STAC 5/M15/12

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Court of Star Chamber:

Robte Myttford v Raphe Lawson, Isacke Witherington, Robert Dent, George Dent, William Dente, John Dent, John Strangwishe, Robert Spore, Edmunde White, Robert Barnes, Henry Brigges, Gerrard Rychardson, John Smarte, John Arkell, Robert Anderson, Robert Atkinson, Andrewe Tompson, William Lawson And Nycholas Fetherstone

Transcript: Dave King


Contents

Bill of Complaint, date tbc:

To the [Queenes most excellent] Ma[jestie]

Moste humbly Complayninge sheweth unto your most Excellent Ma[jestie] your faythfull and Obedyent subiecte Robte Myttford of Sighill in the Countye of Northumberland Esqr That whereas your said subiecte of Longe tyme hath .... been and yett is Lawfully seised in his demeasne as of Fee of And in the L[ordshipp] And mannor of Heyton w[i]th thappurtenances in the Countye of Northumberland whereof ev[er]y demeasne Landes wastes moores And Comon lyeinge w[i]thin the p[ar]yshe of Heyton aforesaid one greate waste moore or Comon grownd comonly called or knowen by the name of Heaton Banckes lyeinge alsoe w[i]th[in] the said p[ar]yshe of Heaton are and by all the tyme whereof the memorye of man ys not to the Contrarye hath been And he your said Subiecte soe beinge thereof seised hath by diveres And many yeares peaceablye And qu[ie]tly occupied and enioyed the same And taken And receaved the rentes yssues And profyttes thereof And hath by her industrie And diligence found digged suncke And wrought Cole mynes And Cole pittes in the same to ...greate benyfyt And p[ro]fytt of the Common Wealth aswell neare there aboutes as also in other places w[i]thin this your Ma[jesties] Realme of England unto w[hi]ch [?Cortes?] there goten are And usuallye have been Carried And transported by water ....ylie in great plentie And where as alsoe your said subiecte soe seised as is aforesaid .................. his workemen servantes And factors in that behaulfe aswell in and upon the viijth day of December in the xxxviijth yeare [of] your Ma[jesties] gracious Raigne as alsoe upon the second daye of January And uppon the xijth day of Januarye in the said yeare did in there usuall And accustomed Lawfully repaire unto or neare such Colepittes And places w[i]th[in] the said moores or growndes Called Heaton Bankes where they then weare soe sinkinge diginge for or [?didginge?] of Coles And wheare they all then beinge in gods peace And your highnes were workinge or aydinge assistinge helpinge the workinge to worke in rulinge or removinge of great stones windinge of Coles earth and water And other necessary busines to be done aboute the same worke suche as was needfull And that in very quyett And [frie]ndly manner And w[i]thout any intente unlawfully to hurte preiudice or hinder Any p[er]son or p[er]sons what soever And w[i]thout any force or vyolence by them or any of them sued or pretended now soe yt is yf yt m[ay] please your most Excellent Ma[jestie] that one Raphe Lawson of Borough w[i]thin the Countye of Yorke Esquier And maligninge the good And prosperous estate of your said Subiecte And the benifitte w[hi]ch by maynes of the s[ai]d Coles thereby your said subiecte found And goten Came not only to your said subiecte but alsoe unto the whole Companye of his workemen And others then And there presente And Mayninge malicyouslye to overthrowe the same worke did most unlawfully And undutifully Continue Compacte And Confederate him selfe together w[i]th one Isacke Witherington Robte Dent George Dente William Dent John Dent John Strangewishe Robert Edmond White Robte Barnes Henry Brigges Gerrard Rychardson John Smarte John Arkell Robert Anderson Robert Atkinson Andrewe Tompson William Lawson And Nycholas Fetherstone unlawfully Conspiringe Contrivinge devisinge practisinge And purposinge w[i]th them And by there maynes w[i]th force And stronge hand & in very outragious desperate And Barbarous manner to murder kill or maynhaine your said subiect And his said workemen servantes factors And frindes w[hi]ch should .... take goe aboute to digge or gette Coles there And cosequently by maynes thereof And by such ..... And ......................... your said subiecte to geve over his said workes therof Clayminge uniustlye to intitle him the said Rauffe Lawson by some pretence or pretended tytle in And to the same moore or more growndes called heaton Banckes And the said Mynes soe by your said subiecte there found as is aforesaid And in p[er]formance of such there unlawfull Conspiracye Complott.. practise and purpose they the said Isacke Witherington Robte Dent George Dent William Dente John Dente John Stranwishe Robert Spoore Edmond White Robert Barnes Henry Brigges Gerrard Rychardson Andrew Tompson John Smarte John Arkell Robte Anderson Robert Atkinson William Lawson and Nicholas Fetherstone And div[er]se other Lewd outragious And evill disposed people dwellinge in the said Countie of Northumberland in or neare the Borders of England against Scotland And alsoe divers Scottishemen dwellinge w[i]thin the Borders of ....... whose Are yet knowen unto your said subiecte to the number of fortye p[er]sons And above the w[hi]ch the the said Rauffe Lawson at And by his specyall meanes And procurem[en]t had as....yated And Joyned in assistance of the reste of the disordered p[er]sons afore named and at And by the specyall instigacon And procurem[en]te of him the said Rauffe Lawson And by his specyall appoyntm[en]te Consent previtie And Commandm[en]t being all of them armed And Arrayed in warlicke manner That is to say [with] swordes daggeres Billes halbertes Bowes And Arrowes pistolles And other Gunes then allreadie Chardged And bente Longe pike staves And divers other weapons as well invasive as defensive not havinge the feare of god before [their eyes] nor ... ..... or regardinge your Ma[jesties] good and holsome Lawes And statutes of this your highnes Realme moste prudently and Lawfully provided And made against Rowtes R.... And other unlawfull Assemblyes And the orders And pr....... thereof but w..... by And willingly incurringe into the breacke And transcegresion of the same of there owne p[er]verse And evill disposicon did in And uppon or neare aboute the xv..th daye of December in the xxxviijth yere of your Ma[jesties] most happ.. And ..... .... Raigne And sithence your Ma[jesties] most gratious last generall p[ar]don most ryotously forcibly unlawfully And in warlicke manner Assemble them selfes togeather in manner of an insurrection aggregatinge And getheringe .... .... Companyes all such Lewde p[er]sons as he the said Raphe Lawson Could by any sinister maynes by him used procure at in And uppon the said more Called Heaton Banckes aforesaid or neare unto the Cole mynes aforesaid And they soe beinge then And there assembled Armed and Arrayed And knowinge before hand that your said subiectes his workemen were then in laboringe And didginge for And gettinge of Coles did then And there in like ryotous outragious and warlike manner unlawfully marche as though it had ben in battayle raye towardes And unto the place where your said subiectes his said servantes & workemen then beinge in the peace of god And of your Ma[jestie] & not mayninge or purposinge