STAC 5/S1/35

From Rpalmer
Jump to: navigation, search

Court of Star Chamber:

John Swynborne v Sir Henrye Percye, Wm Shafto, Robt Harbottle thelder, Robte Grenewell, John Harbottle, Thomas Newton, Edward Smythe, Thomas Haryson, Robt Halso, John Musgrave, Gylbart Erington, Ellexander Grene, Thomas Erington, Robt Whi.., Robt Anderson, John Simpson, Edward Swallwell, Thomas Fenwicke, John Robson, John Hedley, John Shipley, Robt Newton, Edward Rycherson, Wm Bromell, Raulfe Surtes et al

Transcript: Dave King


Bill of complaint

On reverse:

"Attach against ix of those octo hill"

"Ro xv na Michis 1568"



To the Quenes moste excellent Ma[jes]tie our moste Gracious Soveraigne Ladie

Complayning shewethe and enformythe unto yo[u]r highenes yo[u]r Daylie Oratour John Swynbourne of Chapwell w[i]thin the countie palentine of Durrham esquyer That whereas yo[u]r said Oratour amongest [?other thinges?] is lawfullye seased in his Demesne as of Fee of and In one pasture ground called Dukarshagge set lyeing & being w[i]thin the lordshippe & manor of Chapwell aforsayde as p[ar]cell of the same lordshippe & manor and the same hathe quyetlie occupyed & peasyblie enioyed ... .... space of fifteen or syxtene yers last past w[i]thout let or interrupcion of anye p[er]son or p[er]sons untill the xiiijth xvth xvjth & xvijth daye of Aprill past past being the wednisdaye thresdaye Frydaye & sattardaye next before Easter last that certen malycious & evyll disposed [persons] dyd by the comanndement of syr Henrie P[er]cie knighte in most riottous & Forcible maner enter into the forsayd ground called dukars hagge & then & there sometime by nighte somtyme by daye by dyvers tymes & .... plucke downe cut a sunder digge up and quite Distroye & overthrow the quicke set hedge & the dike of the same ground & pasture aforsayd by estimacion to the lengthe of sixscore roodes & more whereuppon yo[u]r said Oratour exhibited his bill of complaynte unto yo[u]r highenes & yo[u]r honorable counsell established in the northe p[ar]ts prayeing redresse & reformation for the said Ryottus & unlawfull demeanures in the premisses agaynst the said syr Henrie P[er]cye & others as by the sayd Bill of complaint yt Dothe & maye playnlye appere wheruppon yo[u]r highnes & yo[u]r sayd honorable counsell did send yo[u]r [letters] missyve unto the sayd sir Henrye P[er]cye & others w[hi]ch were at the former ryotts willing & comannding them & everie of them to p[er]mytte & suffer the said John Swinbourne yo[u]r said Oratour quietlie & peasiblie to occupye & enioye the possessyon of the premisses as yo[u]r said Oratour had done by the space of xxtie yeres last past: otherwyse p[er]sonallye to appere before yo[u]r gracious highenes & yo[u]r sayd counsell at Yorke or els where Imedyatlye uppon the sight of the same [letters] Then & there to shew othere reasonable cause why they ought not or should not suffer the sayd hedge to stand. w[hi]ch [letters] thus awarded were served & delyvered to the sayd sir Henrye P[er]cie & the others accordinglye wheruppon yo[u]r sayd oratour did Imedyatlye make up his hedge againe, hoping that according to yo[u]r graces & yo[u]r honorable counsels comanndment & order enioyned in that behalfe he should have quyetlye & peasiblye possessed and enioyed the same But this notw[i]thstanding (most gracious sov[er]aigne Ladie) synce the aforsaid complaynt [?thus?] exhibyted & ... matter depending before yo[u]r highenes & yo[u]r said counsell at Yorke thaforsayd ryottours & evyll disposed p[er]sons not mynding to be Justifyed before yo[u]r highenes & yo[u]r said Counsell at Yorke nor to abide & stand to yo[u]r said order there: but p[er]suing & conntynuinge ther Ryottowes & unlawfull p[re]tensed devyse w[i]thin iiij dayes [of] yo[u]r highenes [letters] thus directed & served, uppon Monday the xxvjth daye of Apryll last past thaforsaid Ryottus p[er]sons w[i]th dyv[er]s other more {several words obliterated} Did most Ryottuslye & Rowttuslye assemble them selves some at the towne of Prudow a maner