STAC 5/N8/16

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Court of Star Chamber:

Thomas Earl of Northumberland v Thomas Rodam, Robert Rodam, Lancelot Bulman, William Rodam, Richard Frier, William Hearinge, George Taylor, George Willson, James Emelton & Andrew Thompson.

Transcript: Dave King


Contents

Bill of Complaint:

dated on reverse: Quinde trinitates 1565

To the Quenes moste excellente Maiestie

In moste humble manner complayninge; shewithe unto your heighnes your humble and obedient Subiecte Thomas Earle of Northumberlande, That wheare as your saide subiecte was and yet is lawfullie seased in his demeane as of fee tayle of and in the mannor of Alnewike in your graces Countie of North[umberland] by good and sufficient conveyannce in the lawe And so beinge therof quietlie and peaceablie seased one Thomas Rodam and Robte Rodam and dyvers other ryatous and [ev]yll disposed p[er]sones to your saide orator unknowen aboute the seconde yeare of your heighnes Raigne did ryatouslye and forciblie enter into one howse and certen p[ar]cells of lande in Litle Houghton in the saide Countie of North[umberland] p[ar]cell of the saide mannor of Alnewike and then and theare did verie riatouslie and forciblie pull and cutte downe the said howse whereupon your saide Subiecte did comence his accion of trespas against the said Thomas Rodam and Robte Rodam before your maiestie in your Benche wherunto the saide Thomas Rodam and Robte Rodam appeared and pleaded that the howse was the freeholde of the saide Thomas and the saide Robte and others iustified as his sarvanntes wherupon your saide Subiecte and the saide Thomas Rodam and Robte Rodam and others in the same accyon named weare at yssue upon w[hi]ch proces contynewed untill by verdit taken before the Justices of Nisi prius in the saide countie of North[umberland] Thissue was tryed for your saide Subiecte and damages and costes accordinge to thorder and course of the comen lawe taxed and assessed for the w[hi]ch your saide Subiecte had afterwardes iudgement to recover accordinglie And thereupon caused the saide howse to be newlie buylt and reedyfied // Nevertheles so it is if it maye please your heighnes that the saide Thomas Rodam and Robte Rodam not herew[i]th satisfied but myndinge after theire accostomed manner further disorder and breache of your heighnes peace in contempte of your maiestie and of your lawes aboute the eightene daie of November last past in the nighte at Houghton aforesaide did ryatouslie assemble them selves together w[i]th Lanncelot Bulman Willyam Rodam Richarde Frier Willyam Herne George Tellzer James Emyllton George Willson and Andrew Thompson and dyvers other ryatous and disobedient p[er]sones to your saide orator as yet unknowen And then and theare w[i]th swordes staves billes and dyvers other weapons of defence did estsones forciblie ryatouslye and unlawfullie enter into the saide howse in Houghton newlie buylte as is aforesaide and then and theare w[i]th like force and in like ryatous manner did cutte and fell downe to the grounde w[i]th sawes Axes and other engynes the saide howse newlie buylte as is aforesaide contrarie to your heighnes peace crowne and dignytie and to the greate encoragement and p[er]illous example of suche like [ev]yll disposed p[er]sones inhabitinge w[i]thin the saide Countie of Northumberlande unles some spedie remedie be therin had and provided In consideracion wherof and for as muche as the haynousnes and greatenes of the saide ryotte and dysorder doithe requier greate and serius examynacion and to thentent some good ensample maye by the condigne punyshement therof ensue to others your subiectes in these partes Maie it please your heighnes to grannte your graces writ of subpena to be dyrected against all and everie the riatous p[er]sones aforesaide comanndinge them and everie of them therebye p[er]sonallie to be and appeare before your heighnes and your Councell in the starre chamber at a certen daie and under a certen payne therein to be expressed then and theare to annsweare to the premisses and further to stande to and abide suche order and dyrection therin as to your heighnes and your saide counsell shalbe thought meete and convenyent And your saide subiecte shall (as he is most bounden) daylie praye for your heighnes in most princelie felicitie longe to raigne over us/

T. Bromley


Answers of Thomas Rodam, Lancelor Bulman, Andrew Thompson, George Taylor & George Wilson:

[The] Joynt and sev[er]all Annswers of Thomas Rodam Lanncelott Bullman Andrewe Thompson George Taylor & George Wilson deffendanntes to the Byll of complaint of Thomas, Erle of Northumberland complaynannt