any hurt or vyolence to any p[er]son neyther fearinge any to be don & thereuppon findinge your said subiectes his servantes and workemen at there Laboure & worke And altogither inprovided eyther to make Any resistance unto the said Ryotors or defence for the safetie of there owne p[er]sons the said Isacke Witherington George Dent William Dente Jo: Dent Jo: Strang[uishe] Robert Spore Edmond White Robert Barnes Henry Brigges Gerrard Richardson Andrew Tompson John Smarte John Arkell Robte Anderson Robte Atkinson Willm Lawson Nycholas Fetherston And other the said Confederates And associaties the Ryotors Aforesaid upon a like malicyous mayninge towardes your said Subiecte And by And Accordinge to theffecte of such there said Compacte confederacye practise And Confederacie aforesaid at & by the specyall Commandm[en]t Consent & p[ro]curem[en]t of him the said Raphe Lawson And by his privitie did then And there in And upon or neare aboute the same daye And since your Ma[jesties] said Last generall p[ar]don in most ryotous outragious barbarous and disp[er]ate manner havinge there bowes and arrowes pistoles and Gunes w[i]th there furniture alreadie aforehand and p[ro]vided against your said subiecte his said servantes And workemen sett uppon assault & beate wounde And evill intreat your said subiectes his said servantes and workemen And did shoute Arrowes at them And dischardge there pistoles & gunes against them & there w[i]th and w[i]th other there weapons did give unto your said subiectes his servantes and workemen many and div[er]se grevious woundes & therew[i]th did soe discuradge and discomforte them that they did greately dispeare of there lives & yet do langwishe of such hurte they then receaved And the further to shewe there desp[er]ate and evuell intente did most Barbarously duringe the tyme of there outrage & fight Contynueinge as aforesaid ecourage one another & p[ro]test and Confederatly vowe and sweare one to another to kill and not to suffer any to escape w[i]th life w[hi]ch then did or there after should attempt to gett Coles thereby or under the title of your said subiecte to the great discoragem[en]t of your said subiecte and the manifeste breach and Contempt of your Highnes Lawes And yet not so Contented w[i]th such outrage soe by them Comytted as aforesaid although your said subiecte had well p[er]swaded him selfe that he the said Raiffe Lawson & the said ryotors before named whomhe had soe Chosen for his Champions would have bene sorye upon better Consideracon thereof taken for such fowle outrage soe by them Comitted & then Fourth have quietly suffered your said subiecte to have digged & goten Coles theare Accordinge to his said right and upon that p[er]swacon did afterwardes send such worke men as he could p[ro]cure to gett Coles there for the necessary seavinge of the Countie he the said Rauffe Lawson & others his said Confederates aforesaid not contentinge them selfes w[i]th there said former outrages but p[er]ceavinge that your said subiecte upon ................................. to have imbraced peace did seeme to forgett such there misdemaynors And by maynes thereof mistakinge the good mayninge of your said subiecte therein And thereby growinge insolent they the Witherington George Dente Jo: Dent Henry Brigges and other the said ryotous and evill disposed p[er]sones aforenamed beinge all of them armed And arrayed w[i]th such like weapons & in such warlike manner as aforesaid in And uppon or neare aboutes the second day of January in the said xxxviijth yeare of your Ma[jesties] Raigne & sithence your highnes Last generall p[ar]don at w[hi]ch tyme your said subiecte had sent his servantes and workemen unto the said Cole mynes to digge And gett Coles there Accordinge to his good & iust tytle thereof did secondly in like most forcible undutyfull warlike outragious & unlawfull manner & at & by the unlawfull Causinge Commandm[en]t Consent & p[ro]curem[en]t of the said Raphe Lawson or by his previtie assemble themselfes togeather in manner of an insurrection at in And upon the said moore & moore growndes Called heaton Banckes aforesaid or neare unto the Cole mynes aforesaid & they soe beinge then And there assembled armed And arrayed as afores[ai]d & knowinge before hand yt your said subiecte his workemen were then in Laboringe & didginge for & gettinge of Coles did then & there in like ryotous outragious warlicke and forcible manner march as thoughe it were in Battell arraye toward And unto the place where your said subiecte his said servantes And workemen then beinge in gods peace And your Ma[jesties] And not mayninge or purposinge any hurt or vyolence to any neyther fearinge any to be done to them were then in digginge for and gittinge of Coles And there findinge your said subiecte his & workmen at there Labour in forme aforesaid they the said Isacke Witherington George Dent Jo: Dent Henry Brigges and other there Confederates & associates the Ryotors aforesaid upon A like malicyous mayninge towardes your said subiecte by And accordinge to theffecte of there said afore intended practise And Confederacye And at And by the speciall Comandm[en]t Consent And p[ro]curem[en]t of him the said Rauffe Lawson And by his privitie did then And there viz: in or neare aboute the second day of January And since your Ma[jesties] said Last generall p[ar]don in like ryotous outragious forcible and desp[er]at manner havinge there bowes & arrowes pistolles And gunes then already before hand lent And p[ro]vided against your said subiecte his said servantes And workmen sett upon assault beate wound And evill intreate your said subiecte his said servantes and workmen And did shoute Arrowes at them And dischardg there pistoles & gunes against them And therew[i]th And w[i]th other there weapons did geve unto your said subiecte his said servantes And workemen many And divers grevious woundes & did soe discomforte them thereby that the doe greatly dispeare of there lives And yet do languishe of such hurtes & woundes as they then receaved addinge further threatninges & vowes that the would kill mayheme A wound whosoever should gett any Coles theare for your said subiecte & did alsoe the same tyme vyolently And wrongfully take from your s[ai]d subiecte his servantes & breake in sund[er] all such weapons ................................. workmen did Labor for gittinge of Coles & yet not thereof Contented but ................. your said subiecte did likewise ................................................................................................................................................................................. to dige And get Coles there did agayne in like most forcible undutifull warlicke outragious & unlawfull manner & at and ....................................................................................... ........................................... of an Insureccon at in And uppon the said moore or moores growndes Called Heaton Banckes aforesaid or neare unto .......................................... .................................................................... aforesaid & the soe beinge then & there assembled armed arrayed as aforesaid And knowinge before hand that your said subiecte his ............................ likewise in laboringe and didginge for & getting of Coles did then & there in like ryotous outragious warlike and forcible ......... march as thoughe it were in battele array towardes and unto the place where your said subiecte his said servantes & workmen then being in gods peace & your Ma[jesties] weare then in didginge for & gettinge of Coles & there findinge them at there Labore the said Ryottous and evill disposed p[er]sons upon A like malicyous meaninge towardes your said subiecte by And accordinge to the effecte of there said foreintended practise And Confederacye And at And by the speciall Commandm[en]t Concent & p[ro]curem[en]te of him the said Rauffe Lawson & by his privitie did then And there viz in or neare aboute the s[ai]d xijth daye of Januarye aforesaid & sythence your Ma[jesties] said Last generall p[ar]don in like ryotous outragious forcible and desp[er]ate manner havinge there bows & arrowes pistolles And gunes there alreadies before hand bent Chardged And p[ro]vided against your said subiecte his said servantes And workmen set uppon assault beate wound & evill intreate your said subiecte his said servantes And workemen and did shoute [arr]owes at them and dischardged there pistoles and gunes against them And therew[i]th and w[i]th other there said weapons did give unto your said subiecte his servantes & workmen many and divers grevous & deadly wounds and did soe discoradge and discomforte the thereby that they did then greatly dispaire of there lives & did like wise breake in sunder all such work [blank] And engynnes wherew[i]th your subiectes servantes were then workinge And yet not soe Contented but still p[er]sistinge in there like malicious mayninge against your said subiecte they the said Jo: Smarte John Arkell Robert Anderson Robert Atkinson William Lawson Nycholas Fetherstone Isacke Witherington Robert Dent George Dent William Dente John Dent John Strongwishe Robert Spore Edmund White Robert Barnes Henry Brigges Gerrard Rychardson And Andrewe Tompson and other the said ryotors And ryotous p[er]sons aforesaid beinge all of them armed And Arrayed w[i]th such like weapons And in such like warlicke manner as aforesaid in and uppon the xiijth and xiiijth dayes of Januarye aforesaid and at divers and sonndrie other dayes and tymes sithence in the said moneth of Januarye aforesaid at And uppon w[hi]ch said sev[er]all dayes your said subiecte had sent his servantes And workemen unto the said Colemynes to digge And geet Coles there did in like most forcible undutifull warlicke And outragious manner and at and by the unlawfull Causinge Commandem[en]t Consent And p[ro]curem[en]te of the said Rauffe Lawson or by his privitie assemble them selfes together in manner of an Insurreccon at or neare unto the Cole mynes in Heaton Banckes aforesaid And they soe beinge then And there Assembled armed And Arrayed as aforesaid uppon A like malicyous mayninge towardes your said subiecte ............. And Accordinge to thintente of theyre said force intended practise And Conspiracye And by the specyall Commanndm[en]te Consent And p[ro]curem[en]t of him the said Rauffe Lawson And by his privitie did then And there viz at the sev[er]all dayes last before menconed and since your Ma[jesties] said Last generall p[ar]don in like ryotous outragious forcible and desp[er]att manner havinge there Bowes And Arrowes pistoles And gonnes then alreadie before hand bent And p[ro]vided against your said subiecte & his said servantes And workemen then beinge in gods peace And your Ma[jesties] And did shoute Arrowes at them And dischardge th... pistoles And gunnes against them And therew[i]th And w[i]th other there unlawfull weapones did give unto your said subiecte his said servanntes and workemen many grevous And danngerous woundes And thereby did sore discorage And discomforte them that the did then greatly dispeare of there lives And by such there outragious behaver have soe discoraged your said subiecte his workemen that the dare not any further proceed or goe forward in the gettinge of Coles to the great losse And henderance of the Common wealth And of your said subiecte by reason of w[hi]ch outrages And misdeamaynorssoe by the said ryotors and evill disposed p[er]sons Comytted as aforesaid greate C...rse of people inhabitinge neare there aboutes was made to see ....... note the outragious behaviour of the p[er]sons before said w[hi]ch would surely have tended to some greate up.... or Danngerous insurreccon had not your said subiecte in regard of the great Care he had And did beare to the p[re]servacon of your Ma[jesties] peace in every of the same dayes geven peace And yealded to the outragious behavioure of the p[er]sonnes before named And Althoughe your said subiecte hath many tymes in moste gentele And frindly manner required Amd desired them they said Rauffe Lawson Isacke Witherington And other the said Ryotors And evill disposed p[er]sonnes to desiste and [blank] of theire said Iniuryes and wronge doinge therein And alsoe quietly And peaceablye to have p[er]mytted And suffered your said subiecte w[i]th his said servantes And workefolkes to have Continued there said workes And to have digged And goten Coles there for the benefytt of the Countrye And p[ro]fytt of your said subiecte accordinge to your said subiecte his good estate title And interest of in And to the same yet that to doe they and ev[er]y of them have hetherto refused And denyed And yet still doe refuse And denye Contrarye to all Laawe right equitie And good Conscience In .... tender Consideracon whereof And for asmuch as all such Ryottes Rowtes unlawful Assemblyes And other the misdeamenors aforesaid are Comytted and done Contrary to the Lawes And statutes if this realme And the manifeste contempt thereof And ................... wronge And damage of your said subiecte And doe deserve moste severely to be punished to teh good example of other your Ma[jesties] ...vinge And dutifull subiectes And to the terror of others who might thereby be incoragged to Comyt the like .. this should escape unpunished ....... end that the said Ryotous p[er]sons and malefactors aforenamed may receve Condigne punishm[en]t of there offences Accordinge to there demerytes it may therefore please your most Excellent Ma[jestie] the p[re]misses Considered to grant unto your said subiecte your most gratious ............... subpena to be directed to them the said Rauffe Lawson Isacke Witherington Robert Dent George Dent William Dente John Dent John Strangwishe Robert Spore Edmunde White Robert Barnes Henry Brigges Gerrard Rychardson John ...rte John Arkell Robert Anderson ..... Atkinson Andrewe Tompson William Lawson And Nycholas Fetherstone Commandinge them and ev[er]ye of them ther...... a certayne daye And under A certayne payne therein to be lymitted p[er]sonallye to appeare before y..... Excellent in your highnes .......... Corte of Starr Chamber then And there to Annswere the p[re]mises And further to stand to And abide such order And direction therein as to your highnes shall seeme mete And your said subiecte shall Accordinge to .... bounden dutye daylie pray to god [for] the p[re]servacon of your Ma[jesties] most royall p[er]son &c