of the said syr Henrye P[er]cye being thre quartars of a mile Dystant from the ground called Dukars hagge aforsayde. Other some of them at a wood called Fulchersyde next adioyning to thaforsaid ground called Dakars hagge in all to the nomber of fowerscore & eight p[er]sons or therabowts the names of w[hi]ch p[er]sons be thease. Anthonye Collingwood Willm Mason of Predow castle Thomas Bell John Jenning, Robt Robson Peter Turner, Wm Labourne, Denys Joplinge, John Archer, Raulfe Surtes Wm S....., Mathew Michelson John Coxson Wm Newton, Roger Slater Richard Heworthe Lancelate Thomson, Rychard Forster Wm Smythe, John Person, Widget Grenakers, John Harbottell, Robt Browne, Rychard Robson, Thomas Browne Willm Stobs Robt Thompson of Predow. Thomas Newton, Thomas Brigges, Wm Stobs, Elwood Smythe, Wm Smythe, Raulfe Bowtflower, Willm Hindmers, Jolyn Smythe, Wm Lowrie the younger, John Turner, Thomas Slayter, Willm Slayter of Hedley, Edward Swallwell, Richard Swalwell, John Swalwell, Richard Bates, Roland Hedley, Rowland Surtes, Xpofer Surtes, Androw Jopling, John Eltringham, Wm Surtes the elder, Wm Surtes the younger, Thomas Jopling, John Jopling of Hedley Wood. James Butland, Thomas Herison, John Smythe, [blank] Clarke, Wm Harison, John Clarke, John Harison thelder, John Harison the younger of Harlo on the Hill, George Bates, Gilbarte Berren, John Locke, Robt Lawson, Cutbart Simpson, John Simpson, Roger Wilkenson, John Shiplay, John Smithe, Thomas Button, Gerard Yonger, Wm Byot, John Newton of Horselay. Robt Halse, Edward Rycherdson John Rowmayne Wm Hogge, Widget Slayter John Hunter, Richard Bell Davye Browne, George Clarke, Roger Procter, John Smithe, Thomas Atcheson, Richard Atcheson, Thomas [?Burrell?] Wm ...mayne of Ovingham, in the countye of Northumberland, being armed w[i]th Jackes cotes of plate stele cappes & other suche like armure having speares long lanncestaves & other such like defensyve & warlike weapons & ther rawtuslye contynued thus unlawfullie assembled from the rising of the sonne the same daye till it was after noone of the same at w[hi]ch time they dep[ar]ted doing nothing more for that time. Then the next daye following being tiusdaye the xxvijth daye of aprill thaforenamed Ryottus p[er]sons by the comanndment of the said sir Henrye P[er]cye, ryottowslye & rowtuslie reassembled them selves at the towne of Predow aforsayd being armed as before was last [?remembred?] & then & there came unto them one Gilbert Erington baillie of Newbourne, Lanncelate Erington baill[ie] of Denton & John Musgrave gent accompanyed w[i]th dyv[er]s p[er]sons more (to yo[u]r said oratur as yet unknowen) being armed as before is sayd, w[hi]ch joyned in [?Rowtyer?] assemblie w[i]th the rest so that by estimacyon there were in all to the nomber of an hundred p[er]sons or more havyng on Jacks cotes of plate stele cappes & other suche lyke armure & weaponed w[i]th speares long lanncestaves & other suche warlyke weapons Thease were at the forsayd towne of Predow in the unlawfull & Rowttus maner from the morning tide till the after noone of the same daye & then they dep[ar]ted for that daye doing nothing more / (At w[hi]ch time also the sayd sir Henrye P[er]cye sent one Robt Newton his servannt to a place called chollerton hedge to a horse [?ronnyeg?] whear was a great assemblye bothe of gentlemen & others, his said servannt ryding in post uppon one horse leading an other horse spare in his hand to serve him if the horse he ryd on should have fayled him & ther gave warning to div[er]s & manie p[er]sons bothe gentlemen & others of div[er]s & sundrie townes therabowts especiallie to John Carnabie constable of the castle & baronye of Langley & to Mychaell Stoko baill[ie] of Hadonbrigs to p[re]pare them selves readie in ther most defensible arraye to mete his sayd m[aster] earlye the next morning folowing by the rysing of the sonne of before at his forsaid maner of Predow. Likewise at the same tyme the said syr Henrye P[er]cye sent the like comanndement & warning to John