STAC 5/L18/8

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Court of Star Chamber:

Raphe Lawson v Robte Mitford, Parcivall Harbottell, Oswold Harbottle, James Sandeland als Clarke & Nicholas Blaykett

Transcript: Dave King


Bill of Complaint, dated 15 September 42 Eliz:

Martis xvth die Septembris Anno xlij Eliz ..... Willm Mill

To the Queenes most excellent Ma[jestie]

In most humble wise Compleyninge sheweth unto your most excellent Ma[jestie] your most faithfull & obedient subiecte Raph Lawson of Brough in your highnes countie of York Esq That whereas the laite Kinge of famous memorye Kinge Henry the eight was lawfully seized in his demeasne as of fee in right of his highnes crowne of England of & in the mannor & Lordship of Byker in the countie of Northumberland wherof one more called Bycar Moore is & tyme out of memory haith beene p[ar]cell & so beinge therof seized by his Graces l[etters] patentes under the greate seale of England bearinge date at Westminster the sixte day of Julie in the five & thirteth yeare of his Ma[jesties] late raigne reddye to be shewed did give grante bargaine & sell the said mannor of Bykar togeather with the said moore called Bykar Moore & all & singular other the p[re]misses with thapp[ur]tenances to the same belonginge unto one James Lawson grandfather unto your highnes said subiecte his heires & assignes for ever By force wherof the said James Lawson entered into the said mannor & into the said moore to the same belonginge & was therof Lawfully seized in his demeasne as of fee & so beinge therof seized peaceablye & quietly occupied & inioyed the same mannor & moore without any lett or interrupcon of any p[er]son or p[er]sons & dyed therof so seized By and after whose death the said mannor moore & p[re]misses discended & came as the same of right ought to discend & come unto one Edmond Lawson sonn & heire of the said James by force wherof the said Edmond entered & was therof seized & the same quyetly inioyed durynge all his lyfe tyme & dyed therof soe seized by and after whose death the said mannor & p[re]misses discended & came to James Lawson as sonn & heire to the said Edmond which said James was therof allso seized & dyed therof so seized without yssue of his bodye by and after whose death the said mannor & p[re]misses discended & came & of right did discend & come to your said subiecte as brother & heire of the said James By force wherof your said subiect entered & haith ev[er] since the death of the said James peacably and quyetly occupied & inioyed the same & haith beene in peaceable & quyet possession therof by the space of sixteene yeres last past & hee & his said anncestors have ev[er] sithence the grant made by the said Laite kynge quyetlie occupied & inioyed the p[re]misses without any manner of lett or in[terr]upcon of any p[er]son or p[er]sons And your said subiecte so beinge seized beinge p[er]swaded that there was sea coles to be gotten in the said moore haith of late tyme to his very greate costs & chardges digged suncke & made cole mynes in the said moore & there haith gotten & is like to get great store of sea cole to his greate p[ro]fitt & to the greate good of the common wealth for that the said moore doth lye neare & adioyne to the water of Tyne And wheras in the p[ar]lament houlden at Westminster in the two & thirteth yere of the late Kinge of famous memory Henry the eight it was enacted that no p[er]son or p[er]sons of what estate degree or Condicon soev[er] hee or they bee should from thence foorth bargaine buy or sell or by any waies or meanes obteyne get or have any p[re]tensed rightes or tytles or take p[ro]mis grante or covenante to have any right or tytle of any p[er]son or p[er]sons in or to any mannors landes ten[emen]tes or hereditamentes but yf such p[er]son or p[er]sons which shall soe bargaine sell give grante covenante or p[ro]mis the same there antecessors or they by wh[ome] hee or they claime the same have beene in possession or of the same or of the rev[er]sion or remainder therof or taken the rents or p[ro]fitts therof by the space of one whole yeare nexte [be]fore the said bargaine covenant grante or p[ro]mis made uppon payne that hee that shall make any such bargaine saile p[ro]mis covenante or grante to forfeite the whole value of the landes tenementes or hereditamentes so bargained sould p[ro]missed covenanted or granted contrary to the forme of the said acte & the buyer or taker therof knowinge the same to forfeite also the value of the said landes ten[emen]tes or heredytamentes so by him bought or taken as is afforesaid: as in and by the said statute more plainly doth or may appeare so it is yf yt may please your most excellent Ma[jestie] that one Robte Mitford of Sughill in the said countie of Northumberland Esqr nothinge at all regardinge the said acte or penaltie therin conteyned p[re]tendinge to have some ryght tytle or interest in or to the said mannor of Bykar & the said moore Called Bykar moore haith the xxijth day of