STAC 5/F24/4

From Waalt

Court of Star Chamber:

Randall Fenwicke v Rauffe Laweson, Isacke Witherington, Robte Dent, George Dent, Willm Dent, John Dent, John Strangwishe, Robte Spoore, Edmond White, Robte Barnes, Henry Brigges, Gerrard Richardson, John Smart, John Arkell, Robte Anderson, Robte Atkinson, Anderewe Tompson, Willm Laweson and Nicholas Fetherston

Transcript: Dave King


Interrogatories:

Interrogator[ies] to be ministred for and on the p[ar]tie and behaulfe of Randall Fenwicke Complt unto Rauffe Laweson Isacke Witherington Robte Dent George Dent Willm Dent John Dent John Strangwishe Robte Spoore Edmond White Robte Barnes Henry Brigges Gerrard Richardson John Smart John Arkell Robte Anderson Robte Atkinson Anderewe Tompson Willm Laweson and Nicholas Fetherston defendts

1 Imprimis whethe[r] doe youe knowe the manor of Heaton in the Countie of Northumberland and alsoe the great wast more or Comon grounde Called or knowene by the name of Heaton Banckes, Lyinge w[i]thin the said manor, And whether doe youe not knowe or have harde, that Robte Mytford esquier & Henry Mytford of Newe castell marchantes binge Lordes of the said Manor, or thone of them did make a lease of the Cole myne and vayne of Coles Lyinge w[i]thin the said more Called Heaton Banckes and thereby did grannt Lybertie to gett Coles to Sincke pittes or Shafts for the gettinge of Coles theare and in every or any p[ar]te thereof unto the said Randle Fenwicke the Complt for tearme of yeares yet enduringe And howe longe sithenc did youe first knowe or heare of the same

2 Item whether doe youe knowe or have hard that hee the said Randall Fenwike by [him]selfe or ....... workemen, S[er]vantes and helpers, have heretofore digged, and Suncke Colepittes ........................................ the said wast groundes and whether weare not the said Coles and ....................................... Chardges and by the Cheefe meanes of the said Complt. And howe ........ ..hence we.. they ............ by him. And whether have not the Coles w[hi]ch the Complt hathe soe gotten ...... been usuallie ..... transported by water for the servinge of other places w[i]thin the Realme of England to your knowledge or as yow have hard say

3 Item whether did yow not knowe or were mad privie by the meanes of Rauffe Laweson of Burgh or other wise, that the said Complt and div[er]se of his workemen s[er]vantes and factors in and uppon the xviijth day of December last past and alsoe in and uppon the secoand day of January and uppon the xijth and xiijth day of January Last past would or did in usuall man[ner] Repaire unto the said Colepittes or that they would or weare woorkinge or els aydinge or helpinge theare the workemen to worke in and about the Sinckinge and digginge for or gettinge of Coles or other theire Necessarie busines about the same And if so then howe longe before hand, when, wheare, by whome, in whose p[re]sentes, And to what end and purpose weare youe soe made privie or acquainted therew[i]th, or told therof declare the Certentie of the p[articulers therof

4 Item whether did not hee the said Rauffe Laweson or any his Children s[er]vantes tenantes or factors or any other for him or in his name or by his privetie Concent p[ro]curem[en]t or agreem[en]te move p[er]swade or Councell youe or any 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 youe have hard say w[i]th force violence or stronge hand to take up stopp lett or Interopt the Complt or his workemen s[er]vantes or factors in that behalfe from Sinckinge digginge or gettinge of Coles in the said moor or Comon groundes afforesaid, and if so then by whom to whome when where and in whose p[re]sentes and uppon what occacon was any suche p[er]swasion of Councell used or geven to your knoweledge or as yow have hard say declare theire and every of theire names and the p[er]sons and Reasons that moved them there unto

