowe deft and not in this answer sufficiently answered confessed trav[er]sed or denyed ys true, all w[hi]ch matters the nowe deft for his p[ar]te ys ready to averre and prove as this honorable [Courte] shall awarde, And prayeth to be dismissed w[i]th his reasonable costs and chardges for his wrongfull vexacons herein susteyned.



The answer of Randell Fenwicke:

3 Maij Ao 33 Elizabeth Reg... Willm Mill


The answer of Randell Fenwicke one of the defendants to that untrue enformacon or bill of Complaynte of Josua Delavale complaynante./


The said defendant forasmuch as conc[er]neth or toucheth hym self answereth and sayeth, first as for any riott rowte unlawfulle assemblie or any other misdemenor examinable in this honorable Courte or any other offence tendinge to the dirrogacon infringement or opposicion contrary to her ma[jesties] good and godly lawes he answereth and sayeth that he is not giltie of them nor of any of them, And for further answere and declaracon of the truthe unto the said surmised informacon or untrue bill exhibited unto this honorable courte against the said defendante, he sayeth that yt is exhibited altogether of malice and especially by way of p[re]vencon p[re]tendinge therby to the excuseinge of him the said complaynante and others his complices of their fowle and unlawfull accons as by the sequell of the answer of this deft shall and maye app[er]e for he the said defendante sayeth that before the tyme of the suppossed misdemenor as in the said bill of Complt is most untruely sett downe one William Fenwicke esquire then beinge sheref of the countie of Northumberlande and about the said tyme of the xxth daie of Janu[ar]ij menconed in the said bill of complaynante last past he the said sheref beinge of the towne of Neewecastell and about her ma[jesties] s[er]vice, and the said Rondell Fenwicke the defendante beinge a m[er]chiante and dwellinge in the said towne of Neewecastell & of whome he the said sheref had great confidence and beinge w[i]th the said sheref, he the said sheref disclosed and toulde to the said deft that he had proces against the said Reynald Heren menconed in the said bill of complt and other occasions against the said Heren if that he could be app[re]hended And the said Mr Fenwicke the sheref not knoweinge how to have hym taken for the said Heren lurked and kepte hym self in secrete places and also was protected by div[er]se in the said contrye that he the said sheref was voied of hope of his app[re]hension excepte he the said defendante by hym self or some of his Frends as occasion s[er]ved would be vigilante and put their helpeinge handes for the takeinge of hym the said Reynald Heren And the said deft beinge a m[er]chante & whose credite ys well knowne in the said towne of Neewecastell and ellse where amongest the chefeste and not beinge accustomed to prosecute men in arrest, But by beinge & contynuing in peaceable sorte as a m[er]chante, yet neverthelesse the ymportnnacye of the said Mr Fenwicke the then sheref was such & for that he would & was charefull to have her ma[jesties] proces executed p[re]vayled w[i]th the said deft for the accepting of his warrante for the app[re]hendinge of the said Heren as tyme and oppotunitie should p[ro]ve And accordingly he the said sheref made his warrante under his hande (and accordinge to the course of the lawe as this defendante hopeth) for the app[re]hencon of the said Heren as by the said warrante more at lardge yt doth and maie appeare, And after that he the said defendante had receyved the said warrante as aforesaid he the said defendante the [?said?] xxth daye of Janu[ar]y as in the said bill of complaynte is sett furthe goeinge towardes the towne of Lytle Benton in the said countie of Northumberlands beinge distante from Neewcastell a two myles or therabouts in w[hi]ch towne the said deft hath a farme whither unto he doth usually repayre And the said deft as he was goeinge towardes the said towne and haveinge one of his men w[i]th hym not beinge otherwise weponed but as usually arrayed and fytt for travellers and was but w[i]th rap[er] and dagger and his man his sworde and daggar as this defendante remembreth and passinge towards the said topwne as aforesaid in her ma[jesties] highe way by channche meete w[i]th the said Reynald Heren the w[hi]ch Heren w.. then accompanyed w[i]th the said Josua Delavale the complaynante and Peter Delavale brother unto the said complaynante menconed likewise in the said bill of complaynante And upon the said sudden meatinge he the said deft remembringe the former care of the then sheref touchinge the app[re]hension of the said Heren And the said deft haveinge w[i]th hym the said warrante drewe neere unto the said Reynald Heren and knoweinge the said Heren to be the p[er]son that by his said warrante he was to attache and tould to hym the said Heren Sr. I have a warrante from the sheref of the said countie of Northumberlande and by vertue of the said warrante I doe arrest