Answers of Raphe Lawson, Robte Dent & Robte Spore:

The Joynte and severall Answeres of Raphe Lawsone Esquier Robte Dente and Robte Spore defendts to the Bill of Complainte of Robte Mytforde compleynante

The sayd defendts and ev[er]ye of them saveinge to themselves and ev[er]ye of them all advantage of excepcon to the incertaintye & insufficyencye of the said Bill of Complainte for answere therunto they saye and ev[er]y of them for himself sayeth as followeth And First the said Raphe Lawsone for himselfe sayeth as to the co[m]binacon compacte conspiracie and as to the p[ro]curinge of any Ryote Route unlawfull assembles and other misdemeanors in the bill menconed and in the place or places in the bill menconed wherw[i]th he this defendante is chardged & w[hi]ch are determinable in this honorable Courte; he this defendante sayeth that he is therof not guiltye in such sorte manner & forme as in the said Bill is alledged; And the said Robte Dente & Robte Spore for themselves saye; and eyther of them for himselfe sayeth as to the Ryotes Routes unlawfull assembles outrages and other the misdemeanors in the said Bill of Complainte & in the place or places in the bill menconed wherw[i]th they are chardged & w[hi]ch are determinable in this honorable Courte that they are therof not guiltye in such sorte manner and forme as in the same bill of Complainte is sett forthe and alledged; All w[hi]ch matters thes defendts are redye to averr and p[ro]ve as this honorable Courte shall awarde and humblyepray to be dismissed w[i]th ther reasonable Costes and Chardges in this behalfe most wrongfullye susteyned &c

