STAC 5/L22/16

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Court of Star Chamber:

Ralph Lawson v Randal Fenwicke, Roberte Fenwicke, Lyonell Fenwicke & Oswald Fenwick

Transcript: Dave King


Contents

Interrogatories:

................................ 1595

Interr to be mynistred unto Randal Fenwicke Roberte Fenwicke Lyonell Fenwicke & Oswolde Fenwicke defts at the suyte of Rafe Lawson Complt

Imprimis whether doe you knowe the Mannor of Byker w[i]thin the Countie of Northumberland yea or noe yf yea howe long and in whose possession have you at any tyme knowne the same

Itm doe you knowe a certen moore or waste grownde called Byker Moore to the same mannor belonginge yea or noe and whether doe you knowe howe farre the sayd moore doth extend yt selfe & the meates and bowndes thereof & of what growndes or other common doth yt abutt & whether doe you knowe in whose use and possession by any tyme or tymes past and what comodytyes doth the same moore yeld unto the owner and possesser thereof and whether hath not the Co..... and his annsestors whose righte he hath in and to the sayd moore taken in cattell .... the Inhabitantes thereaboutes and others for a certen pryce according to the tyme of theire aboade to feed and depasture in the sayd moore called Byker Moore w[hi]ch have soe .... & contynued in the same moore and hath not the Complt and his anncestors whose righte the Complt hath in the sayd moore digged suncke and wrought cole mynes & cole pittes in div[er]s and sondery places w[i]thin the sayd more and the profittes therof or the moste p[ar]te therof taken and enioyed to his and theire use from tyme to tyme at his and theire pleasure

3 Itm whether have not Roberte Metford and Henry Mettford or one of them made unto you or any other the defts or any other to your use any estaite or estaites lease or otherwyse of and in the sayd moore or of and in any p[ar]te or p[ar]cell therof or comonly reputed taken or knowne as p[ar]te or p[ar]cell therof by any other name or names then by the name of Byker Moore or by the name of Byker Moore or p[ar]cell therof yea or noe yf yea then what estate or lease by what name and by what righte or interest of theare or eyther of theire owne have they or eyther of them soe done declare and expresse c[er]tenly what estaite or righte the sayd Roberte or Henry or eyther of them have or doe challendg therein as you knowe, and whether have not you by cullor or p[re]tence of the said estaite or lease soe unto you by them made or otherwise entered uppon p[ar]cell of the sayd more called Byker Moore or comonly reputed or taken as p[ar]te or p[ar]cell of the sayd moore soe called or in and uppon the confynes borders or lymittes therof w[hi]ch hath bin contynually used or occupyed and enioyed by the sayd Complt and his anncestors and there by your self or frendes or servanntes digged and sunke Cole pittes and mynes for coles yea or noe and whether have not the sayd Robert Metford and Henry Metford or eyther of them made unto you or any other by your knowledg wherunto you are pryvye confederate or consenting any suche estate or estates of any p[ar]te p[ar]cell bordor or confyne of the sayd moore by any other name or names then by the name of Byker Moore w[hi]ch hath bin heretofore used occupyed and enioyed by the said Complt & his sayd anncestors and of such p[ar]te or p[ar]cell of the sayd waste grownde or such bordors & confynes therof lymiting or adioyning ther unto as hath not byn in the possession of them the sayd Robte and Henry Mettford or eyther of them or by them whose righte they seeme to clayme by the space of one whole yere Laste past before theire sayd demyse grannte or lease soe unto you made yea or noe

4 Itm have not you by coloure of such a grannte lease or suche estate therof as afore recyted entered in or uppon any p[ar]te or p[ar]cell of the sayd moore w[hi]ch hath bin soe in the possession of the sayd Complt and not in the possession of the sayd Roberte and Henry Metford or of eyther of them by the space of one whole yere nexte before the sayd grannte by them made as aforesayd

