STAC 5/L27/32

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Court of Star Chamber:

Raph Lawson v Robart Metford & Henry Metford

Transcript: Dave King


Interrogatories:

Interrogatories mynistred on the part & behalf of Raph Lawson Esqr Complt to and against Robart Metford & Henry Metford defendts

[Imprimis] Whether doe you knowe the Mannor of Byker w[i]thin the County of Northumberland [yea or] noe yf yea,howe longe have you knowen the same, & in whose possession have ......... tyme knowen the same

[2 Item] Doe you knowe a Certen moore or wast ground Called Biker More to the same ...... belonginge yea or noe, And whether doe you knowe howe farre the said more [doth] extend yt self, and the metes & boundes thereof, and of what groundes doth it ....... And whether do you knowe in whose use & possession by any tyme or tymes ...... the said more hath byn, and what Comodities doth the same more yeald unto .... owner and possessor thereof, And whether hath not the Complt and his anncestors [whose] right he hath in & to the said more taken in Cattell of thinhabitantes ..... aboutes & others for a Certen price accordinge to the .... of the.. [?abode?] ...... and depasture in the said moore Called Byker More, w[hi]ch have so fed and ..... .....med in the same more, And hath not the Complt and his Anncestors whose right the Complt hath in the said more, digged suncke and wrought Cole mynes and Colepittes in divers and sundry places w[i]thin the said moore, and the proffitt thereof or the most part thereof taken & enioyed to his and their use from tyme to tyme at his and their pleasure

[3 Item] whether have not you or one of you made unto Randolph Fenwick one of the deffendts or to any other to his and their uses, any estate or estates or lease of and in the said more, or of and in any part or parcell thereof, or of some part of ground Comonly reputed taken or occupied w[i]th, or as part or parcell thereof, by any other name or names then by the name of Byker More or Byker Banckes or Byker Edge or parcell thereof, yea or noe, yf yea, Then what estate or lease, or by what name, and by what right of your owne, or either of your owne, have you, or either of you soe don, declare & expresse Certenly, what estate or right, you or either of you have, or doe Challendge therein as you knowe

[4] Item whether have not you by Cullor or p[re]tence of the saide estate or lease soe unto him by you made, or otherwise perswaded & procured the aforesaide Randolf Fenwicke, and some other of the deffendantes in the Bill menconed to enter uppon parcell of the said more Called Byker More or uppon some ground Comonly reputed & taken, as part or p[ar]cell of the said more soe called or in and uppon the Confynes borders or lymyttes thereof, w[hi]ch hath Comonly ben used occupied & enioyed by the said Complt & his Anncestors, And there by himself or frends or servantes digged & sunken Cole pittes and mynes for Coles, yea or noe/

5 Item whether have you or either of you made unto the said Randolph Fenwick, or any other where unto you are privie or Consentinge any estate or estates of any part parcell border or Confyne of the said more, by any other name or names then by the name of Byker More w[hi]ch hath byn heartofore used occupied & enioyed by the said Complt and his Anncestors and of such part or parcell of the said wast ground or such borders or Confynes thereof lymyttinge or adioyning thereunto, as hath not ben in the possession of you or either of you, or of them, whose right you seeme to clayme by the space of one whole yeare last past before the said demyse grannt or lease soe by you made yea or noe.

6 Item whether hath not Randolph Fenwick by Cullor of such a grannt lease or estate thereof, made to him by you as ys above recited entred in & uppon any part or parcell of that w[hi]ch hath ben soe in the possession of the said Complt, and not in the possession of you the said Robt Metford & Henry Metford, or either of you, by the space of one whole yeare next before the said grannt or by what other Interest or title hath he entred, say your knowledge therein/