[The] sayd deffendanntes saye and everie of them ... ... and sev[er]allie saieth that the sayd byll of complaint against them & ev[er]ie of [them] exhibited in this hon[or]able courte is not onlye for the most parte untrewe & uncerteine but also altogether insufficient in the lawe to [be] annswered unto for divers apparannt faltes therin conteyned And yet nev[er]thelesse if the sayd deffendanntes shalbe by thorder of this honorable corte ...pelled to make anie further annswere to the sayd untrewe & insufficient byll the (thadvanntage of thinsufficencie therof to them the sayd deffendanntes at all tymes hereafter saved) they the sayd deffendanntes for annswere & declaracon of the whole trewth towching the contents of the sayd bill annswere & saye & ev[er]ie of them annswereth & saieth that as to all riottes routtes unlawfull assembles ..... of the peax & other misdemeanors whatsoever supposed in the sayd byll to be comitted & done by the sayd deffendanntes or anie of them they the sayd deffendanntes and ev[er]ie of them are thereof not guiltye in suche mann[er] & forme as in the sayd byll is most untrewlie surmysed & imagined and for further annswere thereunto they the sayd deffendanntes saye that the sayd p[ar]cells of land in Litle Houghton in the Countye of Northumberland menconed in the sayd byll is p[ar]cell of the Lordshipp of Litle Houghton in the sayd countye of Northumb[er]land Of w[hi]ch sayd Lordshipp one John Rodam father of the sayd Thomas Rodam one of the nowe deffendanntes was by good & lawfull conveannce in the lawe lawfullie seased in hys demesne [?as?] of fee taile to hym & to theires males of hys bodie lawfullye begotten & had issue John Rodam & Thomas Rodam one of the sayd deffendanntes And so being therof seased died of such as estate lawfullie seazed After whose deathe the sayd Lordshipp of Lytle Houghton w[i]th thapp[urtenances] discended & came as of right the same ought to have discended & come to John Rodam as sonne & next heire male of the bodie of the sayd John Rodam thelder lawfullie begotten by force whereof the sayd John Rodam the sonne entred into the sayd Lordshipp of Litle Houghton & other the p[re]misses w[i]th thapp[ur]tenances & was likewise lawfullie therof seazed in his demesne as of fee taile to hym & to the heires males of his bodye lawfull ...................... thissues & p[ro]fittes thereof coming he dyd p[er]ceive & take to hys owne p[ro]per use & behofe as Lawfull was for hym to doo And he so beinge therof seazed died of suche an estate Lawfullie seazed w[i]thowt issue male of hys bodye lawfullie begotten after whose death the sayd Lordshipp of Litle Houghton & other the p[re]misses w[i]th theire app[ur]tenances discended & came as of verye right the same ought to discende and come to the sayd Thomas Rodam one of the sayd deffendanntes as sonne & next heire male of the bodye of the sayd John Rodam thelder lawfullye begotten by force wherof the sayd Thomas Rodam one of the satd deffendanntes entred into the p[re]misses & was therof Lawfullye seazed in hys demesne as of fee taile to hym & to theires males of hys bodye lawfullie begotten & thissues & profites ...of [?coming?] rising and groweing did quietlye p[er]ceive & take to hys owne p[ro]per use & behoofe as lawfull was for hym to doo untill nowe of late that one Thomas Ogle Cunstable of Anwike being accompanied w[i]th div[er]s riotouse p[er]sons to the number of threscore p[er]sons