5 Itm did not you or some other by your meanes or p[ro]curemente in or aboutes the nyth tenth eleventh and twelvth dayes of December last past by color of the sayd your p[re]tended estate or lease enter in and uppon the sayd more or of any p[ar]te lymitt or bordor therof w[hi]ch hath bin in the use and occupacon of the Complt and his anncestors or theire assignes and not in the possession or occupacon of the sayd Roberte and Henry Metford or eyther of them by the space of one whole yere last before the sayd dayes of December to digge sincke or worke cole mynes in or uppon any such p[ar]te or p[ar]cell lymitt or bordor of the same moore yea or noe yf yea howe many p[er]sons did you sett on worke at once or did then there come w[i]th you by whose direction & appointm[en]t and at whose request did they soe come what were theire names & what weapons or armor had they or any of them abowte them, whether were all such p[er]sons as there came w[i]th you Laborers and such as were usually accustomed to woorke at syncking and digging of pittes for cole or howe many of them were Laborers and of what condicon and sorte were the reste w[hi]ch did soe enter w[i]th you or by your appointm[en]t at the same tyme?

6 Itm whether were not there div[er]s and sondery others by your direction p[ro]curem[en]t or assente w[hi]ch lay in ambushm[en]t and in scouting places w[i]thin the sayd moore where into you entered or in places neere adioyning to the same for to ayd and assiste you or your workmen yf neede were w[hi]ch p[ar]ties were furnished w[i]th armor & wepens howe many were there of them what were theire names and of what condicon were they and what weapons and armor had they and did they not execute some unlawfull acte accordingly by coming furth at a becke taken signe or crye & did they not assiste those that came & had forcibly entered w[i]th or for you & resiste the complts servantes & sore wound and beate them

7 Itm what busines had you and Lyonell Fenwyke Oswold Fenwyke & John Fenwyke at Jesmond at such tyme as you mention and sett downe in your annswer that you were there w[i]th the sayd p[ar]ties & whoe broughte you word to the place where you were that your workmen were soe wownded as you have sett downe in your annswer or by what other meanes had you knowledge therof

8 Itm what p[ro]ffitt have they the sayd Robert and Henry Metford or eyther of them at any tyme w[i]thin one yere before the sayd grannte or estate made unto you to there owne use receaved of the p[re]misses nowe in question?

9 Do you not knowe or in your conscience thinke the said p[ar]cell of moore grownd soe entered uppon by the said Metfords and theire said Assignes or by your self & other your Company soe entered uppon as aforesayd to be p[ar]te of the said moore called Byker Moore and not to be called reputed or knowne by the name of Heton Bankes or belonging to the sayd Mannor of Heton as any p[ar]te p[ar]cell or member therof?

10 Itm whether doe you knowe the lordshipp or mannor of Heton in the County of Northumberland and whether doe you knowe what wastes & moores doe belong to the same and howe farre they doe extende and uppon whose growndes and wastes they doe abutt and by and whether doe you knowe any m..ses or devysion betweene those moores belonging to the mannor of Heton and the moore called Byker Moore and whether hath not the sayd growndes w[hi]ch you call in your annswer Heton Bankes bin comonly reputed taken and knowne as p[ar]te p[ar]cell and member of Byker Moore and whether have not such cattell as the complt and his anncestors have taken in to pasture and feed for money in the said moore called Byker Moore especially the catell of the Inhabitantes of Sandgate in or neere Newcastell ordynaryly gone walked & depastured uppon the bankes called by you Heton Bankes w[i]thowte any contradiction challendg of prop[er]tie or any righte maide therunto by the sayd Robert & Henry Metford or any of them, and have not the Complt and his anncestors digged and suncke cole pittes uppon the sayd bankes called by you Heton bamkes being in very deede p[ar]cell of that moore called Byker Moore w[i]thowte any contradicton of the aforesayd Robert and Henry or any of them before this p[re]tended lease made by them to you in such sorte as is alledged by you in your annswer?