7 Item did not the said Randolph Fenwick, or some other by his meanes or procurem[en]t in or aboutes the ix. x. xj. xij daies of December in xxxviij by Cullor of the pretensed estate or lease made by you as aforesaid enter in & uppon the said moore, or any part border or lymytt thereof, w[hi]ch hath ben in the use & occupacon of the Complt and his Anncestors & their Assignes and not in the occupacon or possession of you the said Robt & Henry Metford or either of you, by the space of one whole yeare last past before the aforesaid last daies of December, to digge sincke or worke Cole pittes in or uppon any such part or parcell lymytt, or border of the said moore yea or noe./

8 Item howe many persons did he or his assignes sett on worke at once, or did there then Come ... him, as you knowe or have hard, by whose direction & appoyntm[en]t & at whose request did they soe come what were their names, and what weapons or armor had they or any of them about them, whether was there any of your servantes in their Company that did ayd and assist them, And whether were all such persons as did then Come w[i]th the said Randolph Fenwick laborers and suche as were usually accustomed to worke at sinckinge and digginge of pyttes for Coles, or howe many of them were laborers, and of what Condicon and sort were the rest, w[hi]ch did soe enter w[i]th him, And whether was the same assemblie and eltries made by your appoyntm[en]t and Consent, at the same tymes, or att any of them, yea or noe/

9 Item whether were there nott dyvers and sondry others by his or your direction procurem[en]t or assent, w[hi]ch lay in Ambushem[en]t and in Scoutinge places w[i]thin the said moore, whereunto he entred or in places neere adioyninge to the same, for to ayde him and his workmen if neede were And whether were they furnished w[i]th Armor & weapons, howe many was there of them, What were their names, And of whatt Condicon were they, and what weapons & Armor had they, And did they not execute some unlawfull Act accordingly by Coming forth at a Becke token signe, or Crye, And did not they assist those, w[hi]ch Cam and had forcibly entred w[i]th him for you, and resyst the Complaynantes servantes, and threaten & evell intreate or beate & wound them, as you have hard./

10 Item as you knowe or have hard, what busynes had Randolph Fenwick, Lyonell Fenwicke & Oswold Fenwick your man at Jesmond, At or about the ix/ x/ xj/ and xij daies of December, & who brought them worde, that their workmen were wounded/

11 Item what proffitt have you the said Robart and Henry Metford or either of you, at any tyme before the said grannt or estate made to him the said Randolph Fenwick to your own use receyved of the premysses nowe in question/

12 Item doe you not knowe, or doe you not in your Conscience thinck, the said parcell of more ground soe entred uppon by the said Randolph Fenwick or his Assignes as aforesaid to be part of the said moore Called Byker More, and not to be Called reputed & knowen by the name of Heaton Banckes, or belonginge to the said Towneshippe or supposed mannor of Heaton, as any part p[ar]cell or member thereof, or to be any part of the same/

13 Item whether doe you knowe the Towneshipp of Heaton or pretended mannor of Heaton in the County of Northumberland, And whether doe you knowe what waste & mores doe belonge to the same, and howe farre they doe extend, and uppon whose groundes & wastes they doe abutt & lye, And whether doe you knowe any meres or devision betwixt those moores, belonginge to the Townshipp or pretended mannor of Heaton and the more Called Byker More, and what be the names of the s[ai]d borders and howe are the.. sited; And whether hath not the said groundes w[hi]ch you in your Annswere pretend to be Called Heaton Bankes ben Comonly reputed taken or knowen as part parcell & members of the mannor of Byker/

14 Item whether hath not such Cattell as the Complt and his Anncestors have taken in to pasture and feed for money in the said more Called Byker More, Specially the Cattell of the Inhabitantes of Sandgate in or neere Newcastle ordinarily gone walked & depastured uppon the said Bankes or more Called by you Heaton Banckes w[i]thout any Contradiction Challendge of propertye, or any right Claymed or Challendged thereunto, by you or any of you, and had not the Complt digged and sunck Colepittes uppon the said bankes called by you and thother deffendantes Heaton Bankes, and there wone Cole before you p[re]tended any title thereunto, and w[i]thout any Contradiccon of you or either of you, before the supposed lease by you made to the said Randolphe Fenwick/