or ..... by the comanndement of the sayd Thomas Erle of Northumb[er]land did unlawfullie enter into the same p[re]misses menconed in the sayd byll uppon the possession of the said Thomas Rodam & did dissease the sayd Thomas of the sayd p[ar]celles of land menconed in the sayd byll after w[hi]ch disseisin the sayd Thomas Erle of Northumberland did erecte builde & sett upp a certeine newe framed timber buildinge orhouse of ... the premisses menconed in the sayd bill And afterwardes for that that the sayd Thomas Erle of Northumberland was in the premisses but onlie by [?corte?] & disseisin done by hym to the sayd Thomas Rodam one of the sayd deffendanntes he the sayd deffendannt dyd ...netlye enter againe into the same premisses uppon the possession of the sayd Thomas Erle of Northumberland and was thereof lawfullie seazed as in hys [?premier?] & first estate And he so beinge thereof lawfullie seazed certeine disordered p[er]sons to the sayd deffendanntes unknowne to what number the sayd deffendanntes knowe not w[i]thowt thassent or consent of the sayd deffendanntes or of anye of them dyd enter into the same p[re]misses and puld downe the sayd newe framed buildinge or howse menconed in the sayd byll on the nighte unknowe to the sayd deffendanntes and if there were anie iniurie done to anie p[er]son it was to the sayd Thomas Rodam onelye & if anie have cause of accon for the same he the sayd Thomas nowe deffendannte hath, and not the sayd complaynant for that the same was comytted & done uppon hys possession & Inheritance & not uppon the possession nor Inheritance of the sayd complaynant w[i]thowte that that the sayd p[ar]cells of land beinge in Litle Houghton menconed in the sayd byll is or ever was anie p[ar]te or p[ar]cell of the sayd Mannor of Alnewike in the Countye of Northumberland in suche mann[er] & forme as in the sayd byll is untrewly alleadged but onelye p[ar]cell of the sayd Lordshipp of Litle Houghton, And w[i]thowte that that the sayd Thomas Rodam & Robt Rodam did assemble them selves to gether w[i]th the sayd Lanncelot Bulman Willm Rodam Rychard Frier Wyllm Hearinge George Tailor James Emelton George Wilson & Andrewe Thompson nowe deffendanntes at Litle Houghton aforesayd the sayd xviijth daye of November menconed in the sayd byll in contempte of your maiesties lawes in suche mann[er] & forme as in the sayd byll is untrewlie alleadged Or that the sayd deffendanntes or anie of them did then & there w[i]th swordes staves bylles or anie other weapons unlawfullie enter into the sayd howse in Litle Houghton aforesayd newlie built, Or that they or anie of them did in riotouse mann[er] & w[i]th force fell & cutt downe to the grownde w[i]th Sawes Axes or anie other Ingines whatsoever, the sayd newe built howse in suche mann[er] & forme as in the sayd byll is lickwise untrewlye alleadged Or that they or anie of them were privie unto the pullinge downe of the sayd howse Or that they or anie of them did knowe of the same before the acte was done, And w[i]thowt anye other thinge or thinges in the sayd byll alleadged materyall or effectuall in the lawe to be annswered unto & not in thys Annswere suffycientlye confessyd avoyded denyed or trav[er]sed is trewe, All w[hi]ch matters the sayd deffendanntes is redye to averr & prove & pray to be dysmessed fourth of thys honorable court w[i]th there resonable costes and charges by them most wrongfully susteyned in thys behalffe