September in the one & fourteth yere of your highnes reigne demysed granted & to farme letten p[ar]cell of the landes ten[emen]tes & hereditamentes belongynge to the said mannor of Bykar & also one of the said Cole pittes or Colemynes in & uppon Bykar Moore aforesaid so suncke & woonn as afforesaid by your said subiecte to one Parcivall Harbottell of Ravenswoorth in the countie of Durham To have & to hould the said ten[emen]tes with thapp[ur]tenances to the said Parcyvall & his assignees from the feast of St Bartholomewe the apostle then last past untill the end & terme of five yeres from thence nexte & immediatlie ensuinge fully to bee complete & ended which said Parcivall well knowynge that your said subiecte was then & by the space of fourteene yeres before had beene lawfully seized of the said moore cole myne & p[re]misses in the said Indenture menconed to bee demysed did acceipte take & buy the said lease & then did well knowe that neyther the said Robte Mitford nor any other by whome hee claymed the said p[re]misses hadd beene in possession therof by the space of one yeare or of many yeres then before & the said Parcivall by color of the said demise from the said Robte Mitford unto the said Parcivall Harbottell as afforesaid togeather with Oswoold Harbottell of Sighill in the countie of Northumberlande & James Sandiland als Clarke a scottishman s[er]vantes unto the said Robte Mitford & one Nicholas Blaykett in the same countie of Northumberland with dyvers other scotishmen borderers & Northumberland men, men whose names ar as yett unknowne to your said subiecte by the p[ro]curement of the said Robte Mitford & Parcivall Harbottell & to countenance the p[re]tended right tytle & estate of the said Robte Mitford & Parcivall did most Ryotouslie & in most riotous & unlawfull manner unlawfully assemble themselves togeather at Bykar Moore aforesaid the sixtenth day of October last past beinge armed with Jackes coates of plaite steele cappes & other armour & beinge weaponed with gunes pistolls Bowes & arrowes Lancestaves & then & there so beinge assembled they in most ryotous forcyble warlike & outeragious manner did at the same tyme ryotouslie & forciblie enter into the said moore & into one cole myne wrought & digged in the same by your said subiecte & there sett on c[er]taine of the said ryotous p[er]sonns brought for that purpose to digg & sincke colepittes in & upon the said moore called Bykar moore & when that your Ma[jesties] said subiectes s[er]vantes & other his frendes in quiett manner desyred them to s[ur]cease & leave of there forcible riotous & wrongfull doinges & to dep[ar]te & leave them in quiet possession of the p[re]misses to your said subiecte they not onely refused so to doe but greatly manassed & threatned such of your said subiectes frendes & s[er]vantes as requyred them soe to doe & with greate force & stronge hand in ryotous manner did drive & terrefie your said subiectes frendes & s[er]vantes so as for there owne safetye they were inforced to dep[ar]te leavinge the said ryotous p[er]sons to continewe the said wicked & ryotous misdemeanours Since which tyme that is to say in Hillary terme last the said Parcivall Harbottell the better to colour the said p[re]tended tytle of the said Robte Mitford haith comenced suite in your highnes court of Kinges Bench by accon of eieccone firme against Patricke Parnent John Weigh Thomas Conyngham William Lane & John Swanddoy your subiectes s[er]vantes therby alledging that they had wrongfully eiected him the said Parcivall of the p[re]misses so demysed as aforesaid which said unlawfull maintenance buying of tytles routs unlawfull assemblies forcible entries & other the misdemeanours aforesaid are & tend not onelie to the violacon & breatch of your Ma[jesties] lawes & statutes made and p[ro]vided against such Ryottes routes & such like misdemeanours and to the manyfest breach of your highnes peace & to the danngerous & evell example of such like Lewde & evill disposed p[er]sons in that p[ar]te of your realme where the people are for the most p[ar]te inclined to doe & comitt such outrages yf the same shall escape unpunished but are also to the utter losse & disinheryson of your said subiecte and to his losse and damage of CCCCCL In tender consideracon wherof yt may please your most excellent Ma[jestie] to grante your Ma[jesties] most graciouse writt of subp[ena] to bee directed to the said Robte Mitford Parcivall Harbottell Oswold Harbottle James Sandeland als Clarke & Nicholas Blaykett commandinge them and ev[er]ye of them therby at a c[er]taine day to be therin lymitted to bee and p[er]sonally appeare before your most excellent Ma[jestie] in your highnes most honorable court of Starrchamber then and there to answere the p[re]misses and to stand to such order touchinge the same as your highnes shall thinke meete and your saod subiecte accordinge to his bounden dewtie shall daylie pray for your most excellent Ma[jestie] in all happines longe to reigne [over] us