15 Item howe Cam yt tp passe that you made any lease to the said Randolph, what moved you soe to doe, what consideracon had you for the same, when was yt made & where was yt sealed & deliv[er]ed & in whose presence, and what Contynance hath it, and uppon & for what Consideacon, and what fyne did or was he to paye therefore, & whatt rent is reserved thereuppon, and to whom and at what tymes, and what quantity of Cole hath he digged & obteyned in the said more, or whatt Cole gott you, or either of you or any your Anncestors in the same before, since your or either of your demyse or lease made to thaforesaid Randolph/

16 Item whether have not you or either of you the said Robart & Henry ben sett on, or procured to lease the same to the said Randolph Fenwick by some of your Frendes & Allyes makinge him only as as Instrument to execute your lewde intentes, who be they of your Frendes & allyes that have sett you on, to Cause him enter into this Accon, And whatt proffitt or part of the said Coles is he the said Randolph or other of your Frendes & allyes to have & receyve uppon a recovery to be had, as you and they suppose of or in any part of the premysses in question/

17 Item whether have you or either of you at any tyme heretofore made any Clayme or Challendge to this parcell of the more Called Byker More wherein the pittes are nowe suncke and digged, If yes, Then in what meanes and at what tymes did you make your Clayme or Challendge to the same, And whether have you or either of you at any tyme before the digginge of the said pittes w[i]thstood or gainesaid the Complt in denyeinge of that p[ar]cell of the more, or in takinge of [?Jeast?] Cattell into the same more, yf you resysted or gainsaid him, by whatt meanes did you yt, & att whatt tyme, & in presence of what p[er]sons/

18 Item for whatt occacon of busynes did Oswold Fenwick lieinge Contynually at your house and attendinge on you as your servant on the ix/ x/ xj/ & xijth daies of December Last Come from your house at Sighill to the place called Byker More, or to the place where the Cole pittes are suncke in or uppon the said more, or howe nighe to the said place did he on the said daies Come, and for whatt intent & purpose have you hard him saye that he repaired to the said place on the said daies, tell your whole knowledge hearein./

19 Item whether were you acquaynted w[i]th, or Consentinge unto thaforesaid Ryotous assemblies on every or any of thaforesaid daies, And did you not mayntayne & further the same by sendinge or under hand allowinge of Oswold Fenwick and Percivall Maudland your servantes there goinge and beinge as Assistantes at ev[er]y or some of thaforesaid Ryotous & unlawfull Assemblies, If you did Comannd them or either of them for to be present there declare & expresse Certenly your intent therein/

20 Item whether doe you knowe Heaton Banckes yea or noe, And whether doth not the place Called Heaton Banckes lye weast from Heaton w[i]thin the severall inclosure of Heaton, And whether are not the rootes and stockes of old trees w[hi]ch have ben felled and Cutt in the said place Called Heaton Banckes yet remayninge to be seene, And whether doe you not knowe, That the place nowe in Controversye where the Coles are gotten is Called Byker Banckes or Byker Edge, & soe hath ben reputed & taken, [?synce?] whereof, the memory of man is not to the Contrarye and not Heaton Banckes/


Examination of Robert Metforde:


Examinac capt 23 die Junij Regin Regine Eliz &c 39 Sup Interr ext Radulph Lawson quer m..str