Raphe Lawson Robert Dent X Robti Spore


Interrogatories:

Interrogatories to be ministred for and on the behalfe of Robert Mytford Complt unto Rauffe Lawson Isaack Wotherington Robert Dent John Stranquyshe Robt Spoore Edmond Whyte Robt Barnes Henry Brigges Gerrard Richardson John Smart John Arkell Robert Anderson Robt Atkinson Andrewe Tompson Willm Lawson and Nicholas Fetherston deftes

1 Imprimis do you knowe the mannor of Heaton in the Countye of Northumberland and also one great wast moore or Comon ground Called or knowen by the name of Heaton Banckes or Heaton Moore w[i]thin the said Mannor of Heaton and howe far west dothe the same wast more or Comon ground extend to what Boundes or marches or howe are the Boundes marches or meres thereof called by what nature or title the same ar knowen And who is the lord or right owner thereof to your knowledge

2. Itm do you knowe or have hard of any well or Spring of water in the said wast Moore or Comon ground called Heaton Moore and yf you have by what name or terme is the said well or spring knowen and called or by what name have you hard the same called whether by the name of Braken Well or Heaton Well or do you knowe anye hill in the said Moore called by the name of Heaton Hyll or Bracken Hill or do you knowe that the wall called Adernes Wall or the Pykes Wall dothe devyde the Boundes and Marches betwene Heaton Banckes and Byker Moore or whether do you knowe or have hard the said wall to be Byker Boundes and howe far dothe the same wall extend westward dyrecting the said Boundes

3. Itm whether do you knowe or have harde That one Christofer Mytford Late Alderman of Newcastell in his [life] tyme did digg or make any pitt or quarrey of Stonnes and gett and wynne stones in the sayd wast moore or Comon ground to buylde his howse at Newe Heaton And yf you did in what place of the More, wast or Comon ground, were the said stones gotten And howe long is yt sythence to your knowledge

4. Itm do you knowe or have harde of anye howse that was standing in the said Comon Moore called Heaton Moore or Heaton Banckes, and have hard who did dwell in the said howse and unto whome did the de... therein then dwelling pay Rent do you knowe or have hard that the foundacon or wall of of any howse is yet remayning or hath bene w[i]thin the space of ij yeres last past in the said more or wast ground And what p[er]son or p[er]sons do you knowe or have hard of that Digg or take ..... the fondacons of the said howse or the stones thereof to whose use and p[ro]fitt was the said stones imployed and converted and in what place of the said more was the howse or foundacon thereof and howe was the said howse called or the Tenant therein dwelling whether by the name of [?Mage?] of the Holing Hyll or what other name was the said Tenant known by to your knowledge

5. Itm whether do you knowe or have you harde that the Complt Robt Mytford either by himself and his worke men Servanntes and help[er]s have hearetofore digged and suncke Cole Pittes and gotten Coles w[i]thin the said wast groundes and whether were not the said Coles and Colemyne so first found at the Chardges and by the Cheyfe meanes of the said Complt and howe long sythence were they so found by him And whether have not the Coles w[hi]ch the Complt haithe so gotten there bene usually transported by water for serving of other plaices w[i]thin the Realme of England to your knowledge or as you have hard say

6. Item whether did not you knowe or were made pryvye by the meanes of Rauffe Lawson of Burghe or otherwyse That the said Complt in and upon the xviijth day of December in the xxxviijth yere of her Ma[jesties] Regne and also upon the seconnd day of January and upon the xijth and xiijth day of January in the said xxxviijth yere of her Ma[jesties said Raigne did in usuall manner repaire unto the Cole Pyttes or that they would or were working there or ells Aydyng and helping there the workemen to worke in and about the sincking digging or getting of Coles or other necessarye bussynesses about the same And yf so then howe long before hand when where by whom in whose p[re]sence and to what end and purpose were you so made pryvye and acquaynted therew[i]th or Cald thereof declare the Certentye of the p[ar]tyculers thereof

7. Itm whether dyd not the said Rauffe Lawson or any his Chyldren s[er]vantes Tenantes or factors or any other for him or in his name or by his pryvitye Consent p[ro]curem[en]t and agrem[en]t move p[er]swade or Concell you or anye other the p[er]sons in the said Bill of Complt named or any other p[er]son or p[er]sons whatsoev[er] to your knowledge or as you have hard say w[i]th force violence or strong hand to take up stupp, let or interupt the Complt or his workemen s[er]vantes or factors in that behalfe from syncking digging and getting of Coles in the said Moore or Comon groundes aforesaid and yf so then by whom to whom when where and in whose p[re]sence and upon what occacon was any p[er]swasion or Counsell used or geven to your knoweledge or as you have hard saye declare there and everye of there names and the p[er]sons and the reasons that moved them there unto