Answers of Robte Mitforde, Parcivall Harbotle & James Sandiland als Clarke, dated 13 November 42 Eliz:

.......... 13 Nov...... Anno 42 Elizabeth Regine Willm Mill

The Joint and severall Annsweres of Robte Mitforde Esquier Parcivall Harbotle and James Sandiland als Clarke three of the Defendts to the Bill of Complaynte of Raphe Lawson Esquier Complaynant

The sayd defendts saveing all advantage of Excepcon in the incertenty and insufficyencie of the sayd Bill of Complaynte w[hi]ch as these defendts verily thinke is only framed and devised of purpose to trouble and vexe these defendts and to putt them to great and excessive trouble charges and expences in the Lawe as well by longe travell as by chargeable defence of cawseles Suytes w[i]thout any iust color or occasion of Accon given him at all For Annswere thereunto they saye upon there Oathes as followeth And first the sayd Robte Mitforde for him selfe sev[er]ally saythe That to all the Ryottes Rowtes unlawfull assemblyes wearing or haveinge of unlawfull armor or weapons forcible Entryes terrifyeing of the Complaynantes servantes and frindes unlawfull mainteynance selling of any tytle haveing bene foorthe of possession contrary to the Statute and to all and every the other offences and misdemeanours in the sayd Bill conteyned layd to this defendts charge and examynable in this ho[norable] Courte he this defendt ys not thereof nor of any of them guiltye in suche manner and forme as in the sayd Bill of Complaynte ys alleadged. And for the more full and p[er]fecte manyfestacon of the truthe of the sayd matters conteyned in the sayd Bill of Complaynte and surmysed as offences he this defendt saythe That he this defendt is as he verily thinketh and hopeth to prove to this ho[norable] Courte lawfully seised of some Estate of inheritance of and in the Lordshipp or Mannor of Hetton w[i]th thappurtenances in the County of Northumberland and of all the Demesne landes wastes Moores and Commons lyeing w[i]thin the said Mannor and Lordshipp of Hetton aforesayd and allso of and in one great waste moore or Common called or knowne by the name of Hetton Moore als Walker Moore whereof one p[ar]cell is called and knowne by the name of Hetton Banckes and divers other p[ar]tes are called or knowne by divers sev[er]all distinct names, and this defendt and his anncestors and those whose estate he hathe in the sayd Mannor or Lordshipp of Hetton and there Fermors have had the possession of the sayd moores and wastes in suche sorte as men use to have possession of wastes and moores w[hi]ch doe lye open and uninclosed That is to say by depastureing and feedeing of there Cattell Sheepe and other goodes and by diggeing of Stones quarrells Turfes and getting of Brakens and suche other profittes as mooreishe grownde was then knowne to yeald, And this defendt and his Anncestors being thus lawfully seised as aforesayd the Complaynant would now in regarde of Coales that are fownde w[i]thin the sayd waste grownde called Hetton Banckes extende the wastes of the mannor or p[re]tended mannor of Byker into this defendts wastes and moores of Hetton and p[re]tendeth this defendts sayd waste grownde called Hetton Banckes and divers other p[ar]tes of Hetton Moore to be p[ar]te and p[ar]cell and belongeing to his supposed Mannor of Byker and to be called Byker Moore and the Complaynant being a man of great Counteynance lyveing and kinred and yet very neare of kinne to this defendt did commence a Suyte abowte Five yeares agoe before her Ma[jesties] Counsell established in the North p[ar]tes against this defendt for the tytle of the sayd waste grownde and moore now in question then intytleing himselfe [ther]eunto by the