Musgrave gentleman, Gilbart Erington baillie of Newbourne Lancelate Erington baillye of Denton, Robt Harbottell baillie of [?Bemishe?] & to the other constables & baillifs that they w[i]th all under ther rule & governannce should likewise mete him earlye the next morning folowing in ther most defensible arraye at the towne & maner of Predow aforsayde. Likewise he gave the like comanndement to the Quenes ma[jesties] tenants of Tynmouthe & Tynemouthe shire where he himselfe dothe dwell that they should be readie to ride w[i]th him the same night folowing in ther most defensyble arraye unto his said maner of Predow so that he might be there him selfe verie earlye the next morning folowing to mete the companye appointed wheruppon they prepared themselves accordinglye wheruppon the same night the said sir Henrie P[er]cye w[i]th certen of his houshold servants & certen of the Quenes ma[jesties] tenants of Tynmouthe & Tynmouthe shire to the nomber of xxvij whose names be to yo[u]r said oratour as yet unknowen, being on harsebacke well armed w[i]th Jacks cotes of plate stele cappes & suche lyke armure havyng spears swords & bucklers & other suchelike weapons defensyve came ryding towards the sayd towne of P[re]dow but when he was come ix myles on his waye one of his servants met him & told him that he should not nede to be at the plucking downe of the hedge him selfe for th[at] th[at] yo[u]r sayd oratour was from home wheruppon he thoughte ther wold be no resystans, wheruppon the said sir Henrie P[er]cie w[i]th the said companie that came w[i]th him returned home againe. But earlye the next morning folowing being wednisdaye the xxviijth daye of aprill ther came uppon the forsayde warning & comanndement gyven unto the sayd towne of Predow thaforsayd John Carnabie constable of the castle & bearonye of Langley Michaell Stoko baillie of Hadonbrigges, Gylbart Erington baillie of Newbourne Lancelate Erington baillye of Denton John Carnabie constable of the castle of Predow w[i]th div[er]s constables & baillifs more beside div[er]se gentlemen some of Northumberland some others of the countie palent[ine] of Durrham ev[er]ye one accompamyed & bringing w[i]th them certen p[er]sons in armure lyke as before is mencyoned the nomber of w[hi]ch p[er]sons in all were by estymacion CCCC p[er]sons the names of div[er]se to the nomber of CCxxx be thease. John Shipley, George Nicolson, Thomas Bell, Thomas Coxson, John Dennand John Robtson, John [?Kant?], [blank] Storye, Henrie Coxson, John Nycolson, Edmund Robson, Wm Robt Robson, Robt Usher, George Nycolson the yonger of Barrosfurthe. Henrye Dod of Birtley, Edmond Robson, Cutbart Robson & John Robson of Lynmer Hewghe, John Robson thelder John Robson the yonger James Robson & Thomas Hedley of Birtley Sheyls. John Hedley, Robt Lee, John Lee, Clement Hall, John Milbourne Henrie Robson of Birtley Thomas Fenwicke; George Hendmers, Gerrard Watson, Richard Hindmers, Cutbart Spence, Randell Hindmers, Ralfe Hindmers, Robt Hindmers, Robt Browne, John Carre, Bartram Watson, Richard Watson & Wm Watson of Kirkwhelpinton. Wm Shafto Robt Shafto, Roger Shafto, John White, Robt Thompson, P[er]cevall Reysley, John Yonger, Thomas Dixson, John Storye, Wm Anderson, & John Dixson of Ingoe. Widget Wild, Anthonie Foll & Mathew Wylde of Kimblesworthe. Robt Harbottell the yonger, Thomas Hedley, John Layng, Robt Layng & Wm Laing of Bemishe. Robt Steavenson, Robt Grimwell, Raulfe Hunter, Robt Carre & John Catchesyde of Cawsey. Robt Harbottle, Wm Sotherne, James Shafto, of Tamfyeld, Wm Bromell of Laymesley, w[hi]ch said iij last mencyoned townes be in the count[ie] palent[ine] of Durrham & all the rest of the townes be in Northu[m]berland, John Carnabie Constable of the castle of Langley, Mychaell Stoko baill[ie] of Hadonbrigges, Ranold Shafto, Richard Armestrong, Alexander Stoko, Thomas Erington, Wm Erington John Robson, John Armestrong, Wm Hinderson, Nicholas Hescot, Steaven Hescotte, John Robson the yonger, Wm Robson the yonger, Alexander Pescotte Alexander