R Monnson


Answer of Robert Rodam:

Thannswer of Robert Rodam to the bill of complaynt of the Right hon[or]able Thomas Erle of Northumberlande

The seyd defendannt sayth that as to the disorder breache of the quenes highnes peace ryotte forcyble and unlawfull entree, cuttinge fellinge & pullinge downe of the howse nor of any mysdemeanors menconed in the seyd bill of compleynt that he is not thereof gyltie nor of any parte nor p[ar]cell thereof And also the sayd defendannt Sayeth that he is not tenant of the seyd howse menconed in the seyd bill nor of any parte nor percell therof but utterlie dysclaymeth to have any thinge in the same w[i]thout that that any matter or thinge menconed in the seyd bill of compleynt concerninge the seyd defend materiall to be annswered unto and not in this annswer confessed and avoyded denyed or trav[er]sed ys trewe All which matters this defendannt is redye to averre and prove as this honorable corte shall awarde And prayeth because he is a verye pore man that he maye be dismissed out of this hon[or]able corte w[i]th his reasonable costes and in this behalfe wrongfullie susteined

me...


Answer of Willm Hearinge:

Thannswere of Willm Hearinge one of the defendanntes to the Bill of Complt of the right honorable Thomas Earle of Northumberlonde Complaynannt

The said defend annswere saiethe that the said Bill of complt is insufficient in the law to be annswered unto and the matters therin conteyned onely imagined to vex this defendannt and for none other cause And for annswere and openinge of the trouthe of the s[ur]mised matters in the same Bill conteyned the said defendannt saiethe that as to any riotes route forcible entre or pullinge downe of any house mencoed in the said Bill and supposed to be done by this defend and others or this defend alone this defend saieth that he is not therof or of any p[ar]te therof giltie without that that this defend about the xvijth day of November last past in the night at Houghton in the countie of Northumb[er]land did riotouslie assemble theim selves together with Lanncelet Bulman Willm Rodam Richard Frier George Telzer James Emilton George Wilson and Andrew Thomson in manner and forme as in the same Bill most untrulie is alledged And without that that the defend with others mencoed in the said Bill of complt did at the same time and place mencoed in the same Bill of Complt with Billes staves and other weaponsdefensive forciblie riotouslie and unlawfully into the same house in Houghton newly builded as in the same bill is mencoed and then and there with the like force and in like riotouse manner ..... Cut and fell downe to the grownd with sawes amd axes and other ingines the foresaid howse contrie to the Quenes highnes crowne and dignitie in mann[er] and forme as in the same Bill is also alledged And without that there is any other matter materialle or effectualle to be annswered unto and not in this awnswere sufficientlie annswered denied or trav[er]sed confessed or avoided is true all whiche matters this defendannt will averre and prove as this honorable Court shalle awarde and praiethe to be dismissed out of the same with his reasonable Costes and chardges in this behaulfe wrongfullie susteyned

R: Collvey



Interrogatories:

Intergatories to be ministred on the p[ar]tie and behalf of the right honorable Thomas Erle of Northumberland Complaynant against George Tayler George Wilson & James Emilton defts

1 Firste whether youe knowe the Erle was and is lawfully seased in his demeane as of fee tayle of & in the manor of Alnewicke in the countie of Northumberland & whether youe knowe one messuage or house & certeyn p[ar]cells of land lyinge in Lyttle Houghton nowe in variance betweneye said complt & one Thomas Rodham

2 Item whether youe and certein other p[er]sons in your companie aboute ye seconde yeare of the quenes highnes reigne [did] entre into ye said house & certein p[ar]cells of land in Lyttle Houghton in the said county of Northumberland yea or noe

3 Item howe manye was then in your companie and whether youe or any in your companie did then & there pull & cutt downe the said house or whether youe were previe to the same & what was there names of theyme that dyd comytt the said acte to your knowledge

4 Item whether youe hard any talke or communicacon of the pullinge downe of the said house before ye pullyng downe of ye same house or sythence And whether youe were previe to ye said talke or comunicacon & by whome the same was first moved or p[ro]cured and whan the said talke was

5 Item what weapons the p[er]sons that pulled downe the said house had att ye pullynge downe thereof

6 Item whether te said Erle nowe complaynant dyd ther upon comence his accon of trespas against Tho Rodham & Robart Rodham in ye quenes highnes benche for the said premisses yea or no

7 Item whether the said Thomas & Robart appeared & pleaded that ye same was the freholde of the said Thomas and whether the said Robarte and others iustifyed as [?servantes?] to ye said Thomas yea or noo

8 Item whether the yssue of the said matter before ye quenes Justices in the countie of Northumberland was tryed for the sayd Erle & costes gevento hym accordinglie and whether the said complt afterwardes had judgement to [?recover?] accordingly and whether the said Erle caused the said house to be newly buylte & reedyfyed yea or no

9 Item whether youe Tho Rodham and Robart Rodham or any other p[er]sons by the comandm[en]t or p[ro]curemente of Thomas & Robart Rodham or by ther consents abowte the xviijth daye of November last past in the night tyme at Houghton aforesaid dyd assemble youre selfes together w[i]th Lancelott Bulman Willm Rodam Rychard Fryer and Willm Heringe and dyvers other p[er]sons or any of theme dyd entre into the said house newly buylte and then and there dyd cutt & fell downe to the ground w[i]th sawes axes and other engynes the said house yea or noo

10 Item whether youe were p[ri]vie or assentinge to the fellinge and pullinge downe of the said house and whether youe were present att the pullynge downe of the same house yea or noo

11 Item what weapons youe or the said parsones that was previe to the same had att the same tyme to your knowledge

12 Item what was the cause the same howse was so pulled downe and by whose p[ro]curemente


Depositions of 19 January 8 Eliz (1566):

At Alnewicke the xixth of Januarye in the viijth yere of our Soveraign Ladie Quene Elizabeth Anno dm 1565 The Retorne of the dedimus potestatem here unto annexed ensueth in forme Followynge

George Wilson of Lyttle Haughton servant to Thomas Roddam & Robert Roddam of the age of thirtie yeres or their a boutes sworne & examyned to the fyrst second third forthe Fyfte sixt seventh & eight Interrogatories he Cannot depose but that he knowethe there was three Cowples of Tymber & three Cowpels of sparres sett up in the place of the former howse (as he harde Reported) by the Errle of Northum[berland's] servantes

