STAC 5/B72/12

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Court of Star Chamber:

Robert Brandling v Robert Dente, George Dente, John Dente, James Osburne, Thomas Smythe, Franncis Hearon, Andrewe Tompson et al

Transcript: Dave King

(see also STAC 5/B41/40 for the Bill of Complaint and the answers & depositions of the other defendants)

Interrogatories:

Interrogatories to be ministred to Robert Dent & James Osborne too of the Defendts to the bill of Compleynt of Robert Brandling esquire Compleynt

1 Imprimis whether did one Andrew Tompson and Thomas Steele by the comandment of Robert Dent the defendt, within three yeares last past cut downe a grove w[i]thin the Lordshipp of Jesmond in the Countie of Northumberland w[hi]ch was for the getting of the coles of the plt at Jesmond aforesaid, And whether was the plt in quiet possession thereof by the space of three yeares before the same was so cutt downe as aforesaid

2 Item whether did the said Robert Dent after the said grove was so cutt downe as aforesaid, speake thereof saying that that was not all for that the plt should have more done to him then that, or used wordes tending to the like effect

3 Item whether did the said Georg Dent & John Dent since the said grove was hewen downe as aforesaid offer to shoote a gun or gunnes at the plt, And whether did the said Georg Dent then saie in the hearing of the said Robert Dent at that tyme that they, meaning the said George and his said bretherin, hoped to see the plaintif not worth a grote or any speches tending to the like effect

4 Item whether had the said Dentes the defendts or some of them or there p[ar]teners at the said coleworkes to the number of twentye workfolkes or there aboutes about the getting of coles at a cole pitt in Bicar in the Countie of Northumberland, at or nere the side of a certaine brooke or river there called Usebourne for the most p[ar]t of the space of a whole yeare before the beginning of the moneth of February in the xlijth yere of her Ma[jesties] Raigne, And whether had the said Dentes also an engine at the said cole pittes for the drawing of water out of the said cole pitt, for the most p[ar]te of a yere before the beginning of February aforesaid. And whether did not the said Dentes or some of them or their over man for them cause the said engine for the drawing of water, And the most of the said workfolkes to be taken from the said colepitt neere Usebourne to another colepitt neere to the water of Tyne about a quarter of a myle lower, before or aboute the middest of the said moneth of Februarie And whether did the said Dentes and the said James Osbourne their over man or any of them give out speeches uppon the removing of the said engine and workmen that they would gett no more coles in the said Colepitt neere unto Usebourne but in the said cole pitt neere the water of Tyne/

5 Item whether did the said Thomas Smith and Franncis Hearon the defendts or either of them or any other p[er]son or p[er]sons, worke in the said cole pitt neere the side of the Use Burne after the most p[ar]te of the said workmen and the said engine weare removed unto the said lower pitt, And how long did they and ev[er]y of them so worke, And whether did they worke the pillers w[hi]ch bare uppe the quarry of stone under or neere the side of the said Usebourne during that time or any p[ar]te thereof, And who appointed them so to worke, And whether did the said Dentes and the said Osbourne or any of them appoint them to work in such manner as they then dyd, And if the said Osbourne appointed them so to doe, then whether was the same done by the directon of any of the Dentes, the defendts, and by how many & which of them,

6 Item whether did the quarrie under the river of Osbourne or on that side thereof, that the said Dentes cole myne is brake crake and fall downe, about the latter end of Februarie in the xlijth yere of her Ma[jesties] Raigne, And whether did the river of Use bourne, or a greate p[ar]te thereof rune into the said Dentes ould cole workes, and fill or run into most of the wasted places of the Dentes coleworkes, and thereby at last drowne upp the complainants cole workes neere adioyning, And whether weare the said complainants cole workes in that place drowned upp before the said river did soe run and fall downe through the breaches and crakes aforesaid/

7. Item whether did you James Osbourne a litle before the compleynantes coleworkes weare drowned upp at Jesmond as aforesaid, aske and inquire of any the compleynantes sarvantes workmen or any others whether the said complts cole workes weare drowned upp or noe, And whether did you saie to any p[er]son or p[er]sons whatsoever that the said Complainant w[i]thin twentie dayes, would give xxli to be redd of the water there, And whether did you say that the complts said cole pitt would not cast five tennes of coles before it weare drowned upp, or wordes to any such effect And what weare the same wordes and to whome did you speake the same/

8 Item whether weare you James Osbourne in the Complents colepitt at Jesmond aforesaid a little before the said cole pitt was drowned as aforesaid, And wheather had you then any leave so to doe And for what purpose did you then come thither, And whether weare you forbidden the compleyntes grownd by him or any of his servantes