5 Item whether did not youe and the said Isacke Witherington Robte Dent George Dent Willm Dent John Dent John Strangwishe Robte Spoore Edmond Whit Robte Barnes Henry Brigges Gerrard Richardson Anderewe Tompson John Smart John Arkell Robte Anderson Robte Atkinson Willm Laweson and Nicholas Fetherston or any of youe or any other p[er]son or p[er]sons together w[i]th youe or any of youe in and uppon or neere about the sev[er]all dayes hereafter menconed that is to saie in and uppon or neere about the Eightenthe day of December the seacond Twelft thertenthe and Fourtenthe dayes of January last past or any of them Assemble your selves or Cometogether att in and uppon the said more Called Heaton Banckes and at or neere unto the said Colepittes or Colemynes afforesaid And if soe then w[hi]ch of yow and howe often and uppon howe many of the said dayes before menconed and what p[er]son or p[er]sons and what nomber of p[er]sons weare soe theare Assembled or Comen together declare theire and everie of theire names w[hi]ch weare soe Assemblede

6 Item upon what occacon weare you they soe Assembled or Comene together and by whose p[ro]curem[en]t Councell Causinge or p[er]swasion weare youe or they soe Assembled and whether by or att the means Councell p[er]swasion appointm[en]te Comandem[en]te privitie or by the concent of the said Rauffe Laweson declare the truthe thereof, And whether had yow not befor suche said Assemblie or Assemblies used Conferannce or speeche w[i]th the said Rauffe Laweson or some his Childeren s[er]vantes tenantes or factors therin towchinge the same. And what weopon or weopons had youe and they the said other p[er]sons soe then and there Assemblede at the tyme of suche your assemblie. And whether had not the said p[er]sons soe assembled at the tyme of suche theire Assemblies or some of them any bowes arrowes gonnes dagge or dagges And if so w[hi]che of them and at howemanie of the said dayes had they any suche weopons and whether weare the said Dagges or gunes then Chardged at the tyme of suche Assemblies to your knowledge or as youe have hard saye and to what Intent and purpose did yow or they beinge w[i]th youe or them any suche weopon or weopons. And whether did yow or they forsee knowe or suspect before hand that yow should have any occacon to use any suche weopon or weopons declare the truthe

7 Item whether did not yow or other the said p[er]sons so theare and then at such said sev[er]all ......... assembled knowe before the tyme of such theire said sev[er]all assemblies or cominge together ......... said Complt his workemen weare then in ....... digginge ........... gettinge of Coles, And ..... did they knowe the same or by whome weare they soe made p[ri]vie to the same, And whether ...... youe or they soe beinge assembled together as afforesaid Come all at once together or in tr.... by sev[er]all Companies unto the said Colepittes where the said Complt his s[er]vantes weare so workinge and Laboringe att and uppon or neere the said Sev[er]all dayes afforesaid, And whether did not they then and theare in or about the said sev[er]all dayes or any of them offer any violenc force or otherwise shoote any Arrowes or dischardge anie pistoll or pistolles or other gone or gonns or offer to make shewe to shoote any Arrowes or dischardge any pistoll or pistolles gonne or gonnes att or against the said Complt or against all or any his s[er]vantes factors or workemen att or neere the said sev[er]all dayes whyle they weare workinge or tendinge about the said worke And if so then what p[er]son and p[er]sons did offer suche violence or Force or did shoote any Arrowes or dischardge or offer to dischardge any suche pistoll or pistolles gonne or gonnes declare theire and every of theire names and howe manie and howe often and in whatt man[ner] and against what p[er]son or p[er]sons was such violence used in any and every of the said dayes. And whether was any p[er]son or p[er]sons hurt or wounded therebie, And what p[er]son and howe and w[i]th what weopon we... hee or they soe wounded declare the truthe fullie therin