Robert Metforde of Syckall in the Countie of Northumb[erland] gent sworne &c

To the 1 & 2 Interr this def saieth that he doth knowe a village of hamlett called Byker w[i]thin the Countie of Northumbreland now in ye possession of the now Complt, and a more waste or Comon ground called Heaton Moore otherwise called Walker Moore belonginge to the mannor of Heaton in w[hi]ch more the now Complt hath comon of pasturebut this def doth not knowe yt ye Complt or his Anncestors have anie other estate therein Neither doth he knowe that the same moore or waste is called Byker Moore nor that the same is belonginge unto Byker And this def saieth that as he beleveth, he this def is the ownor of one half of the s[ai]d moore & Xpofer Metford of the other half & have an estate of Inheritance therein ioyntlie And further saieth that he doth not knowe that the now Complt & his Anncestors have taken in Cattle for a certen price to feed in the s[ai]d moore nor digged & wrought Cole mynes & Colepittes in the s[ai]d moore, untill now of late tyme the now Complt hath there digged for Coles, but altogether w[i]thout anie iust right & title that he hath so to doe as this def belevethe And more he saieth not to these Interr beinge imp[er]tinent as he taketh it for him to annswere unto

To the 3. Interr this def saieth that he this def & Henrie Meyford did aboutes two yeres com[e] August next, make a lease for fowre yeres of the saied moore by the name of Heaton Moore als Walker Moore unto Randolph Fenwicke Marchannte in Newcastle to thend he should digge & gett coles there for the benefitt of the Countrie, And this def saieth that the same Lease was made in the right of inheritannce w[hi]ch this def & the s[ai]d Henrie clayme to the s[ai]d moore as app[er]teyninge to the s[ai]d mannor of Heiton, And such estate of Inheritannce he this def & Xpofer Metford sonne & heire to the s[ai]d Henrie Metford decesed doe now challenge in the s[ai]d moore

To the 4 Interr he saieth that after the s[ai]d Lease made the s[ai]d Randolph Fenwick or others by his appointment did by vertue of the same Lease enter into the s[ai]d moore (as was lawfull for them to doe as this def beleveth & hopeth to prove) & there did digge & syncke Colepittes & mynes for Coles, w[i]thout the p[er]swasion & procurement of this def

To the v. Interr he saieth that the afores[ai]d Lease made unto Randolph Fenwicke of the s[ai]d moore is made by the name of Heaton Moore & not Byker Moore & at the tyme of the makinge of the s[ai]d Lease he this def & the s[ai]d Henrye were in the possession thereof ymediatelie upon the determinacon of a form[er] Lease w[hi]ch Lease did not determine by the space of one whole yeare before the s[ai]d Lease made unto the s[ai]d Randolph Fenwicke but for manye yeres before the makinge of the s[ai]d Lease to the s[ai]d Fenwicke he this def & the said Henrie Metford had an Estate of Inheritannce in all the s[ai]d moore

To the 6 & 7 Interr this def saieth that the said Randolph Fenwicke or others by his meanes did enter into the s[ai]d moore by vertue of the grannte or Lease made to him by this def & the s[ai]d Henry Mettford And after the s[ai]d Lease made did there sinke & worke Colepittes & gett Coles but upon what daies he or anie others so entered this def cannot certenly depose And more then is aforesaied he saieth not to ... Interr

To the 8. 9 & 10 Interr this def saieth that he doth not knowe how manie p[er]sons were sett on worke at once in the s[aid] moore or came w[i]th the s[ai]d Randolph Fenwicke thither for he this def was not p[re]sent w[i]th the s[ai]d p[er]sons at the tyme of their workinge there or cominge thither And further saieth that no p[er]son or p[er]sons by the direcon procurement or assente of this def did lie in ambusshement & in secrete places of the s[ai]d moore as is supposed And more he cannot say of his knowledge to these interr

To the 11 Interr he saieth that before the said Lease made to Randolph Fenwicke he this def & the s[ai]d Henry Mettforde & others by their leaves did depasture & feede their Cattle in the s[ai]d moore, and that was the greatest proffitt w[hi]ch this def & the s[ai]d Henrie before that tyme Received there

To the 12 Interr he saieth that he doth not knowe nor thinketh in his conscience the more demized unto Randolfe Fenwicke be p[ar]te of Byker Moore, but the same (as this def beleveth) is belonginge to the mannor of Heaton & hath ben called reputed & knowne by the name of Heaton Moore and Heaton Bankes as this def hath crediblie hearde