To the ixth xth xjth & Twelve he cannot depose

George Taylor of Lyttle Hawghton in the Countie of Northumb[erland] yoman of the Age of Thirtie six yeres sworne & examyned To the First seconde thirde fourth fyft sixt Seventh & eight Interrogatories he Cannot depose but that he sawe three Cauples of Tymber sett up in maner & forme as George Wylson hath before hym deposed

To the nynth tenth eleventh and Twelfe he cannot depose

James Emelton of Lyttle Hawghton in the Countie aforesayde servant to Robert Roddam of the Age of xxviijth yeres or there a bowtes sworne and examyned to the Fyrst second thirde Fourth Fyft sixt Seventh and eyght sayeth he cannot depose but as George Wylson and George Taylor before hym hath deposed

To the nynth tenth eleventh and Twelveth he Cannot depose

John Woddryngton Cuthbert Horsly Robert Woddryngton [?H Colwiche?]



Depositions of 23 September 1566:

The deposicons of Thomas Rodam Lancelote Bulman Andrewe Thomson George Taylor and George Wilson Sworne and Examyned, before John Delavall Esquier the xxiijtie daye of September Ao 1566 upon certeyne Interr Ministred by Thomas Erle of Northumberlande by vertue of the Quenes Ma[jes]ties writte of dedimus potestat oute of her graces highe courte of Channcerye at Westm[inster] to the saide John Delavall directed Whiche deposicons aforsaide are as Folowithe

1. George Taylor of Lytle Howghton mylne in the countye of Northumberlande yeoman of thage of Thrittye and sexe yeares or ther aboutes sworne and Examyned, sayethe and deposethe by vertue of his othe To the Fyrste Interr that he cannot tell whether the said Erle of Northumberlande was and ys seased in his demayne as of fee taile of the manor of Alnewicke, nor doithe not knowe anye house or Tenemente withe certayne Landes in Lytle Howghton nowe in varyance But sayethe that he knowethe that ther was thre cople of Tymber and thre cople of sparres set upon an olde wall by Thomas Ogle then constable of Alnewicke George Matcalffe and George Clarkeson and other offycers of the said Erle of Northumberlande But to whome the same belonged he knowethe not

2.3.4.5.6.7.8.9.10.11.13. To the seconnde thride fourthe fyfthe sexte seaventhe eighte nynthe tenthe Eleventhe and twelvethe Interr he sayethe that he dyde not enter into the said house and p[ar]cell of Lande in Lytle Houghton mencyoned in the saide Seconnde Interr nor that he was prevye or knowethe anye thinge conteyned in the said seconnde thride fourthe fyfthe sexte seaventhe eighte nynthe tenthe Eleventhe and twelvethe Interr

1 George Wilson of Eslington in the countye of Northumberlande yeoman of thage of thrittye yeares or ther aboutes sworne and Exemyned upon the Hollye Evangelistes the daye and yeare abovsaid sayethe and deposethe by vertue of his othe to the Fyrste Interr That he cane not depose

2.3.4.5.6.7.8.9.10.11.12. To the Seconnde thride fourthe fyfthe sexte seaventhe eighte nynthe tenthe Eleventhe and Twelvethe, sayethe that he knowethe nothinge nor was p[re]sente nor p[ri]vye to no acte or anye other thinge conteyned in anye of the saide Twelve Interrogatoryes

1. Thomas Rodam of Lytle Howghton in the countye of Northumberlande gentleman of thage of fortye yeares or ther aboutes sworne and examyned upon the Holye Evangelistes the daye and yeare abovsaide sayethe and deposethe by vertue of his othe to the fyrste Interr that he cannot tell whether they the said Erle of Northumberlande was or ys seased in his demayne as of fee taill in the manor of Alnewicke ye or no but sayethe that he doithe well knowe the said house and p[ar]cell of grounde now in variance

.2. To the Seconnde Interr he this deponente, sayethe that he accompanyed Robert Rodam William Heringe of Howycke and one John Swinburne Late of Durham and dyde pull downe the said house in varyance the Fyrste Tyme that yt was buylded by the offycers of the said Erle of Northumberlande but who dide pull downe the same sence yt was buyldede agayne he cane not depose

