STAC 5/L45/17

From Rpalmer
Jump to: navigation, search

Court of Star Chamber:

Raffe Lawson v Randall Fenwicke, Willm Fenwicke, Robert Metforde, Henry Metforde, Robert Fenwicke, Lyonell Fenwicke, Oswoulde Fenwicke, Jerrarde Fenwicke, John Fenwicke, Martyne Fenwicke, Henry Ellwood, Robert Errington, James Lawson, George Wawne, Edwarde Lowrence and Willm Backe

Transcript: Dave King


Bill of complaint dated 7 Feb ??Eliz:

To the Quenes most excellente ma[jes]tie

Most humblie Complaynynge shewethe unto yo[u]r moste Excellente Ma[jes]tie yo[u]r Faithfull and obediente subiecte Raphe Lawson of Bourghe w[i]thin the Countye of Yorke Esquire That whereas Edmond Lawson father of yo[u]r saide subiecte was lawfullie seised in his demeasne as of fee of and in the manor of Byker in the Countye of Northumberlande and of one grate Comon or Moore comonlie called Byker Moore as p[ar]cell thereof and dyed so seised by and after whose deathe the saide Manor and p[re]mises discended and Came as the same of right oughte to discende and come to yo[u]r saide subiecte as sonne and heire of the saide Edmond by force whereof yo[u]r saide subiecte entered and was of the p[re]mises lawfullie seised in his demeasne as of fee and he yo[u]r saide subiecte so being thereof seised hath by dyv[er]s and manie years peacablie and quietlie occupied and enioyed the same and taken received and enioyed the rents yssewes & profitts thereof and hathe digged suncke and wroughte Coale Mynes and coal pitts on the same and therein gotten and obteined great quantytie of Coales to the greate benefitte of yo[u]r saide subiecte and comon good and great p[ro]fitte to the Comon welthe w[i]thowte anie let suite or troble of anie p[er]son or p[er]sons But so yt is yf yt may please yo[u]r ma[jes]tie that one Randall Fenwicke of Newcastle upon Tyne gent Willm Fenwick his brother Roberte Metforde of Sighill in the said Countie Esquire and one Henrye Metforde of Newcastle Merchante have confiderated and Combyned themselves w[i]th Randall Fenwicke Roberte Fenwicke Lyonell Fenwicke Oswoulde Fenwicke Jerrarde Fenwicke John Fenwicke of Brenkeley in the saide Countie and John Fenwicke his Bastard brother Martyne Fenwicke Roberte Fenwicke of Whellpington in the saide Countie Henrye Elwoode Roberte Errington James Lawson George Wawne Edwarde Lowrence and Willm Backe all w[hi]ch well knowinge that great profitts and comodityes were lyke to aryse by the Coale lyke to be gotten in the saide grounde w[hi]ch was founde onelie by yo[u]r subiects meanes or in his righte no other havinge right so to doe have scythence yo[u]r ma[jes]ties last gen[er]all p[ar]don not havinge the feare of god before theire eyes nor anie care of yo[u]r ma[jes]ties Lawes or statutes of this realme made and p[ro]vided against Ryots Rowts unlawfull assemblies maintenance and forcible entries have most falselie wickedlie unlawfullie and ungodlie conspired complotted practised and devised amongste themselves to entytle the saide Robte Metforde and Henrye Metforde by some p[re]tended tytle to the same moore and Coale mynes and to maintaine the said Robte and Henrye Metforde there p[re]tenced tytle not w[i]thstandinge that they and ev[er]y of them well knowethe that they never were in possession thereof by the space of one yere last past before the fifthe day of december nor ev[er] were in possession of the saide moore and they have resolved vowed conspired and agreed utterlie to disinherite yo[u]r said subiecte of the saide moore and Coale mynes and forciblie and by stronghand to enter into worke take and get Coales in the same wrongfullie and againste yo[u]r subiects will and coverte the same to to theire owne uses and the better to effecte theire maliciouce plotte practise devise and purpose aforesaid they the said Robte Metforde Henrye Metforde Randall Fenwicke Wm Fenwicke his brother Robte Fenwicke Lyonell Fenwicke Oswoulde Fenwicke Jerrarde Fenwicke John Fenwicke Martyn Fenwicke Robte Fenwicke Henry Ellwoode Robte Errington James Lawson George Wawne Edwarde Lowrence and Willm Backe Scythence yo[u]r ma[jes]ties Last gen[er]all p[ar]don have moste Ryotouslie forciblie and unlawfullie assembled themselves together aggregatinge and gatheringe into there Companies dyv[er]s and manie other Lewde owteragiouce and evill disposed people dwellinge in Northumberland nere the borders of England against Scotland and manye Scotesmen dwellinge w[i]thin the borders of Scotland whose names are yet unknowne to yo[u]r said subiecte and they the said Ryotouse p[er]sons to the number of fortie p[er]sons and moe beinge so unlawfullie assembled and armed and arreyed w[i]th Coats of plaite steele Cots shertes of maile