9 Item whether did the said Complt uppon the drowning of the said pitt at Jesmond aforesaid, cause another new shaft or pitt to bee sunke in another p[ar]te of his said groundes of Jesmond aforesaid, And whether did hee cause a house or the frame and walles of a house, to bee builded and sett upp over the said new cole pitt, And whether weare the walles of the said house broken downe uppon or about the eight daie of November 1600 in the night time, And whether weare the ropes of the cole pitt cutt in peeces, And whether was the rowle of the said cole pitt cast into the bottome of the said cole pitt, And whether weare the sheathes frame and timber worke of the said colepitt broken or cutt and cast downe about that tyme as you knowe or have credible hard/

10 Item whether do you knowe of your owne knowledg or by the confession of any of the defendts in the bill named, or by the credibly report of any others, whoe did or procured all or any the matters in the nynth Interr menconed, if yea then who did or procured the same and every or any p[ar]te thereof, And how and in what manner weare they and every of them armed and arayed, And whether weare you at the doing therof, yf yea, what are all there names that weare then in your company, or if you procured the same then what are all their names that weare so procured as aforesaid, declare what you know or have hard concerninge the matters in the said Inter menconed, And how you know, or of whom you have hard the same/

11 Item whether did Robert Dent Georg Dent and John Dent the defendts in the xljth yere of her Ma[jesties] Raigne draw there, or any of there weapons uppon the Sandhill in Newcastle uppon Tyne, And therew[i]thall assult and strike at Richard Pittes her Ma[jesties] customer of Newcastle aforesaid, being then in peaceable manner walking in his gowne, And how weare the said Dentes and every of them then weaponed, And what woundes or hurtes did they and every or any of them give unto the said Pittes at that tyme, And whether did Robert Dent animate comand or incourage them or any of them that so assulted or wounded the said Pittes to doe the same yea or noe/

12 Item whether weare the aldermen of Newcastle aforesaid or any of them p[re]sent when the said Dentes or any of them offered, the said violence to the said Pittes, And whether dyd they or any, and which of them then require the said Dentes or any of them to put upp there swordes and keepe her Ma[jesties] peace And whether did the said Dentes that notw[i]thstanding continewe there outrage against the said Pittes And whether did they or any of them, then offer any violence to the said Magistrates and to how many and which of them,


Examination of Robert Dent

Exam capt 30 die maij Anno RR Eliz &c 43 supra Interr exte Robt Brandlinge Ar qr ...strat


Robert Dent of Bykar in the Countie of Northumb[erland] gent sworne &c

To the 1 & 2 Interr this def saieth that as concerning the pullinge or cuttinge downe of the grove in these Interr mencioned & the other matters mencioned in these Interr it appeareth by the now Complts owne shewing in his bill now exhibited into this ho[norable] Court against this def & others that he the s[ai]d Complt hath heretofore for the same cause complained against this def & others before her Ma[jesties] Counsell at York And that he this def hath ben there fyned & imprisonned for the same For w[hi]ch cause this deft referreth himself to the opinion of this ho[norable] Court whether he shalbe againe compelled to Annswere the same matters And therefore under reformacon refuseth to make anie further annswere to these Interr unlesse he shalbe otherwise ordered so to doe by this ho[norable] Courte

To the 3. Interr this def taketh himself not bound to annswere as being .....ent to the misdemeanors wherewith he is charged by the s[ai]d Complts bill.

To the 4 Interr he saieth that he this def w[i]th other his p[ar]teners in Coleworkes had about the nomber of xxtie workefolkes about the getting of Coales at a Colepitt in Bikar in the Countie of Northumbe[rland] at or nere the side of a certen brooke or rive[r] called Usebourne, & for the space of 3 or [4] yeares or thereaboutes before the beginn[i]nge of the moneth of Feb[ruary] in the 42th yere of her Ma[jesties] Raigne And he this def w[i]th other his p[ar]ten[ers] & also the Lordes of Jesmonde had an Ingin at the s[ai]d Colepittes for the drawing upp of water owt of these s[ai]d Colepitts for the most p[ar]te of a yeare & a half before the begynninge of Feb[ruary] aforesaied And saieth that he this def & his s[ai]d p[ar]teners before or about the [?middest?] of the moneth of February at such tyme as the water came so extremely upon their workefolkes at the s[ai]d Colepittes that they were inforced to leave worke did cause one James Osborne their overman & their s[ai]d workefolkes to goe to another Colepitt nere to the water of Tyne about a quarter of a mile & more from the s[ai]d Colepitt nere Usebourn And this def saieth that he doth not remember that he this def or the s[ai]d Osborne or anie other upon the removing of the s[ai]d Ingin & worke.... gave out speches that they would gett no more coales in the said Colepitt nere unto Usebourne but in the Colepitt nere the water of Tyne But this def is assured they have gott no more Coles since that tyme in the s[ai]d Colepitt nere Usebourne by reason of the over flowing of the water into the s[ai]d pitt, w[hi]ch overflowing this def beleveth happened by the meanes of the now Complt or of some of his serv[ants] as this def hopeth to prove & make manifest to this ho[norable Court