8. Itm whether do not you and the said Isaack Wotherington Robt Dent George Dent Willyam Dent John Stranguyshe Robt Spoore Edmond Whyte Robt Barnes Henry Brygges Gerrard Richardson Andrewe Tompsonn John Smarte John Arkell Robt Anderson Robt Atkinson Willm Lawson and Nycholas Fetherston or any of you or any other p[er]son or p[er]sons together w[i]th you or any of you in and upon or then nere about the severall dayes here after menconed that is to say in and upon or nere aboutes the aforesaid eightenthe day of December the seconnd xijth xiijth and xiiijth dayes of Januarye aforesaid in the xxxviijth yere aforesaid Assemble your selves and them together at in and upon the said More called Heaton Banckes and at or nere unto the said Cole Pittes or Cole mynes aforesaid And yf so then w[hi]ch of your and upon howe manye of the dayes so menconed And what p[er]son or p[er]sons and what number of p[er]sons were so there assembled or Comed together declare theire and everye of their names w.. whiche were so assembled and Comed together and by whose p[ro]curem[en]t Concell Causinge p[er]swasion were you or they so assembled and whether by the ... meanes Concell p[er]swacon declare the truthe thereof and whether had you not before suche said Assembley or assembles used conference or speache w[i]th the said Rauffe Lawson or someof his Chyldren servanntes Tenantes or factors therein touching the same And what weapon or weapons had you and they the the said other p[er]sons so then and there assembled at the tyme of suche your assemblye and whether had not the said p[er]sons so assembled at the tyme of suche there assembles or some of them anye any bowes Arrowes Gunnes dagges or dagg and yf so w[hi]ch of them and howe in anye of them the said dagges had they any suche weapons and whether were the said Gunnes or dagges chardged at that tyme of suche assemble to your knoweledge or as you have hard say and to what intent and purpose did yowe or they bring bring w[i]th you or them any suche weapon or weapons And whether did you or they forsee, knowe, or suspect before hand that you should have anye occacon to use any suche weapon declare the truthe thereof.

9. Itm whether dyd you or other the said p[er]sons so there and then at suche said severall tymes so assembled knowe before the tymes of suche said sev[er]all assembles or Comynges together that the said Complt and his workemen s[er]vantes and helpers were then in laboring digging for and getting of Coles and howe dyd they knowe the same or by whom were they so made pryvye to the same And whether dyd not you or they so being assembled together as aforesaid Come all at one together or in troupes by severall Companyes unto the said Cole Pittes where the said Complts s[er]vanntes were so working and laboring at or upon or neare the said dayes aforesaid And whether did not some of you or they then and there in or about the said severall dayes or any of them offer violence force or otherwyse shoote any Arrowes or dischardge any Pistoll or Pistolles or other gunne or gunnes or offer to make showe to shotte any Arrowes or dischardge any Pystoll or Pistolles Gunne or gunnes at or against the said Complt or against all or any his s[er]van[tes] factors or workemen at or nere the said severall dayes whyle they were working or ..... about the the said worke And yf so then what p[er]son or p[er]sons did offer suche violence .... or dyd shote anye Arrowes or dischardge or offer to dischardge any suche pistoll .......... Gunne or gunnes ..... are theire and ev[er]ye of theire ..................................... howe ............ amd in what manner and against what p[er]son and p[er]sons was any suche violence used in any ... or ev[er]y of the said dayes and whether was any p[er]son or p[er]son hurt or woundyd thereby .... and what p[er]sonn and howe and w[i]th what weapon were he or the........................ truthe fullye therein

10. Itm whether was not the said Rauffe Lawsonn then and there in and upon or neare about all and every or any of the said dayes p[re]sent and An Actor amongest them And yf not then whether had he not beforehand purposed the same or p[ro]cured or labored the said p[er]sons so then and there assembled to doe and Act the same or otherwyse was pryvye foreknoweing ayding helping assisting or consenting thereunto or had geven them or any of them direccon therein or ..ire to deme..ne them selves or had lent unto them or any of them any Armor furnyture or weapons by them or any of themused therein And howe when where in whose p[er]sons at howe many and w[hi]ch of the said dayes and to whom declare the Certentye And whether dyd not you and other the said p[er]sons so then and there assembled or some of them encurraidge one another to stand to yt and to beate wounde and kyll the said Complts s[er]vantes or workemen or so many of them as then dyd or thereafter should attempte to gett Coles there by or under the Complt or wordes to the lyke effecte And yf so then w[hi]ch of them dyd so use any suche speaches and at or about w[hi]ch or howe many of the said dayes declare their names and the Certentye thereof.

11. Itm what reason or matter moved you or any other the p[er]sons before named so assembled there as aforesaid to enter into or take upon them the said matter and whether dyd yt Comcern you or them or any of them other then the said Rauffe Lawson either in tytle p[ro]fytt or comoditye and whether did not you or they enter into the into the same upon good wyll towardes to the sayd Rauffe Lawson declare the truthe thereof

12. Itm whether dyd not you the said John Smart John Arkell Robt Anderson Robt Atkynson Willm Lawson Nycholas Fetherton Isaack Wytherington Robert Dent George Dent Willm Dent John Dent John Stranquyshe Robert Spoore Edmond Whyte Robert Barnes Henry Brygges Gerrard Richardson and Andrewe Tompson or any of you or any other p[er]sonn or p[er]sons together w[i]th you or any of them in and upon or at any other dayes or tymes sythence the said xijth xiijth & xiiijth dayes of January in the said xxxviijth of yeare of her Ma[jesties] said gracous Reagne assemble your selves or cometogether at in or upon the said more called Heaton More or Heaton Bannckes aforesaid at suche tyme as the said Complts workemen and s[er]vanntes were in digging and getting of Coles at or nere unto the said Colepittes or Colemynes aforesaid and what number of p[er]sons were so then and there assembled or Comed together declare theire and every of their names and howe often and at what tyme and in what manner they and every of them were so then and there assembled