.3. To the Thride Interr he sayethe as in the Seconnde before he haithe saide,

.4. To the fourthe Interr he this deponente sayethe that he knowethe nothinge Of anye comunycacion hade of pullinge downe the said house in varyance the Latter tyme nor doithe presentlye remember anye comunycacion at the pullinge of the said house the Fyrste tyme but confessethe the same to be his acte and procuremente of pullinge downe the same house the fyrste tyme

.5. To the Fyfthe Interr he this deponente sayethe that he this deponente and the reste of his fellowes named in the Seconnde Interr hade at the pullinge downe of the fyrste house two swerdes and no other wepons

.6. To the Sexte Interr he sayethe that the said Erle of Northumberlande dyde commense suyte in the quenes benche agaynste hym the said deponente and agaynste Robert Rodam and that the same was tryed by a nisi prise at Newcastell And that he this deponent and Robert Rodam were compelled to paye to the said Erle vijli for the same house

.7. To the Seaventhe Interr he this deponente sayethe that he dide pleade that yt ys the freholde of hym the same Thomas Rodam and doithe not belonge to the saide Erle of Northumberlande And that the said Robert Rodam and the others Dide Justefye the pullinge downe of the said former house as sarvantes to this said deponente

8 To the Eighte Interr he this deponent sayethe that the Issue was geven for the said Erle before the quenes Justyces and hade monnye paide unto hym for the same as in the sexte Interr before ys declared And further sayethe that he knowethe that ther was an house reedyfyed and buyldede agayne by the said Erles offycers

.9.10.11.12. To the nynthe tenthe Eleventhe and twelvethe Interrs he this deponent cane saye nothinge nor was prevye nor accounsell of nothinge conteyned in anye of them

.1. Lancelot Bulman of Lytle Houghton in the countye of Northumberlande yeoman of thage of twentye and sixe yeares Sayethe to the fyrste Interr that he knowethe nothinge

.2.3.4.5.6.7 To the seconnde thride fourthe fyfthe sexte and seaventhe he cane not depose,

.8. To the Eighte Interr he sayethe that ther was a newe house buyldede by the commanndemente of Thomas Ogle then constable of Alnewicke,

.9. To the nynthe Interr he this deponent sayethe he was not at the pullinge downe of the same house nor knowethe who dide pull yt downe

.10.11.12. To the tenthe Eleventhe and Twelvethe Interrogatorye he Cane not depose

.1.2.3.4.5.6.7. Andrewe Thomson of Lytle Houghton in the countye of Northumberlande yeoman of thage of xxixtie yeares sayethe to the fyrste seconnde thride fourthe fyfthe sexte seaventhe Interr he cannot depose

.8. To the Eighte Interr he this deponente sayethe that ther was thre cople of Tymber and thre cople of sparres set upe and stones Lade Agaynst them by Thomas Ogle and others

.9.10.11.12. To the nynthe tenthe Eleventhe and twelvethe Interr he this deponente canne saye Nothinge

John Delavall



Replication:

The Replycacion of Thomas Erle of Northumb[er]land to thanswer of Robt Rodam Thomas Rodam & others