jacks and steele Cappes and beinge weaponed w[i]th swords daggers spears Lance staves calv[er]ins daggs pistoles longe Bowes and arrowes Scythence yo[u]r ma[jes]ties last gen[er]all p[ar]don on the nynthe daye of december Last paste and at dyv[er]s and sundrie other dayes scythence and namelie upon the xjth and xijth dayes of december last paste did repaire to a place neare to the said moore lyinge and beinge in Jesmonde in the said Countie of Northumberland and frome thence did sende Robte Fenwicke brother to the said Randall George Wawne and Willm Back and dyv[er]s others of the saide ryotouse p[er]sons into Byker Moore aforesaide there to digge woorke and synke a Coale pitte in yo[u]r subiects said soile the residewe of the said ryotouse p[er]sons standinge redie w[i]th force and in ryotouse number ... ... ... to ayde Countenance assiste and maintaine the said p[er]sons so sent into Byker Moore whereupon the said Robte Fenwicke George Wawne and Willm Bucke did by the p[ro]curement of the residewe of the said ryotouse p[er]sons the same day and at dyv[er]s other tymes after did ryotouselie and unlawfullie enter into the said Moore and there did worke myne and digge for Coales and beinge desired by some of yo[u]r said subiects servants and frendes w[hi]ch did see the wronge offered to yo[u]r said subiecte to dep[ar]te and leave of theire wronge and ryotouce attempts they not onelie refused so to doe but querrelled w[i]th yo[u]r said subiects frendes and servants so desiringe the[m] and made a ryotouse assalte and affraye upon the[m] in ev[er]ye of the said dayes w[hi]ch the said other ryotouse p[er]sons w[hi]ch did then remaine in Jesmond as aforesaid steyinge they first sett some of there ryotous companye armed and arrayed as aforesaid to ayde theire ryotous companions w[hi]ch made the forcible and ryotous entries aforesaid into Byker Moore as is aforesaid and cried to the[m] strike the[m] downe and kill the[m] meanynge yo[u]r saide subiects frends and servants and shortelie after all a most p[ar]te of the said riotous p[er]sons so assembled at Jesmonde aforesaid in great rage and Furie and in moste ryotouse maner and marchinge in warlyke maner armed arrayed and weaponed as is aforesaide ryotouslie forciblie and most unlawfullie entered into the said Byker Moore and there did assalte yo[u]r said subiects servants in the said Moore and menassed and w[i]th greath tirrible and fearfull othes did threaten to murther and kill the[m] yf they woulde not dep[ar]te and leave the[m] to continewe and p[ro]ceede iun theire said unlawfull owterages and ryotouce acts and attempts and the said ryotouce p[er]sons beinge weaponed armed and arrayed as is aforesaid in everie of the said nyne tenth Eleaventh and twelveth dayes of December last w[hi]ch were after yo[u]r ma[jes]ties last gen[er]all p[ar]don did ryotouselie forciblie and moste unlawfullie enter into the said moore and manassed and threatened to murder and kill yo[u]r said subiects servants who offered in quiet maner to hinder and stoppe theire unlawfull attempts and ... ... ... so in ... as they the ... ... ... yo[u]r subiects said servants for feare of murder whereunto the said ryotouce p[er]sons were muche inclyned ... not dep[ar]ted and leaft the said ryotouce p[er]sones to execute theire owteragiouce ungodlie unlawfull ryotouce and wicked pleasure purposes and intents and thereupon the said ryotouce p[er]sones or some of the[m] by the Instigacon settinge in Conntenance maintenance and p[ro]curement of the residewe did in everie of the said nyne tenth eleaventh and twelveth dayes of December last and at dyv[er]s dayes and tymes scythence forciblie and ryotouslie breake upp digge Sinke and gett greate quantytie of Coales in the saide Byker Moore and the same converted to theire owne use and damage of yo[u]r said subiecte all w[hi]ch ryotts rowts unlawfull assemblies maintenance and other the misdemeanors afore said ar not onelie contrarie to yo[u]r ma[jes]ties Lawes and statutes of this Realme but also in open manifest contempt thereof and to the greate losse wronge and damage of yo[u]r said subiecte but allso tende to the daingerow.. and evill example and great encouragement of suche lewde and evill disposed people whereof there be manye in that Contrie yf Condigne punishment be not therein shewed and extended In tender consideracon whereof and to thentente the said ryotouse p[er]sones and malefactors may receive condigne punishemente for the same offence yt may please yo[u]r most Excellent ma[jes]tie to grannte yo[u]r ma[jes]ties gracious p[ro]ces of Subpena to be directed to the said Robte Metfourde Henrye Metfourde Randall Fenwicke Willm Fenwick Robte