yow holdeinge the said warrante in his hande and offerringe to the said Heren that he the said Heren might reade yt in the hands of the said defendant upon w[hi]ch woords used by the said deft unto the said Heren he the said Heren pritlye unmounted and came of from his horse backe and drewe out his sworde and holdinge yt in one of his handes and haveinge a pistolle in the other hande and as this defendante thinketh yt was chardged w[i]th a bullett and soe in outragious order would not obey the said arrest but ready to dischardge his said pistoll (as in shewe) in the bossome of the said defendante. upon w[hi]ch occasion the said deft and in his owne defence drewe his rap[er] and daggar and the said Heren therupon w[i]th drewe hym self betwext the said Josua Delavale and the said Peter Delavale menconed in the said bill of complaynte and the said deft p[er]suinge the said arrest againste the said Heren, The said complaynante Josua Delavale and the said Peter Delavale in most unlawfull order and w[i]th their swords drawen rescued the said Reynald Heron from the said deft as also he the said complt confesseth in his said bill of complaynte Soe that he the said Heren escaped awaye and when the said deft was to take his horse both for the safftie of his owne lief by reason of the wroth and outragious anger conceaned by the said complaynante and the said Peter Delavale against the said deft for enterp[ri]singe to make an arrest upon the said Heren in their compenye, But the said defts horse beinge p[ar]tely hurte and also taken away by the said complt or by the said Peter his brother soe that the said deft could not take hym, But he the said deft p[er]ceavinge howe that in yll p[ar]te the said complaynant and his brother tooke yt (wheras in truth there was noe cause of offence to be taken by the said complt or his brother for the said arrest, but the said complt and his brother multiplinge and gevinge words of threts unto the said defendant that he the said defendt for his owne saftie was inforced to take the said Herons horse w[hi]ch he hade for saken upon his foresaid escape and ride awaye w[i]th that speede he coulde towards Neewecastell and glade he was that he hade soe escaped w[i]thout any more hurte And as he the said defendante was rydinge towards Neewecastell backe againe upon the said waye he meet w[i]th the said Robt Woodrington menconed in the said bill of complaynte accompayned w[i]th Effryme Woodrington his brother and Robt Dente likwise menconed in the said bill of complaynte and repayreinge unto them he desired them in her ma[jesties] name to be aydinge and asistante unto hym declaringe unto them howe that he hade arrested the said Reynald Heren by vertue of a warrante from the said sheref and that he the said Heren by violence and by the rescus of the said complaynante hade escaped from hym the said defendante affirmeinge that he knewe not how farre yt touched hym self And therupon they the said Robert Woodrington Effrime Woodrington and Robert Dente answered that they were well contented to doe any thinge that were fytt for their app[re]hension and accordingly Effryme Woodrington accompayninge w[i]th the said defendante and p[ar]tely rydinge before the said Robert Woodrington and Dente and levinge them behynde, the said deft w[i]th the said Effryme a three quarters of a myle distante offe meete w[i]th the said Josua Delavale the said complt: and when they had meete w[i]th hym and in peaceable manner he the said Rondell Fenwicke one of the defendants sayed unto the said Complte Cozen Josua Delavale you knowe not what you have done meaninge in the rescinge of the said Heren nor I knowe not my self how farre this maye touche me. And therfore Lett me entreat you to goe w[i]th me for excuseinge of me and your self unto the said sheref alledginge unto the said complt: that the said Mr Fenwicke the then sheref for the said countie of Northumberlande was as the said Rondell Fenwicke the deft thoughte at Neewe Castell and accordingly they travelled towards Neewcastell and when they were come into the towne he the said complt went into his Inne as in the said bill of complaynte is sett downe, and afterwardes he the said Rondell Fenwicke one of the defts came altogether unweponed haveinge his said man attendinge one hym and reapieringe unto the said Inne menconed in the said bill and answer where the said complt was and then in his compeny also Peter Delavale his said brother and one [blank] Rames of Bolam and also one [blank] heren cozen unto the said Reynald Heren and div[er]se other p[er]sons unto the said Fenwicke the deft unknowne And upon the cominge of the said Fenwicke the deft as aforesaid unto the said complt as aforesaid and ent[er]inge in speach touchinge the p[re]misses he the said complt: w[i]th the said Peter Delavale his brother and others their like desp[er]ate associattes groweinge in outragious termes w[i]th the said deft in most desp[er]ate sorte w[i]th [?pute?] violence