11 Itm howe came yt to passe that you tooke the said lease soe confessed to be made to you by the said Robert and Henry as is declared in your sayd annswer whether was yt made to you at your only suite or motion or by the direction and setting on of some other, and yf yea then of whome or whether was yt voluntaryly offered to you by the sayd supposed lessors when was it made and where was it sealed and deliv[er]ed & in whose presence and what ..tynnance hathe yt and uppon and for what consideracon and what fyne did you paye therefore and what rent is reserved theruppon and to whome and at what tymes and what quantity of cole have you digged and obteyned in the sayd more called by you Hetton Bankes since your sayd p[re]tended lease and whether hath not the sayd Robert Metford and Henry Metford or some of your alleyes and frendes in those p[ar]tes sett you on as an Intrument (making you only a cypher to execute theire lewde Intentes only) to enter into this accon for theire only proffitt and whoe be they of your frendes & allyes that have sett you on to enter into this action and what p[ro]fitt or p[ar]te of the said Cole are they the said Roberte and Henry or other of your sayd allies and frendes to have and receave uppon a recov[er]y to be had as they suppose of or in any p[ar]te of the p[re]misses nowe in question

12 Whether doe you knowe Heaton Bankes yea or noe, And whether doth not the place called Heaton Bankes lye west from Heaton yea or noe, And whether have you not seene or have hearde say that the stockes or rootes of old trees w[hi]ch have bene felled and Cutt in the said place called Heaton Bankes are yet remayninge in vewe And whether doe you not knowe or have hearde that the place nowe in Controv[er]sie where the Coles are gotten is called Bicker Bankes Bicker Edge and not Heaton Bankes


Examination of Randall Fenwycke:

....... primo die Maij [Anno] RR Eliz &c xxxviij sup ............ Radi Lawson quer ministrate


Randall Fenwycke of Newcastle uppon Tyne within the Countye of Northumberland gent sworne & examyned

To the first Interr he saieth that he doth knowe the Towneship of Byker w[i]thin the County of Northumberland but whether yt be A mannor or not he cannott tell And hath knowen the same Towneship for the space of xx yeres nowe past & more during all w[hi]ch tyme he hath knowen the same to have byn in the possess[ion] of Raphe Lawson Esqr the Complt

To the second Interr he saieth that he doth knowe a c[er]ten moore or waste grounde called Heaton Moore but not Bycker Moore w[hi]ch said waste grounde called Heaton Moore belongeth to the Mannor of Heaton as this def taketh ytt & not to the supposed Mannor of Byker as in ... is supposed And to all the reste of th.. Contents of this Interrogatorie this def taketh himself not bounde to answeare in this ho[norable] Court the same being imp[er]tynent in this defts understanding to the matter of Ryott charged upp[on] this def by the said Complts bill

To the third Interr he taketh himself not bounde to answere beinge as he thinketh imp[er]tynent to the sayd Complts bill

To the iiijth Interr This def saith that he this deft by force of the lease menconed in his Annswere made [?unto?] him by Robt Mettford Esqr & Henry Mettford gent dyd w[i]th others in quyet and peaceable Manner enter into certen wast grounds called Heton Banckes & there in like quyet and peaceable manner digged & suncke cole pyttes as lawfull was for them to doe as this def thinketh And further to this Interr he taketh himself not bounde to answeare beinge as he thinketh imp[er]tynent to the said Complts bill.

To the vth Interr this def [saith] that he this def, Robt Fenwyck, George Wan, .... Attyson, Lyonell Fenwycke, Robt Errington, Oswald Fenwick, Gerratt Fenwicke, Edw: Lorren, James Lawson, John Fenwick & others whome he re[mem]breth not dyd by this defts meanes & procurement uppon abowte the nynthe, tenthe, eleventh and xijth daies of december last paste by force of the said lease repay[red] and Come unto these waste groundes called Heaton Banckes for & about the digging wyndinge & synckinge of coles & cole pittes there att w[hi]ch tyme this def & his s[ai]d Company before named had pistolls swordes and Daggers & some of them horsemens peeces & some of them had [?pryvy?] cotes as this def thinketh And further to this Int[err] he taketh himself not bounde to answeare/