Fenwicke Lyonell Fenwicke Oswoulde Fenwicke Jerrard Fenwicke John Fenwicke of Brenkeley and John Fenwicke his bastard brother Martyn Fenwicke Robte Fenwicke of Whelpington Henrye Ellwoode Robte Errington James Lawson George Wawne Edward Lowrence and Willm Bucke comanndinge the[m] and ev[er]ye of them at a certaine day to be therein lymited to be and p[er]sonallie appeare before yo[u]r moste Excellent ma[jes]tie .. yo[u]r hignes honorable Courte of Starre Chamber then and there to annswere the p[re]mises and ... ......................................................... yo[u]r said subiecte accordinge to his boundendewtie shall daylie pray for yo[u]r most excellent ma[jes]tie in happines longe to Reign ov[er] us


Answer of Randall Fenwick et al dated 12 Feb 38Eliz

The s...all answeare of Randall Fenweeke one of the defendts unto the untrue and Slanderous Bill of complt of Rauffe Lawson esquire Complt

The said defendt sayeth that the said Bill of complt as this defendt is informed by his councell is verie uncertaine and insufficient in the Lawe to be answeared unto for many imp[er]feccons and Insufficiencies therinapparent and esp[e]callie for that the said complt hath complayned against him this defendt and dyv[er]s other p[er]sons in the said Bill of complt named For that they as the complt hath surmised have combyned and confiderated themselves and ...eth not any Intent therof and hath further therby Complayned that he this defendt and the said other p[er]sons in the said Bill named have falsly wickedly unlawfully and ungodly conspired complotted practized and devised amongst themselves to Intitle Robt Metford and Henry Metford by some p[re]tended title in the more and Cole mynes in the said Bill of complt menco[n]ed and that they had agreed to disinherit the complt therof wherupon and for that the said complt hath not in the d...se therof alledged or shewed in certeine any unlawfull act to have bine done herin nor the mann[er] of any such practize in certeine So that this defendt cannot have or make any direct answeare therunto And for that the same matters as the same are alledged in and by the said Bill of complt are not punishable in this moste honorable Court Therfore he this defendt humbly demandeth Judgem[en]t of so much of the said Bill of complt as doth concerne the same And for so much therof doth humblie pray to be dismissed forth of this honorable Court w[i]th his reasonable costes and chardges in this behalf wrongfully susteyned Nev[er]theles if he this defendt shalbe compelled to make any further answeare therunto then and not otherwise the advantage and benefitt of exception to thuncertentie and insufficienc[ie]s wherof nowe and at all tymes herafter to him this defendt saved and reserved he this defendt sayeth that the said Bill of complt and the materiall matters and thinges therin conteyned w[hi]ch do in any wise tutch or concerne him this defendt or the moste p[ar]te of them are uniuste and untrue and devised sett forth and alledged by him the said complt against this defendt and others of meare malice and sett purpose as this defendt taketh yt to putt him this defendt and other the said p[er]sons in the said Bill of complt named by great and excesyve coste ...chardge in the law & by way of p[re]vencon thinkinge by that meanes to p[re]vent him this defendt who hath great cause to complayne in this moste honorable Court againste him the said complt and other his complices for many verie great and intollerable rowts ryotts and owtrages by them moste violentlie done and comitted againste him this defendt in assaultinge and woundinge of him this said defendt and his servannts woorkmen and furtherers of his woorke in digginge and gettinge of cole as this defendt[?hopeth?] sufficientlie to .... rather than upon any good cause or ground of matter reasonable so to do and yf he this defendt trusteth this honorable Court will take due consederacon And yett nev[er]theles for Full answeare unto the said Bill of complt and the materiall matter and thinges therin conteyned and alledged w[hhi]ch do [?tutch?] or concerne him this defendt and punishable in this moste honorable Court he this defendt sayeth that as to any rowt ryott unlawfull assemblie ryotous assault batterie unlawfull combynacon or conspiracie or any other misdemeanor in the said Bill of complt alledged to have .... comitted and done by him this defendt against the said complt that he this defendt ys not therof guiltie [?in such sort?] manner and forme as the said complt in and by his said Bill of complt the same hath moste untruly and fryvolouslie alledged sett forth and declared And yett for the more full and p[er]fytt manifestacon of