To the 5. he saieth that he thinketh that Thom[as] Smith & Franncis Hearon did worke in the s[ai]d Colepitt nere the side of Usebourne aftfer the most p[ar]te of the s[ai]d workemen & the s[ai]d Ingin was removed unto the s[ai]d other pitt nere the water of Tyne But how longe they wrought there or whether they did worke the pillars that bare up the quarrie of stone under or nere the side of the s[ai]d Usebourne this def doth not knowe neither did they so worke by this defts direccon or apointment but this def lefte the afores[ai]d James Osborne to give direccon in what sort the s[ai]d p[er]sons should worke at the s[ai]d pittes And whether the s[ai]d Osborne or anie other person did appoint them to worke the s[ai]d pillars or not this def doth not knowe And more he cannot say to this Interr

To the 6. Interr this def saieth that p[ar]te of the quarrie under the s[ai]d River of Useborne on that side that this defts Cole Myne & others his p[ar]teners is did crack & breake downe about the latter end of Feb[ruary] in the 42.th yeare of her Ma[jesties] Raigne but by what meanes the same fell downe this def doth not knowe And this def thinketh that the River of Usebourne or a great p[ar]te thereof did runne into this defts & his p[ar]teners old coleworkes & fille or runne into the same But he hath not ben since there under the grounde to see the same nor doth know whether the same did thereby at last drowne up the s[ai]d Complts coleworkes nere adioyning But saieth that if the s[ai]d Ryver had not drowned up the s[ai]d Coleworkes the water cominge forth so abundantly both from the now Complts Coleworkes & from this defts & his p[ar]teners had w[i]thin xiiij or xx daies drowned up the s[ai]d workes if the saied River had not happened to breake & fall into the s[ai]d workes

To the 7. & 8 Interr this def saieth that these Interr are ministred & intended onely to James Osborne one other of the now defts & doe onely concerne him to annswere

To the 9. Interr this def saieth that the now Complt upon the drowninge of the defts & his p[ar]teners saied Cole pitt at Usebourne did cause another new shafte or pitt to be sunke in another p[ar]te of his the s[ai]d Complts groundes at Jesmond afores[ai]d & the s[ai]d Complt caused a frame or walle of a little house to be erected over the s[ai]d new Colepitte And this def saieth that he hath heard that the walls of the s[ai]d house were broken downe upon or about the 8 day of November 1600 in the night tyme & the ropes of the s[ai]d colepitt cutt in peces & the rollie of the s[ai]d pitt cast downe into the bottome thereof & some of the sheathes frame or tymber work of the s[ai]d Colepitt broke or cutt & cast downe But by what meanes the same was done or what p[er]sons did the same or anie further to the Interr this def cannot depose

To the 10 Interr this def saieth that he doth not know of his owne knowledge nor by the confession of anie of the defts in the bill named nor by credible report of anie others who did or procured all or anie the matters in the 9.th Interr mencioned And this def saieth that he was not at the doinge thereof nor procured the same to be done by anie p[er]son or p[er]sons And more then is afores[ai]d he cannot say to this Interrog

To the 11. Interr this def saieth that touching the [struckthrough - supposed] Riott & assault mencioned in this Interr supposed to be made by this def & George Dente & John Dent in the 41 yere of her Ma[jesties] Raigne upon the Sandhill in Newcastle upon Tyne upon Richard Pittes her Ma[jesties] Custom[er] of Newcastle, this def annswereth that he thinketh he hath allready sufficiently annswered thereto in his annswere made to the now Complts bill in this ho[norable] Court and therein this def referreth himself to the opinion of this ho[norable] Court And therefore doth now refuse to make anie further annswere to that point of the matters of this Interr

To the 12. Interr this def saieth that he doth not know that anie of the Aldermen of New Castle were p[re]sent when the assault & affray was made upon the s[ai]d Pittes But shortly after this def sawe one of the s[ai]d Aldermen nere to the same place where the s[ai]d assaulte & affray was made But what speches the s[ai]d Alderman or anie other then used this def doth not knowe because presently thereupon he this def & the s[ai]d George Dent & John Dent were violently [?pursued?] by some of the Townsmen that they could not attend to [?heare?] what was then spoken but were driven for ...... of their lives to seeke meanes to escape neither did this def & the s[ai]d Georg Dent & John Dent contynue anie further owtrage against the s[ai]d Pittes nor offer anie Violence to the magestrates as is aupposed by this

Interr

Robert Dent