fell upon the said deft and his said man that w[i]th their assaulte and contynuall beatinge that they ... almost depryved them of their lyves if speedy remedye had not comen w[i]th the said Mr Shelby beinge a Justice of peace of the said towne of Neewecastell and especially by the repayre of the Maior of the said towne whereupon and before the cominge of the said Maior he the said complt w[i]th his riottous adherre[n]ts inclosed and shute them selfves in the said Inne beinge the howse of the said Grace Armorers as in the said bill is likewise sett downe and ... said Maior beinge her Ma[jesties] Lieutenante of the said towne of Neewecastell and by vertue of his auctoritie comanndinge the said complt w[i]th his said brother and the said deft w[i]th Lyonell Fenwick ... ... unto the said ... menconed in the said bill to kepe her Ma[jesties] peace and ...... them accordingly the wh[i]ch ....................................................... Fenwicke ..tendinge ... ... w[i]th the said Reynald Heren did assemble or gather unto hym self the said Robt Woodrington Effryme Woodrington Robert ................................................... ...... p[er]sons armed p[re]pared or arrayed w[i]th sworde daggars longe staffes or other wepons Invasive or defensive as in the said bill of complt is untruely suggested and surmised or that, that the said deft w[i]th any his compl... or companye did devide and sep[ar]ate them selves into a[mb]ushes or into secreat places neere to the way throughe w[hi]ch he the said complt w[i]th the said Peter his brother and the said Heren should passe to assiste or ayde hym the said Fenwicke the deft in any outrage as in the said bill is likwise untruely sett downe, And w[i]thout that, that the said Rondell Fenwicke the deft espieinge the said complt: w[i]th his said brother and the said Heren together w[i]th the said Shawe s[er]vante unto the said deft armed or p[re]pared as aforesaid or upon the meetinge then and ther in riottous and unlawfull maner did forstall or assaulte the said complaynante the said Pet.. Delavale or the said Reynald Heren, But in peaceable maner approached unto the said Reynald Heren for his arrest in maner and forme as aforesaid in this his said answere hath truely declared or that that the said deft on the demandinge of the viewe of his said warrante .. denyed to shewe yt unto the said complt or unto the said Heren as likwaise he the said deft in his said answere hath truely answered or that that refuse... to shewe his said warrante did furthw[i]th drawe his sworde or dagger or the said Shawe other wise then his owne defence and safftie as he the said deft likwise in his said answer hath most truely sett downe And ..thout that, that the said Rondell Fenwicke the deft did ..estsonnes returne to the place where the said Dente, Robert Woodrington, Effryme Woodrington or to others of any former purpose lyeinge in Ambushe or ...tly, but as by channce he meete w[i]th them as before in his said answer he hath truely declared or that, that by the procurment of hym the said Fenwicke they did in riotous maner followe the said complt or that overta[king]e the said complaynante did then and there in her Ma[jesties] highe waye in most riotous or rowtous maner assalte or sett upon the said Complt woundinge beatinge or otherwise medleinge w[i]th the said complaynant but w[i]th peace[able] wordes intreatinge the said complaynante as aforesaid to returne unto Neewecastell unto the said highe sheref unto w[hi]ch he the said complt: then assented unto w[i]thout that, that the said complt: beinge broug[ht] unto the said towne of Neewecastell that he the said deft upon the refusall of the said complt: to goe to the howse of the said deft where he hade lefte the said sheref did againe sett upon the said complay[nante] in the said towne of Neewecastell or that, that in any assaulte they would have murthered the said complaynante or his said brother as in the said bill of complt: is most falsely suggested And w[i]thout [that,] that the said Rondell Fenwicke one of the said defts or his adherents knoweinge that the said complaynante or his said brother as in the said bill is declared. did assemble them se[lves] the said Lyonell Fenwicke and the said Mr Selbye or therupon did in any riotous order repaire unto the said Inne where the said complt: was w[i]th his said Brother or would have entred the said howse [in] any riotous or disordered maner as in the said bill of complaynte is likwise most faulsely sett [d]owne & declared. And w[i]thout that, that there is any other matter or thinge matteriall menconed in the said bill of compl[ay]nte and not in this answere sufficiently confessed trav[er]sed or denyed as true all w[hi]ch matters the said [de]fendant forasmuch as conc[er]neth hym ys ready to averre and prove as this honorable court shall awarde and ....yeth to be dissmised w[i]th his reasonable costs and chardges for his wrongfull vexacons in this ..... susteyned