name of Byker Moore whereunto this defendt appeared and annswered makeing tytle thereunto as p[ar]te of Hetton Moore or Hetton Banckes [in] w[hi]ch Suyte divers wittnesses were examyned and the matter there p[ro]ceaded to a heareing and upon the heareing thereof the Eleaventh day of December in the xxxixth yeare of her Ma[jesties] raigne for the dowbtes that did then appeare to that Courte the matter was dismissed to be tryed at the Common Lawe and the possession ordered w[i]th the now Complaynant untyll he should be evicted by the Common Lawe, and least the now Complaynant should delay the Tryall there was a [?Course?] sett downe for the speedy tryall and yt was ordered that the Complaynant should putt in sufficyent securety to abyde the order of the sayde Courte for the m...ne profittes of the sayd grownd and Colepittes in case the tytle upon the tryall at the Common Lawe should fall foorthe against the now Complaynant as by the sayd order heare ready to be shewed to this honorable Courte whereunto this defendt for more certainty referreth himselfe more at large yt doth and may appeare Sithence w[hi]ch order and for the evicteing of the now Complaynant this defendt did heretofore make a Lease of the sayd was[te] grownde called Hetton Banckes unto one Randall Fenwicke for certein yeares of purpose to try the tytle at the Common Lawe against the now Complaynant and this defendt did bringe an Eieccone firme at the Common Lawe against the sayd Complaynant or against his undertenantes servantes or Fermors, whereunto the Complaynant or they or some of them appeared and pleaded not guilty and thereupon the sayd matter proceaded to issue and should have bene tryed at the Assises holden at Newcastle for the County of Northumberland in the one and Fortyeth yeare of her Ma[jesties] raigne at w[hi]ch Assises the sayd tryall did not then proceade for that the then defendt did make challenge to the then Sheriffe of that County for that he was of kinred to this defendt whereby the array of the ympannell was quashed And this defendt further saythe that abowte or upon the xxijth day of September in the one and Fortyeth yeare of her Ma[jesties] raigne after the ende expiracon or Surrender of the former lease he this defendt did make another Lease of all that moore and grownd called or knowne by the name of Hetton Moore or Walker Moore in Hetton in the sayd County of Northumberland and allso of all that p[ar]cell of grownd called Heton Banckes in Heton aforesayd, and of all the Colemynes and Cole Pittes in Hetton Moore and Hetton Banckes aforesayd or in either of them, and of all and ev[er]ye the Soughes water pittes and other there appurtenances to the sayd Cole mynes of Cole pittes in any wise app[er]teyning to the sayd Parcivall Harbotle annother of these defendts for the terme of Five yeares from the Feast of St Bartholemew the Apostle last past before the makeing of the sayd lease w[hi]ch was for Tryall of the tytle at the Common Lawe and to evict the Complaynant as this defendt thinketh he hathe iust Cawse and lawfully may doe and this defendt dothe prosequute the Accon in the name of the sayd Parcivall Harbotle as well and lawfull is for him to doe, And this defendt did enter and sealed the sayd lease in quiett and peaceable manner w[i]thout violent forcible or ryotous disturbeing of any or w[i]thout haveing any there but suche as came in quiett sorte and were fytt or necessary wittnesses to prove the sealeing and delivery thereof. And this defendt further saythe That the now Complaynant did heretofore upon this defendts makeing of the former Lease exhibyte the like Bill into this ho[norable] Courte against this defendt and the sayd Randall