the truth of the said matters and thinges in the said Bill of complt conteyned punishable or determinable in this moste honorable Court he this defendt sayeth that Robt Metford and Henry Metford in the said Bill of complt named are or thone of them ys as this defendt thinketh lawfully seized in their or thone of their demesne as of fee of and in the Lordshipp and mannor of hetton w[i]th ....... in the countie of Northumberland and of all the demesne lands wastes moores and comons lyinge w[i]thin the said mannor and lordshipp of hetton aforesaid and also of and in one great waste moore or comon grownd comonly called or knowen by the name of hetton Ba... lyinge w[i]thin and being p[ar]cell of the said mannor and lordshipp of hetton aforesaid and so by all the tyme wherof the memory of man is not to the contrary hath bine accompted reputed and taken w[hi]ch is the same comon or moore w[hi]ch the said complt in and by his said Bill of complt tearmeth and nameth by the name of Byker more and w[hi]ch he the said complt untruly p[re]tendeth to be p[ar]te and p[ar]cell of the mannor of Byker in the said Bill of complt menconed And that they the said Tobt Metford and Henry Metford or thone of them so beinge of the said mannor ... ... ... demesne lands wastes moores and comons and also of the said great more comon or waste grownds called hetton Banckes w[hi]ch are p[ar]cell of the said more called hetton more seized of such estate as aforesaid and beinge [?resolved?] and p[er]swaded that ther was a myne of cole to [?be found?] w[i]thin the said grownd w[hi]ch might be verie p[ro]fitable and benificiall for the comon wealth of the countrie if the same could be found owt did p[ar]tlie in consideracon that he this defendt should seeke and fynde owt the sayd cole myne and p[ar]tlie for and upon other great consideracons thenn therunto ... their indenture of demise lease and grannt bearinge dayt in or about the firste day of Auguste last past did sufficiently and lawfullie as this defendt taketh yt demise and grannt unto him this defendt aswell all the [?coale?] myne and [?vayne?] of coales lyinge w[i]thin the said more or comon [?called?] hetton Bankes aforesaid and also Free lib[er]tie to syncke pytts or shaftes for the gettinge of Cooles and to digge myne and gett cooles ther and in ev[er]y or any p[ar]te or p[ar]cell of the same as also sufficient wayleaves and stayleaves in all or any p[ar]te of the said more or comon aforesaid [?aforesaid?] to have and to hould to him this defendt for a certeine terme of yeares yett indureinge by force wherof he this defendt into the said moore comon or wast grownd called hetton bancks aforesaid entred and by himself his woorkmen servannts and helpers ... digged and suncke Coolepitts and gotten Cooles ther to the great benefytt and p[ro]fytt of the comon wealth aswell neare therabouts as also in other places w[i]thin this her ma[jesties] realme of England unto w[hi]ch the same cooles are carryed and transported by water daylie And this defendt further sayeth and confesseth that true yt is that he this defendt togeather w[i]th George Wane and Robt Fenwicke two of the woorkmen of him this defndt and likewise also Lyonell Fenwicke Oswall Fenwicke Gerrett Fenwicke and John Fenwicke and dyvers other of the [?frends?] of him this defendt cominge p[ar]tlie to vewe the said woorke and p[ar]tlie also to assiste and help the woorkmen in rulinge or remowinge of great staines wyndinge of coales earth and water or other necessarie busines to be done about the said woorke have many dayes asw.... [?in and?] upon or neareabout as sythens the same dayes in the said Bill of complt menconed repayred and came unto the said more comon or wast grownd called Hetton Banckes aforesaid wher this said defendt and his woorkmen weare for the severall tyme then beinge woorkinge and ther ... soe stayed and helped the said woorkmen to remove stones wynde upp Earth water or Coales and other busines such as was needful and that in verie quiett and frendlie manner and w[i]thout any intent unlawfullie to hurt p[re]iudice or hynder the complt or w[i]thout any force or violence by them or any of them used in any wise other then in their owne defence as he this defendt hoopeth sufficientlie to p[ro]ve to this honorable court For this defendt Further sayeth that in and upon or neare about the seavententh day of September last past he this defendt did send thenn the said Georhe Wane and Robt Fenwicke two of his said woorkmen into the said grownds called hetton Bancks to woorke att and to digge and gett cooles[?myndinge?] and Intendinge that he this defendt and they the said Lyonell Fenwicke Oswall Fenwicke Gerrett Fenwicke