13. Itm what occacon weare you and they or other the said p[er]sons so then and there assembled and Come together and by whose p[ro]curement Consent causing or p[er]swacon were you and they or any of you so assembled And whether not at and by the meanes Concell Consent p[er]swacon appoyntm[en]t Commandem[en]t p[ro]curem[en]t or Consent of the said Rauffe Lawson declare the truthe therein And whether had you not thentofore used Conference or speche w[i]th the said Rauffe Lawson or someof his Chyldren s[er]vantes Tenantes and factors in that behalfe touching the same and what weapon or weapons had you and they the said other p[er]sons so then and there assembled at the same tymes of suche said assemble and to what intent and purpose dyd you or they bring w[i]th you any suche weapon and weapons And whether dyd you or they foresee or knowe beforehand that you should have any suche Occacon to use any suche weapons

14. Itm whether dyd not yoe and other the said p[er]sons so then and there assembled knowe before the tyme of suche your and their assemble and Comyng together that the said Complts workemen were then in laboring digging or getting of Coles and howe or by what meanes dyd you or they knowe the same or by whome were you so made pryvie to the same And whether then dyd you or they so assembled together as aforesaid Come all at once together or in severall Companyes unto the said Cole pyttes where the said Complts workemen and s[er]vanntes were so working and laboring

15 Itm whether did not you or they or some of them at the tymes of suche your assembles offer violence or force unto or otherwyse shoote any arrowes or dischardge any gune or gunnes pystoll or pystolls or offer or make any shewe thereof at or against the Complt or against all or any his s[er]vantes factores or workemen in any of the said daies or at the tyme of any suche said Assaultes whyle they were working or tending there aboute their worke And whether did not you or they take from the Complt his s[er]vantes and workemen suche tooles as wherew[i]th they were working And whether did not you or they or some of them breake the said tooles and yf so what p[er]son or p[er]sons did offer suche violence or did shoote anye suche Arrowes or dyschardge any suche Pystolle or gune or take away or breake any suche tooles declare their and ev[er]y of theire names and howe manye and howe often and in what ..... and at what daies and against what p[er]son and p[er]sons was any suche violence used and whether was any p[er]son or p[er]sons hurte or woundyd therebye and what p[er]son and howe, and w[i]th what weapon and by whome declare the Certentye thereof.

16. Itm whether was not the said Rauffe Lawson then and there p[re]sent and An Actor amongst them And yf not then whether had he not before hande purposed the same or p[ro]cuered and labored the said p[er]sons so then and there assembled to doe and p[er]forme the same or other wyse was pryvye foreknoweinge helping Ayding assisting or consenting there unto or had geven them or any of them any dyreccone therein or howe to demeane themselves or had lent unto them or anye of them any furnyture or weapons by them or any of them used therein And howe when where in whose p[er]sons to whome declare the Certentye

17 Itm what title Cause reason or matter moved you or other the said p[er]sons so then and there assembled to repaire thether at any day or tyme after the said xiijth or xiiijth daies of January aforesaid or to enter into the said Accon And howe dyd yt Conserne you them or any of them eyther in tytle p[ro]fytt or Comodytie and otherwyse not onelye in regard of your good will towardes the sayd Rauffe Lawson declare the truthe [?so?]


Depositions of Raphe Lawson, Robart Dent & Robart Spoors, dated 9&10 January 40 Eliz:

Deposicons taken at Newburne in the Countye of Northumb[er]land the nynth and tenth daye of Januarye in the Fortye yere of the reigne of our Sov[er]aigne Ladye Elizabeth by the grace of God queene of England Frannce and Ireland defender of the faythe &c By and before William Hodshon George Selbye and Olyver Ogle gent by vertue of her Ma[jesties] Comission out of her heighnes Court of Starr Chamb[er] at Westm[inster] upon the Interrogatoryes hereunto annexed p[ro]duced by Robte Mitforde esquier Complt against Raphe Lawson, Robt Dent, Robt Spore and others defendts as followeth vizt

Raphe Lawson of Broughe in the Countye of Yorck esquier of the age of fyftie yeres or thereaboutes sworne and examined the daye and yere aforesaide sayethe and deposeth as followeth

[1] To the firste Interr he sayeth he knoweth a place called Heaton in the Countye of Northumb[er]land, but Heaton in the p[ar]ishe of Heaton or whether Heaton be a mannor or noe he knoweth not, he sayeth also he knoweth certeyne banckes called Heaton Banckes The bounders whereof he knoweth not certeynlie but as he taketh it Heaton Banckes lyeth north weste from a place called Tuthill to greate Benton alonge upp Use burne, The owners likwise he supposeth to be the Complt, Robt Mitford, and one Chrofer Mitford gent, And further to that Interr he cannott depose//////