To the 6 Interr this def saieth that ha.... deft, Robt Fenwycke, Lyonell Fenwycke, Oswald Fenwycke, Jerratt Fenwycke, John Fenwycke & sometymes Edward Lorren being weponed as aforesaid upp[on] some of the s[ai]d dayes before menconed after they had byn at the s[ai]d Cole pittes dyd for there reste & ease goe unto a filde or bancke neere unto the s[ai]d Cole pittes called Gesmonnde filde or Gessmond bancke & there sat them downe for an hower or twoe to reste themselfes but doth denye that they lay there in Ambushm[en]t or wayte on w[i]th any intente to doe .. hurte or vyolence to the s[ai]d Complt or [any] of his frendes fellowes servanntes or worke... neyther was there [any] unlawfulle acte executed by this def or by any of his Company to this defts knowledg neyther were [any]of the s[ai]d Complts servanntes beaten or wounded by him this def or by any of his s[ai]d Company to his knowledg And more hee sayth not to this Interrogatorie/

To the vijth In[terr] he s[ai]th as to the ...................... he hath said And further to this In[terr] he taketh himself not bounde to answeare

To the 8. In[terr] he s[ai]th he cannot .... depose

To the 9th xth & xjth & xijth Interrogatories he taketh himself not bounde to answeare in this he .... upp[on] consyderacon had of the s[ai]d Complts bill & this defts answeare therunto And therefore this def [?...leateth?] to make any answere therunto untill he shallbe otherwise ordered by this ho[norable] Courte

Randall Fenwick


Examination of Robert Fenwycke:

Cap iiij die Maij Anno xxxviij dm ..... Eliz Rne

Robt Fenwycke of Newcastle Gent sworne & examyned deposeth and sayth as followeth.

To the first, second, third fowerth and fyveth Interrogatories This defendannt saiethe that to so much of the contents of these Interrogatories as conc[er]neth not the supposed unlawfull assembly & entrye into p[ar]cell of the more called Heaton Moore & the digginge syncking or workyng of Cole mynes there this def taketh himself not bounde to answeare But to so much therof as doth conc[er]ne that matter only This deft sayth that by force of a lease in wryting made of the s[ai]d moore as he thinketh by Robte & Henry Mettford in these Interrs menconed to Randall Fenwycke this defts brother he this def, Oswald Fenwyck, Lyonell Fenwyck, Jarrett Fenwick, & others whose names or nomber he re[mem]breth not dyd together w[i]th the said Randall fenwyck & by the meanes & requeste of the said Randall about the nynthe, tenth, elevanth and xijth daies of December last paste enter upp[on] p[ar]te of the s[ai]d moore called Heaton Banck to thentente to digg syncke or worke Cole Mynes upp[on] the same or at leastwise to [?gyve?] some furtherance [?therunto?] this def & his said brothers before named beinge then weponed .... [?staves?] swords & daggers & some of them pistolls & some horsemans peeces w[hi]ch kynde of wepons they doe Comonly weare in those p[ar]tes for their necessary defence and this def s[ai]th that he & his s[ai]d brothers are not laborers but gentlemen & merchants such as did not use to worke at syncking & digging of pyttes for Cole and further or more to these Interrs or [any] p[ar]te therof he taketh himself not bounde to answere

To the 6. In this def s[aie]th that he this def & his said brothers before named ..pr..ed as afores[ai]d dyd at some of the said tymes before menconed [?repose?] or reste themselfes in Jessmond grounde being w[i]thin half a stones caste from the place in the s[ai]d more where the workemen (whose names this def cannott sett downe) were at syncking & digging of pyttes for Cole And this def s[aie]th that he & his said brothers came then thither to be ayding and assisting unto the said workemen if need should require But this def s[aie]th he doth not knowe of any such lying in Ambushm[en]t as is supposed neyther dyd he this def or any of his Company to his knowledg execute any unlawfull acte therin to this defts unders.... or resyste any of the Complts servanntes or wounde or beate them as is supposed

To the vijth In[terr] this def s[aie]th that after such tyme as this def & his said brothers or some of them had wearyed themselfes in assis[ting] the s[ai]d laborers to roll upp stones in p[ar]cell of the s[ai]d moore Then this def & his said brothers before named dyd .... to Jessmonnde grounde w[hi]ch was neere at hand there to reste themselfes & to be in a reddynes to ayde the s[ai]d workemen in the furtherance of their worke or otherwise as need or occacon should require And further this def s[aie]th that he doth not remember any suche ...de to be broughte to the said place as is menconed in this In[terr]