and John Fenwicke wold afterwards come unto them and assist them in their woorke And yett he this defendt and the said Lyonell Oswall Gerrett and John Fenwicke before their cominge to the said woorkmen uppon some occacon did goe to Jesmond being not farr distant from the said Coole pitts or place wher this defendt his woorkmen weare appointed and determined to woorke wher they this defendt and the said Lyonell Oswall Garrett and John Fenwicke had not stayed longe about the dispatch of their busines ther [?before?] that one Willm Dent George Dent John Dent Isack Woodrington Robt Spower John Strangishe Edward Whyt and Robert Brigges Frends and servannts unto the said complt and at and by his appointment and direction as this defendt thinketh beinge weaponed w[i]th gunes pistolls Bowes and arrowes and longe lannce staves did unlawfullie assemble them delves in and upon the said moore called hetton Bancke and so beinge assembled did repaire and come unto them the said George Wane and Robt Fenwicke as they weare woorkinge and digginge for or gettinge of Cooles and therupon w[i]th force and violence did affer to dryve this defendt his said woorkmen owt of and from the said woorke colemyne and comon of hetton bancke aforesaid wherupon he this defendt and the said other p[er]sons then remayninge in his company at Jesmond aforesaid havinge intelligence gyven unto him that his said woorkmen weare sore wounded maymed or killed or otherwise dryven and p[er]force constreyned to leave the possession of the said p[re]misses he this defendt and the said Lyonell Oswald Gerrett and John Fenwicke p[ar]tlie for the contynuannce of the lawfull possession of him this defendt but cheefly for the p[re]servacon of the said woorkmen their lyves did p[rese]ntly repaire and come unto the said cole pitts havinge not any such weapons as in the said Bill of complt ys alledged other then such and in such manner as they usually carry w[i]th them And that he this defendt p[rese]ntly and at the tyme of his cominge to theim fyndinge them quarrellinge w[i]th his said woorkmen And desire and require them all to keep her ma[jesties] peace and to keep them selves contented wherupon they the said Willm Dent George Dent John Dent Isaake Woopdrington Robt Spower John Strangiushe Edward Whyt and Robert Briggs in contemptible manner refusinge to be quiett did in verie owtragious sort dischardge their gunes and dagges and did shoot arrowes at him this defendt and all his said Woorkement and helpers in his woorke aforesaid wherby he this defendt and his said woorkmen weare verie sore wounded viz aswell w[i]th the shott of their gunes as of their arrowes and not so contented did contynue such their Force by the space of twelve dayes and yett [?doe?] contynue the same to the great dannger of him this defendt and of his said servannts and to their great hinderannce and lett in gettinge of Cooles And this defendt Further sayeth that he this defendt nor his said woorkmen nor any other p[er]son or p[er]sons by his pryvitie and [?procurement?] did ever repaire unto the said grownd for any other Intent or purpose then only to gett Cooles ther and to Further the said woorke and to contynue this defendts possession of and in the same and that in quiet and peaceable mann[er] so longe as they weare not or should not [?be assalted?] by the complts meanes And that if they did ever use any Force the same was done onely in defence of them selves and to defend theis defendts right and possession and not to hurt or putt the said complt to any losse or hinderance as was and ys well and lawfull for him this defendt to do as he verely thinketh w[i]thowt that that yt is true and materiall that Edmond Lawson the complts Father was ever lawfully seized in his demesne as of Fee of and in the said comon or more callid hetton Banckes as p[ar]cell of his mannor of Byker or that the said Comon or more callid hetton Bancks and wherin this defendt getteth Cooles as aforesaid ys callid by the name of Byker more or ys p[ar]cell of the said mannor of Byker Or that the said Edmond Lawson died seized therof or that the same discended or came or of right ought to have discended or comon unto the Complt as sonne and heire of the said Edmond Or that the complt by force therof ever lawfullie entred or was therof lawfullie seized in his demesne as of Fee or did ever occupye or enioy the same or therof take the p[ro]fytts or did ever lawfully digge sincke or woorke any Colemynes or cole pytts w[i]thin the said moore or comon callid hetton Banckes as in the said Bill of complt ys untruly surmised Or that this defendt hath any way unlawfullie confederated or combyned himself w[i]th the said other