Fenwicke to whom the sayd former Lease was made and divers others, whereunto this defendt and Randall Fenwicke annswered and the same dothe as yet remayne in this Courte undetermyned whereby it may playnely appeare that th[is] Course taken by the Complaynant is done of purpose to vexe and trouble this defendt and to make him unable by multiplicitie of chargeable suites to try his tytle. And the sayd Parcivall Harbotle annother of these defendts for him selfe sev[er]ally saythe That to all the Ryottes rowtes unlawfull assemblyes weareing or haveing of unlawfull Armor or weapons forcible Entryes terrifyeing of the Complaynants servantes and frindes unlawfull mainteynance buying of any tytle and to all and ev[er]ye the other offences and misdemeanors in the sayd Bill conteyned layd to this defendts charge and examynable in this ho[norable] Courte he this defendt ys not thereof nor of any of them guilty in suche manner and forme as in the sayd Bill of Complaynte is alleadged. And this defendt further saythe that upon or abowte the xxijth day of September in the xljth yeare of her Ma[jesties] raigne the sayd Robte Mitforde one of these defendts did make a lease of the sayd moore & grownde called Hetton Moore or Walker Moore, And of ye grownd called Hetton Banckes in Hetton aforesayd and all ye Colemynes and Cole pittes in Hetton Moore & hetton Banckes unto this defendt for Five yeares of purpose to trye the tytle at ye Common Lawe, and this defendt did enter by force thereof in quiett manner w[i]thout violent forcible or ryotous disturbeing of any or being riotously disturbed and hathe thereupon commenced an accon at the Common Lawe against one Pattricke Parnente John Weighe Thomas Coningham Willm Love and John Swaddie or some of them for entering into the sayd waste growndes called Hetton Banckes and dispossessing this defendt w[hi]ch sayd grownde or moore the now Complaynant p[re]tendeth by his Bill to be called Biker Moore w[hi]ch if it be soe called and be noe p[ar]cell of ye mannor or lordshipp of Hetton then hathe ye now Complaynant noe caawse at all to commence this Suyte against this defendt being in noe danger to receive any p[re]iudice by the sayd Suyte at ye Common Lawe And the sayd James Sandiland als Clarke annother of these defendts for himselfe sev[er]ally saythe That to all the Ryottes rowtes unlawfull assemblyes weareing or haveing of unlawfull Armor or weapons forcible Entryes terrifyeing of the Complaynants servantes & frindes unlawfull mainteynance and to all and ev[er]ye the other offences and misdemeanors in the sayd Bill conteyned layd to this defendts charge and examynable in this ho[norable] Courte he this defendt ys not thereof nor of any of them guilty in suche manner & forme as in the sayd Bill of Complaynte is alleadged. And this defendt saythe that he was a wittnes of the sealeing of the sayd lease to Parcivall Harbotle and p[re]sent at the Entrye being then attending upon the sayd Robte Mitforde his M[aster] and not otherwise weaponed then w[i]th his sworde & dagger wherew[i]th he usually rideth and there was noe disturbance violent or ryotous resistance to this defendts knowledge And all these defendts further say w[i]thout That That any other matter or thinge in the sayd Bill conteyned materyall to be annswered unto and layd to these defendts or any of there charges and examynable in this ho[norable] Courte and herein not sufficiently confessed and avoyded trav[er]sed or denyed ys trew All w[hi]ch matters these defendtsare ready to [averr and] prove as this ho[norable] Courte shall awarde and humbly pray to be dismissed w[i]th there reasonable charges hereby most wrongefully Susteyned

Richard Hutton