[8] Item whether was not the said Rauffe Laweson then and there in and uppon or neer about all and every or any of the said dayes p[re]sent and an actor amongest them, And if not then whether ... ... not before hand p[ro]pose the same or p[ro]cured or labored the same p[er]sons soe then and there assembled to doe and acte the same or otherwise was p[ri]vie foreknowinge Aydinge helpinge assistinge Concentinge thereunto or had geven them or any of them any direccons therin or howe to .... ...asne them selves or had lent unto theme or anye of them any Armor Furnyture or weopons .... them or any of them used therin and howe when wheare in whose p[er]sons and at howemanie and w[hi]ch of the said dayes and to whome declare the Certentie And whether did not yow and other of the said p[ersons soe then and theare assembled or some of them In..raige one another to stand unto yt and to beat wound or kill the Complt his servantes or workemen or soe manie of them as then did or thereafter should attempt to gett Colles there by or under the Complts tytle or wordes to the licke effect and if soe then w[hi]ch of them did use anie suche spechees and att or about w[hi]ch and howemanie of the said dayes declare theire names

9 Item what reason or matter moved yow or any other the p[er]sons before named soe Assembled then as afforesaid to enter into or take uppon them the said matter and whether did yt Conc[er]ne yow or them or any of them other then the said Rauffe Laweson eyther in tytle p[ro]ffitt or Comoditie, And whether did not yowe or they otherwwise soe enter into the same uppon good will towards the said Rauffe Laweson declare the truthe therof

10 Item whether did not youe the said John Smart John Arkell Robte Anderson Robte Atkinson William Lawson Nicholas fetherston Isacke Witherington Robte Dent Willm Dent John Dent John Stranguishe Robte Spoore Edmond Whyt Robte Barnes Henry Brigges Gerrard Richardson and Anderwe Tomson or any of them or any other p[er]son or p[er]sons together w[i]th youe or them or any of them in and uppon or at any other dayes or tymes sithence the said xijth xiijth & xiiijth dayes of January last or duringe the said monthe of January Last past Assemble your selves or Come together att in or uppon the said more Called Heaton Banckes afforesaid att w[hi]ch tyme as the said Complt his workemen and s[er]vantes weare in digginge and gettinge of Coles at or neere unto the said Colepittes or Colemynes afforesaid And if soe then w[hi]ch of yow or any of youe and what other p[er]son and p[er]sons and whatt nomber of p[er]sons weare soe then and theare assembled or Comen together declare theire and everie of theyre names and howe often and at what dayes and tymes and in what man[ner] they and every of them weare soe then and there Assembled

11 Item upon what occacon weare youe and they or other the said p[er]sons soe then and theare assembled or Comen together And by whose p[ro]curem[en]t Councell Causinge or p[er]swasion weare yow and they or any of yow soe Assembled, And whether not att and by the meanes Councell p[er]swasion appointm[en]t Comandm[en]t p[ro]curem[en]t privetie concent of the said Rauffe Laweson declare the truth therin, And whether had yow not thentofore used Conferanc or speeche w[i]th the said Rauffe Lawson or some of his Children S[er]vantes tenantes and factors in that behalfe towchinge the same and what weopon or weopons had yowe and they or the said other p[er]sons so then and there assembled at the same tyme of suche said assemblie, And to what Intent and purpose did yow or they bringe w[i]th yow any suche weopon or weopons, And whether did yow or they forsee or knowe before hand that yow should have any occacon to use any suche weopon declare the truthe thereof

12 Item whether did not youe and other the said p[er]sonssoe then and there assembled knowe before the tyme of such your and theire assemblie of Cominge together that the said Complt his workemen weare then in laboringe digginge for or gettinge of Coles and howe or by what meanes did youe or they soe Assemble togethere as afforesaid Come all at once together or otherwise in sev[er]all Companies unto the said Colepittes wheare the said Complt his said workemen and s[er]vantes weare soe workinge & laboringe