Grene, Wm Moryson, Andrew Corbet, Roger Pigge, Michaell Walker, Wm Grene, Rychard Basnet, Thomas Hinderson, Nycolas Maughen, Clement Maughen, James Marshall, John Trombell, Wm Nycolson, John Hill, Thomas Dixson, George Wilkynson, Robt Haull, Mychaell Sommerson als Suerson, Edward Dixson, Edward Warlyddell, John Chesebroughe, Robt Maughen, John Maughen, John Scarlom, Heughe [?Perko?], Wm [?..son?] & Thomas Swinbourne of the barronye of Langlaye. John Musgrave Anthonye Musgrave the elder Anthonye Musgrave the yonger Anthonie Coxson, Thomas Hininsowe, Thomas ..nold John .... Robt White, Richard Robson Robt Myddleton { - part of line obscured -} Lenard [?Morpeth?] Edward Atkynson, Alexander [?Bayle?], Rychard Hall, Leonard Atkynson, Symond Noble & Leonard Tayllor of Newbourne. Roger Anderson, John Hall, Gilbart Stoko, Robt Chycken, Xpofer Fell, Robt Bell, Anthonye Chicken & Robt Chicken of Wa..bott... [?Walbottle?]. {-part of line obscured-} ...elate Erington baillye of .... Nycholas Erington of Denton. George Browne .... .... & Cutbart Erington bayl.. of Newbourne, w[i]th dyv[er]s mo to the nomber of CCxxx aforsayd whose names ar before Remembred uppon the mondaye the xxvjth of apryll then being there assembled. The rest of the CCCC w[hi]ch remayne here unnamed, be unto yo[u]r sayd Oratour as yet unknowen. And the sayd [riot]ous p[er]sons being thus ryottuslye assembled at the towne of Predow aforsayd, being armed w[i]th jackes cotes of plate stele cappes & other suche like defensyve armure having Lanncestaves spears & other suchelike defensyve weapons they marched for... from the said towne of Predow to thaforsaid wood called Fulchersyde adioyning to the sayd ground called Dukars hagge, being but a little runnyng broke betwixte them & being ther in suche Ryottus & rowttus maner assembled they ser.. from amongs them certen Footemen to the nomber of Cxl unto theforsayd ground & pasture w[hi]ch ryottuslye & Forcyblie entred the said pasture & in most ryottus & forcible maner plucked downe cut asunder & quyte overthrew the sayd hedge, Ther.. ... the said p[er]sons remayned in the wood aforsayd uppon horsebacke as a backewarde readie to have helpen & to have rescued yf anye resystans had been made on yo[u]r said oratours p[er]te & behalfe. & this being thus doone thaforsayd p[ar]ties & ryottus p[er]sons dep[ar]ted for .... tyme. The same daye was one Willm Darneton servant to the sayd sir Henrye P[er]cye at Yorke ther to shew cause for his sayd m[aster] unto yo[u]r highenes & yo[u]r said honorable counsell why he ought not to suffer the sayd hedge to stand but because the sayd syr Hen[rye] P[er]cye came not in p[ro]p[er] p[er]son according as he was comannded by yo[u]r highenes [letter] myssyve, neyther yet by his sayd servant shew sufficyent cause for ye distruccyon of the hedge: Therefore was an order made by yo[u]r highenes & said counsell by his def[ault] That for asmuche as yo[u]r sayd oratour had contynued & enioyed peasyble & quyet possession of the said pasture ground & hedge therof for the most p[ar]te of xxtye yeares last past & nothing shewed by the sayd syor Henrye P[er]cye to the contrary therof. that therfore yo[u]r sayd oratour should contynew & enioye the possess[ion] of the p[re]mysses still, tyll yt were further [?oardeaned?] And also theruppon was a commyshyon awarded from yo[u]r gracyous highenes & yo[u]r sayd counsell unto syor George Bowes & othe[rs] to examyne the Ryotts wherof complaynt was made & to make Dilligent enquyrie for the tryall of the rightfull possess[or] of the same & that the sayd comissyoners should se yo[u]r sayd oratour to have peasyble & quyet possessyon, onles the sayd comyssyoners upp.. reasonable causes them moving should awarde ... contrarye. And the sayd comissyon thus taken by the sayd comissyoners to be by them returned & certifyed to yo[u]r highenes & said counsell at Yorke or els where, whersoev[er] yo[u]r highenes & sayd counsell should be, before the xxth daye of next folowing the date of the same comyssyon: but nothing was doone uppon the sayd comissyon because the comyssyoners met not together w[i]thin the tyme Lymitted unto them wheruppon yo[u]r sayd oratour consyderin.. the order that was made for him by yo[u]r highenes & sayd counsell that he should have & contynew the possessyon according to the order aforsayd, did upppon the iiijth daye of maye last past new make the sayd hedge agayne, hoping that according to yo[u]r highenes & sayd counsells order herin he should peasyblie have enioyed the same. but the same daye after the settyng of the sonne the nighte nere approching ther came unto the sayd ground & pasture one John Carnabye servant to the sayd sir Henrye P[er]cye .. his sayd maysters comanndement, w[hi]ch sayd Carnabie was bonrded & Lay contynnuallie at a towne called Ovingha[m] a mile distant from the ground & pasture aforsayd, to the end that he w[i]th others should overthrow & pull downe the aforsayd hedge as often as yt should be ...de up & at this sayd tyme brought w[i]th him certen p[er]sons to the nomber of lx w[hi]ch had been at the former ryotts the names of xxj of them be thease. First thaforsayde John Carnabie, Roger Lawson of Hoselaye, Edward Rycherson, John Rowman... Wydget Slayter Wm Hogge the yonger, John Tayller, Wm Rowmayne Bartram Rycherson, Rychard Bell & Thomas Burrell of Ovingham. John Harbottell, Wm Systerson, Thomas Bell, Wm Hogge, John Jennyng, Robt Robson, Lanncelate Thompson, Rychard Robson, Robt Browne & Willm Stobs of Predow who w[i]th the rest as yet to yo[u]r sayd oratour unknowen. then & ther most Ryottuslye & forcyblye entred the sayd ground & pasture & ther notw[it]hstandyng that the same daye at the making up of the hedge yo[u]r highenes & sayd counsels order was shewed unto the sayd John Carnabye that yo[u]r sayd oratour should contynew & have the possessyon & the sayd John Carnabye red the same twyse over yet he & the rest not regarding ther dutye & obedyens towards yo[u]r highenes, nor the dannger that might ensue uppon the breache of yo[u]r highenes & sayd counsels order in this behalfe dyd most ryottuslye and contemptouslye plucke downe & overthrow the aforsayd hedge, at w[hi]ch tyme yo[u]r sayd oratours servants dyd s... sayd ryottus p[er]sons w[i]th yo[u]r graces [letters] myssyve as John Harbottell Wm Systerson Thomas Bell of Predow & others comanndyng & enioyning them to suffer yo[u]r sayd oratour to have & enyoye peasyble possessyon wheruppon they [?severed?] them selves & dep[ar]ted for that tyme. wheruppon yo[u]r sayd Oratour knowing his cause to be iust & lawfull & according to equitie & good conscyens hoping that the offendours wold yet at the lengthe remember ther dutyes & obedyens towards yo[u]r highenes, the rather because that some of the sayd offenders were so Latelye served w[i]th yo[u]r highenes [letters] missyve, & not styll encurre the penaltye & dannger of yo[u]r law In breakyng & disobeyeng yo[u]r highenes order & comanndement, did uppon the third daye following beyng the vijth daye of may last past new make & buyld the sayd hedge againe: but at the midnight folowing came thaforsayd John Carnabye (by the comanndement of the said syr Henrie P[er]cye his m[aster]) w[i]th dyv[er]se other in like ryottus & rowtus maner as before & w[i]th the nomber of xxij whose names be, John Carnabye, Roger Lawson of Hoselaye. Roland Hedley, Edward Smallwell & John Smallwell of Hedley Wood. Thomas Newton, Wm Hindmers, Wm Smithe, Wm Stobbes, Raulfe Bowtflower of Hedley. John Rowmayne, Wm Yelder, Thomas Shomaker, of Ovingh[a]m. Roland Surtes Wm Surtes of Hedley Wood. Wm Hogge, Wm Bell, John Soppothe, John Archer, Andrew Haryson, John Harbottell & Wm Systerson of Predow. (thoughe the sayd John Harbottell and Wm Systerson had been latelye served w[i]th yo[u]r highenes [letters] them comannding to the contrarye as was lastlye mencyoned in the last ryotte before) and most ryottuslye & forcyblie entred the sayd ground & pasture & then & there plucked downe & overthrew the hedge aforsayd the rest of the sayd Ryottus