To the 8. 9th, xth, xjth & xijth In[terr] he taketh himself not bounde to answere being imp[er]tynent to the matters layd to this defts charge by the s[ai]d Complts bill as this def thinketh

Robart Fenwick


Examination of Lyonell Fenwick:

Lyonell Fenwick of Blagdon w[i]thin the County of Northumberland gent sworne & examyned

To the first & second Interrs he taketh him self not bounde to annsweare being as he thinketh imp[er]tynent to the ryott layd to this defts charges by the said Complts bill

To the third Interr he saieth That Robt Mettfourd & Henry Mettford in this Interr menconed dyd w[i]thin .......... as this def thinketh macke a lease in .... unto Randall Fenwick this defts brother of Heaton Moore or some p[ar]t therof as this def taketh it by force of w[hi]ch said lease the s[ai]d Randall Fenwyck & others by his appoyntment entered into p[ar]te of the s[ai]d more abo.. some of the .... in the said bill menconed & then & there by force of the s[ai]d lease digged & suncke cole pyttes & mynes for Coles as lawfull was for them to do as this def thinketh And further to this In[terr] he taketh himself not bounde to answere in this ho[norable] Court

To the iiijth & vth In[terr] this deft s[a]yth that he this deft by forc of the said lease made unto the s[ai]d Randall Fenwycke his brother as afores[ai]d & at the request of the s[ai]d Randall dyd together w[i]th the s[ai]d Randall, Oswald Fenwycke, Robt Fenwycke & Jerrat Fenwicke about the nynth tenth eleventh and xijth Daies of December last paste enter uppon p[ar]te of the s[ai]d moore to helpe & ayde George Wan & other the workemen of the s[ai]d Randall Fenwyck whose names this def doth not knowe in digging and synckinge Cole pyttes & mynes for coles in p[ar]cell of the s[a]yd moore for the s[ai]d Randall Fenwyck, this def & his said brothers before named being then weponed w[i]th swords & daggers, pistolls, & horsemans peeces w[hi]ch they doe comonly carry about them for their defense in that Country And this def s[ai]th that he this def & his said brothers dyd not use to worke at syncking and digging of pyttes for Coles And further to these Interrs he taketh himself not bounde to answere in this ho[norable] Courte

To the 6. In[terr] this def s[ai]th that the s[ai]d Randall Fenwycke, this def Oswalld Fenwycke & Jarrett Fenwick menconed weponed as afores[ai]d were on some of the s[ai]d dayes ...... in Jessmonnde w[i]thin a stones cast from the s[ai]d place where the s[ai]d workemen were digging of Coles & there in Jessmond they then rested themselves & were there in reddynes in lawfull manner to have ayded & defended the s[ai]d workemen as occacon should be offered but s[a]yth that they laye not there in waight or Ambushm[en]t w[i]th any inten[tion] to offer any vyolence unto any p[er]son or p[er]sons neyther dyd this def or any of his Company to his knowledg execute any unlawfull acte there nor dyd there resyste any of the Complts servanntes or wounde or beate tham as is supposed And more he sayth not to this Interrogatorie

To the vijth Interr he s[a]yth as he s[ai]d before to the vjth Interr ..t p..ectell.. And further s[a]yth that yt was some of the s[ai]d workemen (but w[hi]ch of them by name he doth not re[mem]ber) that brought [?woode?] to the place where this def & his s[ai]d brothers were that the s[ai]d workemen were so wounded as is sett downe in the s[ai]d Answere ... ..... in this Interr

To the 8.th 9th, xth & xjth Interrs he taketh himself not bounde to answere in this ho[norable] Court being matters as he thinketh imp[er]tynent to the matters of supposed ryott & unlawfull asse[mb]ley alleagid in the plts bill

Lyonell Fenwek


Examination of Oswald Fenwyck:

Oswald Fenwyck of Syckhill w[i]thin the County of Northumberland gent sworne & examyned

To the first & second In[terrs] he taketh himself not bounde to answere being as he thinketh imp[er]tynent to the offences layd to his charge by the plts bill

To the third iiijth & vth Interrogatories This deft s[a]yth w[i]thin one yere nowe last past as this def thinketh Robt Mettford & Henry Mettford in these