p[er]sons in the said Bill of complt named or otherwise since her ma[jecties] laste generall p[ar]don hath any way falsly wickedly unlawfully or ungodlie conspired complotted practized and devised any way unlawfully to Intytle the said Robt Metford and Henry Metford by any p[re]tended tytle in and to the said more and cole mynes aforesaid or to maynteyne the said Robt and Henry Metford their tytle in any other sort then as before is alledged Or that he this defendt hath resolved vowed conspired and agreed utterlie and unlawfullie to disinheret the said complt of the more and cole mynes aforesaid Or in forcible manner and by stronghand to enter into woorke take and gett cooles in the same wrongfullie and otherwise not by good tytle as this defendt thinketh as aforesaid as in the said Bill of complt ys untruly surmized Or that he this defendt togeather w[i]th the said p[er]sons in the said Bill of complt named since her ma[jesties] laste generall p[ar]don did ryotously forcibly and unlawfullie assemble togeather aggrevatinge or gatheringe into there company dyvers and many other lewd and evill disposed people in suche sort as in the said Bill of complt ys alledged and in any other manner or upon any other cause or Intent then as ys aforesaid or that he this defendt and the said other p[er]sons w[hi]ch weare so in company w[i]th him weare armed or arrayed in such warlike and unlawfull manner and att such dayes and tymes as in and by the said Bill of complt ys verie untruly surmized Or that he this defendt and the said other p[er]sons in the said Bill of complt named at the dayes and tymes in the said Bill of complt menconed did unlawfully repaire to the place neare the said more lyinge in Jesmond or from thence did unlawfully send Robt Fenwicke George Wane and Willm Buck or any other ryotous p[er]sons into the said more to digge woorke or sinke a coole pytt in the complts soyle Or that this defendt or any other ryotous p[er]sons did stand readie w[i]th force and in ryotous manner to ayd conntennce assiste or maynteyne the said p[er]sons so sent in such sort as in the said Bill of complt ys alledged and in any other sort then as before ys declared Or that they the said Robt Fennycke George Wawne and Willm Bucke did ryotously and unlawfully at the dayes and tymes in the said Bill of complt menconed enter into the said moore or that they did [?make?] a ryotous assault and affray upon the complts servannts requiringe them quietly to gyve over their woorke Or that the complts servannts did in quiett manner require them to gyve over their woorke and other wise did not w[i]th violence [?assay?] to dryve and expulse them forth of the said woorke Or that then upon he this defendt or any in his company did send any other p[er]sons then armed and arrayed to ayd and assist them or otherwise or in any other manner then as ys aforesaid or cryed to them strycke them downe and kill them in any such sort as in the said Bill of complt ys verie untruly surmised Or that he this defendt or any w[i]th neare in his company in Jesmond aforesaid beinge armed and arrayed as in the Bill of complt ys alledged ryotously or unlawfully enter into the said more or ther did assault the said complt his servannts or w[i]th great terrible or fearfull oathes did threaten to murder or kill them and otherwise did not move them to be quiett and to keep the peace in such sort manner and Forme as before ys alledged Or that this defendt or his said servannts woorkmen or Frends in and upon or neare about the tenth eleveanth or twelfe days of December last did ryotously Forcibly and moste unlawfully and otherwise not in quiett manner and upon purpose to gett Cooles as aforesaid and that lawfully as this defendt taketh yt enter into the said more or other wast threatned or manaced to murder and kill the complts servannts or did ryotously and unlawfully as this defendt thinketh gett digg or myne any cooles ther in such sort manner and forme as the said complt in and by his said Bill of complt hath most untruly alledged sett forth and declared And also w[i]thowt that that any other matter or thinge in the said Bill of complt conteyned w[hi]ch doth in any wise tutch or concerne him this defendt materiall or effectuall in the Lawe to be answeared unto and punishable in this moste honorable Court and not herin before sufficiently confessed and avoyded and avoyded or otherwyse denyed and traversed ys true All w[hi]ch matters this said defendt ys and will be readie to averr maynteyne and p[ro]ve as this honorable Court shall award and humblie prayeth to be dismissed foorth of the same w[i]th his reasonable Costes and chardges in this behalf wrongfully susteyned