companye to yo[u]r sayd oratour as yet unknowen were scattered nere therabowts to have helpen & rescued if nede had requyred & thys being [done] they dep[ar]ted wheruppon shortlye after yo[u]r sayd oratour dyd ones agayne new make the sayd hedge & new cast the sayd dike, & the xxiiijth daye of maye beyng shortlye after yt was further ordered by yo[u]r highenes & sayd counsell at Yorke that yo[u]r sayd oratour should yet kepe & enioye the possessyon of the premysses tyll the matter were further ordered by yo[u]r highenes & sayd counsell there but this notw[i]thstanding the third daye after being the xxvijth daye of Maye, abowt xj of ye clocke in the nighte, ther came unto the aforsayd ground & pasture certen p[er]sons to yo[u]r said oratour unknowen to the nomber of six or therabowts & in lyke ryottus maner & sort as befoare digged downe & cut asunder ...ten gappes in thaforsayd dyke & hedge, but being discried by yo[u]r said oratours s[er]vants they dep[ar]ted awaye for [that] tyme. Then the next daye folowing yo[u]r sayd oratour repayred & made up the said gappes in the hedge & dyke agayne, & so then the said hedge & dike remayned hole & unbroken from that time tylle it was the vijth daye of June last past at w[hi]ch time abowte the howre of mydnighte ther came to the forsaide ground & pasture called Dukars Hagge Adam Hyllton of Tynmouthe & Wm Mason of Predow w[i]th dyvers others by estimacyon to the nomber of xlvj p[er]sons, wherof some were the housholde servants of the sayd sir Henrye P[er]cye & other some of the Quenes Ma[jesties] tenants of Tynmouthe & of other places, being on horsebacke well armed w[i]th Jackes cotes of plate steles cappes & other suche like armure having bowes & arrowes swords & bucklers & other suche lyke weapons defensyve & then & ther most ryottuslye & forcyblie entred into the sayd ground & w[i]th spades mattocks & other engines did most ryottuslye cut downe digge up & overthrow the said hedge & dike but being warned by iiij of yo[u]r sayd oratours servants to leave of ther unlawfull pacte they utterlye refused to do the same, but contynuyng & p[er]sewing there ryottus & unlawfull enterpryse they most maliciouslye & ryottuslye shot divers & manye arrowes at yo[u]r sayd oratours s[er]vants & hyt one yo[u]r sayd oratours s[er]vants whose name was George Palmes in the thighe w[i]th an arrowe, an other of yo[u]r said oratours s[er]vants whose name was James Thompson they het in the heade w[i]th an arrowe, wherof he dyed the third daye folowing besydes dyv[er]se other blowes gyven & dyv[er]se other arrowes shot, for there were found the next daye folowing xxj arrowes in thaforsayd ground being very depe heathe & bushye, wherin manye more that were shot were lost & could not be found. Contrarye to yo[u]r ma[jesties] lawes & statutes & to the p[er]illous example of all suche like offendours if condigne punishement be not herin shortlye p[ro]vyded & to the greate losse & damage of yo[u]r said oratour wherfore may it please yo[u]r highenes in consyderacion of the p[re]misses, to grannt unto yo[u]r said oratour yo[u]r Maiesties wrytte of sub pena to be directed to the sayd sir Henrye P[er]cye, Wm Shafto, Robt Harbottle thelder, Robte Grenewell, John Harbottle, Thomas Newton, Edward Smythe, Thomas Haryson, Robt Halso, John Musgrave, Gylbart Erington, Ellexander Grene, Thomas Erington, Robt Whi.., Robt Anderson, John Simpson, Edward Swallwell, Thomas Fenwicke, John Robson, John Hedley, John Shipley, Robt Newton, Edward Rycherson, Wm Bromell, Raulfe Surtes the others beforenamed p[er]sonallye to appere before yo[u]r highenes & yo[u]r honorable counsell in yo[u]r court of starre chamber at the tyme by yo[u]r highenes wrytte of subpena lymitted, then & there to annswere to all suche Ryotts Rowts & unlawfull demeanours as have been comytted synce yo[u]r oratours complaynt exhibyted unto yo[u]r highenes & sayd counsell at Yorke & wherof yo[u]r sayd oratour hathe not before this tyme complayned And yo[u]r sayd Oratour shall pray &c./