To the 13 Interr this def saieth that he doth knowe the toneshipp or mannor of Heaton but this def doth not at this tyme certenly knowe how farre the s[ai]d waste or more doth extende nor the meers boundes or devision betwixt Heaton & Byker for he this def hath [had] possession of the s[ai]d mannor not muche above 2 yeres paste or thereaboutes And this def leaveth tha same meeres or davision to be proved by the testimonie of witnesses that knowe the meers or devision thereof And more he saieth not to this Interr

To the 14 Interr he saieth that sithence the tyme that this def & the s[ai]d Henrie Metford have had possession of the s[ai]d Mannor the s[ai]d Complt hath had Cattle ...... goinge on the s[ai]d Heaton Moore or Bankes in his right of Comon of pasture there, & not otherwise to this defts knowledge but whether the s[ai]d Complt hath taken in anie Cattle to pasture and feede there for monie this def doth not knowe And further saieth that w[i]thin these 2 yeres past or thereaboutes as this def taketh yt the s[ai]d Complt or others by his appointment have before the s[ai]d Lease made to Randolf Fenwicke digged & suncke Colepittes upon the s[ai]d Heaton Moore or Heaton Bankes p[re]tendinge title thereunto & were suffered to digge Coles for that tyme [?but?] the said Complt had no righte so to doe as this def verelie beleveth & hopethe to prove

To the xv Interr this def saieth that the reason w[hi]ch moved this def & the s[ai]d Henry to make the s[ai]d Lease to Randolf Fenwick was because he was a Marchannte dealing w[i]th Coles & had p[ri]viledge & freedome in Newcastle to lade & shippe Coles there, w[hi]ch this def had not, And further to this Interr this def annswereth not beinge altogether imp[er]tenent as he taketh it to anie the supposed misdemeanors laied to this defts charge by the s[ai]d Complts bill

To the xvj Interr this def saieth that he was not procured or sett on by anie of his Freindes or Allies to lease the s[ai]d moore unto Randolf Fenwicke makinge him an Instrument to execute anie lewd intente as is supposed And further he annswereth not to the Interr because the same doth not concerne as this def taketh it anie the misdemeanours wherew[i]thall this def is charged by the s[ai]d Complts Bill

To the 17. Interr this def saieth that the said Henrie Metforde & this def have heretofore manie yeares paste made clayme & challenge to the parcell of the s[ai]d moore called Heaton Moore as to their Inheritannce wherein the Colepittes are now suncke & digged, And saieth that the now Complt had digged pittes in the s[ai]d moore before this def understood thereof but afterwardes he was gaynesaied by this def & the s[ai]d Henrie (or others clayminge from & under them) to digge anie further in the s[ai]d moore, And this def saieth that he did not knowe that the s[ai]d Complt did take anie [?jeast?] Cattle unto the s[ai]d moore, nor can further to his now [?Remembrance?] saie to this Interr

To the 18. Interr he saieth that the s[ai]d Oswold Fenwicke is towardes this def as a Reteynor And more he cannot say of his knowledge to this Interr

To the 19 Interr this deft saieth that he was not acquainted with nor consenting to anie the supposed Riotous assemblies in the bill menconed nor did maynetaine or further the same by sendinge or under hand allowinge Oswold Fenwicke and Percivall Maudland as Assistantes to anie Riotous & unlawfull assemblies as is supposed by this Interr

To the 20. Interr this def saieth that the place now in controv[er]sie where the saied Coles are gotten is not to this defts knowledge called Biker Bank or Biker Edge but the same as this def hath heard by credible Reporte hath ben reputed & taken tyme owt of minde to be Heyton Bankes & belonginge to the s[ai]d Mannor of Heyton And further to ye Interr this def under reformacon taketh himself not bounde to annswere because the same doth not concerne anie the supposed offences & misdemeanors where w[i]th this def is charged by the s[ai]d Complts Bill in this ho[norable] Courte Remeyninge

Robert Mytford