The said complenant replyith & saith yt ye said bill of complent is very trew certayn & sufficient in the lawe to be Answered unto Avarringe & maynteninge all & ev[er]y thinge & matter in the said bill Sett forth to be good & trewe as the same ar by hime well & trewly alledgid w[i]thout that yt ye said p[ar]cell of land in Lytle Howighton is p[ar]cell of the lordshippe of Lytle Howighton or yt ye said Thomas Rodam in ye said answer mencioned was by any good or lawfull Conveannce in the lawe lawfully seasid in his demeyn as of fee taill to hime & to thares males of his bodye lawfully begotten of the said p[ar]cell of land in Lytle Howighton as in ye said Answer is untrewly Alleigid & w[i]thout yt that ye said p[ar]cell of land did dissend & Cume or of right owight to dissend & cume to John Rodame as heire maile of the bodye of the said Thomas as in the said Answer is also very untrewly Alleaigid & w[i]thout yt that the said p[ar]cell of land in the said bill mencionid in Lytle Howighton afforsaid or any p[ar]te therof did dissend & come or so owight to doo to ye said Thomas one of ye said defendanntes as sonn & haire maile of the body of ye said John Rodam Thelder lawfully begotten & w[i]thout yt yt the said Thomas Rodam one of the said defendanntes did enter into ye said p[ar]cell in Lytle Howighton & was therof seasid in his demayn as of fee taill to hime & to thares males of his body lawfully begotten & ye p[ro]feits therof comynge & growinge did quyetly p[er]save & take to his owne p[ro]p[er] use as in the said answer is by them the said defendantes falsly & untrewly Alleigid And w[i]thout yt yt the said complenant did unlawfully enter & dissese ye said Thomas Rodame of ye said p[ar]cell of land in Lytle Howighton afforsaid mencionid in the said bill or was in the said p[ar]cell of ground by corte and disseasin as the said defendantes in the said Answer have also most untrewly alleigid And w[i]thout yt that ye said disorderid p[er]sones or ye number of the same wear or be to the said Thomas Rodam & other the defendantes unknowne or that ye said house was not cut downe by the said defendantes themselfes som of them or by the Concentes & assentes of them or som of them as they in ther said answer have most untrewly set fourthe & for them selfes alleigid and without yt that ye said Cuttinge downe of ye said newe byldid Frame in the said bill mencioned & by the said defendanntes Confessid to be cut & pluckid downe in the night, was comyttid and donne upon ye heritammce of ye said Thomas Rodame & of the defendantes & not upon the inheirtance of the said complenent as in the said bill is also most faulsly & untrewly Alleigid & w[i]thout yt ther is any other matter or thinge in the said Answer & in this Replycacon not fully Answerid unto confessid avoidid denyed or travisid is trewe all w[hi]ch matters ye said Complenant is Redy to avere & prove as this honorable Courte shall awarde

C Vavasour



Rejoinder:

The Reioynder of Robert Rodham Thoms Rodham and others defendantes to the replicacon of Thoms Erle of Northumb[er]lande Complaynant

The said deffendantes saie that their said annswere is true certaine and sufficient in the Lawe to be Replied unto And for reioynder do averre mayntayne and Justifie their said Annsweres and all and everie thinge and thinges therein Conteyned to be good iust and true in suche manner and forme as they before in their said annsweres have truelie alleadged with this that the said defendanntes are well able to prove that the said p[ar]cell of Lande in Lytle Houghton menconed in the said bill is p[ar]cell of the Lordshipp of Litle Houghton And that the said John Rodham menconed in the said Annswere was by good and lawfull Conveyance in the lawe lawfullie seazed in his demeasne as of fee taile to him and to the heires males of his bodie lawfullie begotten of and in the said p[ar]cell of lande in Litle Houghton and that the said p[ar]cell of lande did after the deathe of the said John Rodham thelder lawfullie discende and come unto John Rodham as sonne & heire male of the bodie of the said John thelder And that the said John the younger entred into the premysses and the p[ro]fittes therof comyng during his life did qietlie p[er]ceive and take and died therof of suche an estate lawfullie seazed And that the premysses did after the deathe of the said John Rodham the younger discende and come to the said Thomas Rodham one of the said deffendantes as sonne and heire male of the bodie of the said John Rodham thelder lawfullie begotten And that the said Thomas one of the said deffendanntes did after the deathe of the said John Rodham the younger enter into the premysses And thissues and p[ro]fittes therof comyng risinge and growing did quietlie p[er]ceive and take to his proper use and behoofe as lawfull was for him to do untill the said Thomas Ogle menconed in their said Annswere and other Riotous p[er]sons to the nomber of thre score p[er]sons or more by the Comanndement of the said Thomas Erle of Northumberlande nowe Complaynant did unlawfullie enter into the premysses uppon the possession of the said Thomas one of the said deffendantes and did dissease the said Thomas Rodham of the premysses in suche manner and forme as they before in their said severall and ioynt annsweres have verie iustlie playnelie and truelie declared and alleadged without that that the said newe builded house was Cutt downe by the said deffendantes or anye of theim or by the Consentes and assentes of theim or anye of theim Or that they or anye of them have Comitted and done anye Riott otherwise or in anie otheir manner or forme then they before in their said annsweres have truelie and playnelie alleadged and declared And without that that anie other thinge or thinges menconed in the said Replicacon materiall or effectuall in the lawe to be reioyned unto and not in their said annswere and this reioynder suffientlie confessed and avoyded denied or traversed is true All wiche matters the said deffendantes arr redie to averre and prove as this honorable Court shall awarde And praye as before in their said Annswere they have prayed &c

R Monnson