Interrogatories menconed made a lease of a certen common grounde called Heaton Moore as the def taketh it to Randall Fenwycke this defts brother By force wherof the s[ai]d Rand[all] Fenwycke about the nynthe tenthe eleventhe & xijth dayes of Dec[em]ber last paste dyd enter uppon the banckes called Heaton Banckes p[ar]cell of the s[ai]d Heaton More as this def taketh it & there dyd sett on worke George Wan & other laborers whose names or number this def cannott sett downe to digg synck & worke cole mynes there And this def s[a]ith that he this def, Robte Fenwicke Lyonell Fenwycke, & Jarrett Fenwicke dyd in the right of the s[ai]d Randall Fenwycke their bro[ther] [at] his the s[ai]d Randalls request go to the s[ai]d Heton Banckes uppon or about some of the dayes before menconed to ayde further & assist the s[ai]d workemen in their s[ai]d worke & to defende them if need should require And this def s[a]yth that he this def & his said brothers before menconed dyd then Carry w[i]th them to these banckes called Heaton Banckes for their necessary defence if occacon had required swordes & daggers & some pistolls & horsemans pieces being wepons w[hi]ch they usually & ..... carry about them in those p[ar]tes when they goe abrode And further or more to these Interrs he taketh him self not bounde to answere in this hono[rable] Courte

To the 6 & vijth In[terrs] he this def s[ai]th that he this def & his said brothers before named being weponed as afores[ai]d dyd reste themselfes sometyme .. uppon Jessmond groundes adioyning to the s[ai]d place where the s[ai]d workemen were at work not having anye other busynes in the s[ai]d Jessmond grounde then only to reste them selfes .... they were weary & to be allwayes at hande in ...... to ayde & assiste the s[ai]d workemen as occacon should ... ..... not having any intente to offer any force or vyolence to any p[er]son or p[er]sons or to lye in any Ambushe or wayte there for any such p[ur]pose neyther dyd they or any of them to this defts knowledge execute any unlawfull acte there or wounde or beate any of the s[ai]d Complts servants as is p...... And further to these Interrogatories he cannott .... depose

To the 8 9th xth xjth & xijth Interrogatories he thinketh himself not bounde to answere [being] as he taketh them imp[er]tynent to the matters of offences layd to this defts charge by the s[ai]d [Complts] bill

Oswold Fenweck


Re-examination of Oswald Fenwyck:

Cap xxxmo oct Anno xxxviij .... .... Eliz R

The [?reexaminacon?] of Oswa[ld] Fenwyck taken to the th.... ixth and xijth Interrs to him ministred at the suit of Rap[he] Lawson Esqr plt according to the ..epln or ..tif.. of Mr Justyce Wallmesley

To the said third Interr This def sayth That the grounde letten by the said lease menconed in the same Interr ys as he thinketh letten by the name of Heaton Moore & not by the name of Bycker Moore & that there was not any entrye made into the said Moore called Bycker Moore or any p[ar]te therof to this defts knowledge

To the sayd ixth Interr this def s[a]yth he doth not .... knowe of his [?Arme?] knowledge but doth thincke in his Conschence the said p[ar]cell of grounde into w[hi]ch the said entrye was made by vertue of the s[ai]d lease to be p[ar]te of the s[ai]d moore called sometymes Heaton Moore & sometymes Heton Banck & this def thinketh the same to be p[ar]cell of the Mannor of Heaton And more or otherwise to this Interr he sayth he cannott depose

To the xijth Interr he s[a]yth that he doth knowe a place or peece of ground called Heaton Banckes & that the said place called Heaton Banck lyethe west from Heaton And further this def s[ai]th that he hath not seene the stockes or rootes of old trees w[hi]ch have byn felled & Cutt in the said place called Heaton Banck remayning on [?vewe?] as is supposed neyther doth this def knowe nor hath hard that tha said place [?nowe?] in Controv[er]sye where the Coles are gotten ys or was called Bycker Banck or Bycker .... as is allso supposed But this def s[ai]th that he hath oftentymes harde the s[ai]d place [?nowe?] in Controv[er]sye be called Heaton Banckes And more he .... not to this Interr

Oswold Fenwyek