The answer of Sir Henry Percy

The Answere of Sir Henrye Percy Knighte def to the bill of Complaynte of John Swyneburne Complainante

The saide defendante by protestacon not confessinge the saide bill of Complaynte nor anye the contents thereof to be trewe in Suche order and sorte as they bene therin settfourthe, nor that the matter therin alledged be in the lawe sufficiente to be Answered unto but bene rather devysed And imagined by the Complaynante beynge a subtill and evill disposed person hym selfe and hys sayde Serv[a]nts beynge the brackers of the Quenes Maiesties peace and beynge the verey auctors and begynners of suche mysdemeynor as then was commytted as well of intente to deface wythe hys false and Slanderous bill thys defendante in thys honorable courte where moster carefullye accordynge to hys humble duetie he sekethe to obteyne and kepe good credyte as also to putte to excessyve charges thys defendante and hys servants dwellinge in the fartheste parts of thys Realme wythe owte anye good cause or Juste matter so to do. The advantage of the insuffyciencye of whyche Slanderous bill of Complaynte And of all the matters conteyned in the same to thys defendante saved the sayde defendante by protestacon not confessynge anye parte of the materiall contentes of the same Bill to be trewe for Answere therunto sayethe that for asmuche as the sayde Complaynante hathe by hys sayde bill supposed the sayde mysdemeyners to have bene comytted and done wythe in the Countye Palentyne of Durhame wythein whyche all suche offences have bene as well tyme owte of mynde as also by dyvers Anncyente Charters from the Quenes Maiesties Noble progenytors kynges of thys Realme determinable and determined wythein the saide Countye Palentyne and heretofore allowed in this honorable Courte by reason that the byshoppes of Durhame aforesayde for the tyme beinge have longe tym had [?inra?] Regalia wythin the saide Countye Palentyne, And for that alsoe dyvers of the defendants bene indited wythein the saide Countye Palentyne for dyvers of the the matters sette fourthe in the saide bill wher the sayde defendantes reste unto the dewe course of lawe Answerable accordinge to the preveledges and lybertyes of the said Countye Palentyne, And also for that yf the sayde dysorders supposed in the said bill were owte of the Countye Palentyne then the same shoulde and owghte to be determined and determynable before the Quenes Maiesties honorable Councell established in the Northe partes, And before whyche sayde Counsell longe tyme before the saide bill exhybited into this moste honorable Courte agaynste this saide defendante and others named and mentioned in the sayde bill of Complaynte, The saide plantyve did exhibite his severall billes of Complaynt contenninge in effecte the cheifeste parte and Substance of all or the principall parte of the matters alledged in his sayde sclanderous bill to the whiche severall billes this defendante and others have appeared and made answere before the saide Lorde Presydente and counsell and wytheowte pledynge to the Jurisdiccon for that the same arre supposed {-part of line obscured-} the matters are nowe dependinge undiscussed before the Quene {- part of line obsured -} her sayde Councell in the saide Northe partes establyshed and thys Complaynante not therwythe contented for a [?trybill?] vexacon after the sayde severall attemptes and procedynges on thys behalfe by Indytementes in the saide Countye Palentyne and by severall complayntes before the sayde Councell of the Northe partes hathe oftsons complayned a newe in this Courte, Therefore the saide defendants not mysdowtinge in anye respecte the tytle and examinacon of the goodnes of his reasonable and defensable cause in this Courte butte chefelye for the avoydinge of the sayde soundrye vexacons and sewtes in the sayde soundrye Courtes, and for the greate charges of travaile of him selfe and other defendantes named in the saide bill, And also for that he is advertysed that this honorable Courte heretofore in lyke causes have allowed to the sayde Countye Palentyne the sayde Jurisdiccon, therefore the saide defendantes demannde Judgmente, if they shalbe Compelled to make anye further or other Answere to the saide bill in this honorable Courte./