[2] 3: To the seconde and thirde Interrogatoryes he Cannott depose/////

4: To the fourthe Interrogatorye he sayethe he knowethe of a milne or twoe, w[i]th millers house or houses upon Heaton Banckes aforesaide northwest of Tuthill And further to that Interr he Cannott depose/////

5 To the fyveth Interr he sayethe That he hath seene a pytt or groove sonck in Heaton Banckes west of Tuthill aforesaide nighe Gosford milne and hath seene wrought out of the same Coles, but by whome he knoweth not, but as he hath hard by the Complt or one Henry Mitford or their servantes and at theire or one of theire prop[er] costes & that the same was about twoe or three yeres paste, But sayeth there was not anye greate quantitye of Coles gotten out thereof nor any quantity thereof caryed to the water to his knowledge or as he hath hard say

6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: & 17: To the sixte, seaventh, eight, nynthe, tenth, Aleaventh, twelveth, thirtenthe, fourtenth, fiftenth, sixtenth and seavententh Interrogatoryes he Cannot depose and denyeth all thinges whereupon he this deponent ys or maye be charged touchinge anye thinge in the same or any of them conteyned accordinge as in his answere he hathe deposed/////


Robart Dent of the towne of Newcastle upon tyne gent of the age of Thirtye and eight yeres or thereaboutes sworne and examined the daye and yere abovesaide sayeth and deposeth as followethe/

1: To the first Interr he sayethe he knowethe Heaton in the Countye of Northumb[er]lande But whether yt be a mannor or noe he knowethe not He sayethe also he knoweth a certeyne p[ar]cell of grounde called Heaton Banckes northweste of Tuthill up Ouse burne to Greate Benton feilde other bounders or m[ar]ches he knoweth not nor cannott depose nether whoe ys the right owner of the saide Heaton Banckes/

2: 3: To the second and thirde Interr he Cannott depose///

4: To the fourthe Interr he sayethe as his p[re]contestes Raphe Lawson hath saide and deposed to the same/././/

5: 6: & 7: To the fyvethe sixt and seaventhe Interr he cannott depose/

8: 9: 10: 11: 12: 13: 14: 15: 16: & 17 To the eight nynth, tenth, Aleaventhe, twelvethe, thirtenth, fourtenth, fiftenth sixtenth and seavententh, Interrogatoryes he cannott depose but denieth All such misdemeanors riotes routes assemblies and other thinges whereby he is asked by the same Interrogatoryes or any of them in asmuch as they touche matters to be don on Heaton Banckes And answerethe to the same as by his answere to the Complts bill he hath answered and not otherwise/////


Robart Spoors of Byker in the Countye of Northumb[er]land yeoman of the age of Fiftie yeres or thereaboutes sworne and examined the daye and yere aforesaide sayeth and deposeth as followeth/

1: To the firste Interr he sayethe he knoweth a place called Heaton in the Countye of Northumb[er]alnd, but whether yt be a mannor or noe he knoweth not he knoweth also a p[ar]cell of grounde called Heaton Banckes lyinge northwest on Tuthill upp Use Burne to Great Benton And further to that Interr he Cannott depose///

2: To the seconde Interrogatorye he Cannott depose///

3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: & 17: To the third, fourth, fyveth, sixte, seaventh, eight, nynth, tenth, Aleaventh, twelveth, thirtenth, fourtenthe, fiftenth, sixtenth and seavententh Interrogatoryes he Cannott depose nor any thinge in them or any of them conteyned But sayethe in all thinges as his p[re]contestes Robt Dent hath saide to ev[er]ye of the same Interrogatoryes and noe otherwise/////


To the quenes most Excellent Ma[jestie] her highenes honorable Counsell in hrt Ma[jesties] Court of Starr chamb[er]

Whereas by vertue of her highenes commission hereunto annexed we the commissioners whose names & sealles be hereunto subscribed & annexed being assembled at Newborne in the Countie of Northumb[erland] the ixte Daie of January in this p[rese]nte fortie year of her Ma[jesties] raigne, and there having first sworne upon the holie evangilist the defendts named in the said commission w[i]th there append namelie Raphe Lawson of Barughe in the Countie of Yeork Esquier Robt Dent gent & Robt Spurr yeoman upon their answere there to us gyven to the Bill of Complt of Robert Mitford Esquier exhibited in the said Court against them w[i]th ... .... w[i]th the said Commission and having also taken them sworne upon the holie evangilist & examyned of the Interrogatories herewith annexed then deliv[er]ed us by the said Robert Mitford for them to be examyned upon, and having touching the p[re]misses accomplished the full power of the aucthoritie of the same So yt is that for full effecting of the teanor of the said commission the said answeres so by us taken and the examynacon was had of the said Defendts having caused the same to be en...sed in p[ar]chem[en]t hereunto being annexed we Do most humblie certifie and retorn to your Ma[jestie] and said Court,together w[i]th the said Bill of Complt Interrogatories & commission sertifying also that the Attorney to the Defendt his name ys Thomas Mylles according as by the said commission we are requyred In Witnes we have hereunto subscribed our names and set our sealles [?yearon?] the Aleventh daie of January in the fortie yere of the raign of our said sov[er]aigne ladie Elizabeth by the grace of god quene of Englande Frannce and Ireland Defendor of the faith &c

Wyllm Hodshon George Selbye Olyver Ogle