13 Item whether did not yow or they or someof them then and theare vidy att the tymes of suche your Assemblies offer violenc or force unto or otherwise shoot any arrowes or dischardge any gonne or gunes Pistoll or Pistolles or offer or make any shewe therof att or againste the Complt or againste all or anye his s[er]vantes Factors or workemen in any of the said dayes or att the tyme of any suche said Assemblies while they weare woorkinge or tendinge there about thire worke And whither did not yow or they take from the Complt his s[er]vantes and workemen suche tooles as wherew[i]th they weare workinge, And whether did not yow or they or someof them breake the same And if soe what p[er]son and p[er]sons did offer suche violenc or did shoot any suche arrowes or disch[arge] any suche Pistolles or gonne or take away or breake any suche tooles declare theire and every of [their] names and howe manie and howe often and in what man[ner] and att what dayes and against what [person] and p[er]sons was any suche violence used, And whether was any p[er]son or p[er]sons hurtt or wounded thereby and what p[er]son, and howe, and withe whatt weopon & by whome declare the Certentie

14 Item whether was not the said Rauffe Laweson then and theare p[re]sent an Actor Amongest the.. And if not then whether had hee not beforehand p[ro]posed the same or p[ro]cured or labored the said p[er]sons so [then and there] assembled to doe and p[er]forme the same or otherwise was privee forknowinge Aydinge helpinge assistinge [and] Concentinge thereunto or had given them or anie of themany direccons therin or howe to dem.... them selves or had Lent unto theme or any of them any Furniture or weopons by them or any of them used .... And howe when wheare in whose p[re]sentes and to whome declare the Certentie.

15 Item what tytle Cause reason or matter moved yow or other the said p[ar]ties soe then and theare assembled to Repaire thither at any daye or dayes after the said xiij or xiiij dayes of January afforesaid or to enter in to the said Accon, And howe did yt Conc[er]ne yow them or any of them either in tytle p[ro]ffitt or Comoditie and otherwise not onlie in Regard of your good will towardes the said Rauffe Laweson declare the truthe


Deposition of Robert Dent, dated 24 May 38 Eliz:

Exam Capt xxiiijto die maij Anno Re Regne Elize xxxviij

Sup Inter ex pte Randall Fenwicke quer m.......

Robert Dent of Newcastell uppon Teyne gent adged xxxvij yeres or thereaboutes sworne sayeth

To the first Inter this def sayeth that he doth knowe Heaton in the Countie of Northumberland but whether it be a mannor or no this def knoweth not and this def allso sayeth that he doth knowe the greate wast more in the Inter mencioned Comonly Called by the name of Byker More Biker Edge or Biker Bankes ar reputed and taken to be a p[ar]cell of the Mannor of Byker for that the Lords of the sayd m[a]nnor of Biker have time oute of minde of [m]an grased Forreners Catell uppon ... sayd more and common grownd in Controver[sie] where Certen Cole pites are digged and es......... of Sandgate adioyning nere to me... C.......... and receaved yerely Comodetie for the sa.. ....... Interuption of any of Heaton or .................... and this def further sayeth that he ....... heard by report that the sayd Rober[t] Mytford esq and Henry Mytford of New[castle] did make a lease to the Complt of ...... Colemynes but in what Cumpliss of g...... the sayd Colemynes were lyinge this [def] knoweth not neyther hath he seene a[ny] suche lease

To the ijd Inter this def sayeth that the s[ai]d Randall Fenwyke w[i]th his servantes workmen and helpers have heretofore attempted to digg and gett Coles w[i]thin the sayd growndes Commonly Caled by the name of Biker Bankes or Biker Edg and have entred uppon the sayd growndes by force and digged th... as afforesayde but sayeth that the Complt did not first find any Cole myne in the s[ai]d grownd neyther hath the sayd Complt to this defts knowledg transported any Co[les] gotten w[i]thin the sayd more to any other p[lace] w[i]thin the Realme of England

To the 3 Inter this def sayeth that he wa[s] by one of his owne servantes called Henry Briges made privey that the Complt w[i]th divers others of his servantes and workemen and other unlawe[full] Company were uppon the sayd xviijth day of December last or theraboutes assembled together uppo[n] the sayd grownd Called Biker Banckes or Biker Edg w[hi]ch sayd Henry Briges gave this notice of theyre being there assembl[ed] to the end that he this def might by vertue of a warrant granted by the Lord Warden of the Middle Marches re..... theyre unlawefull assemblie uppon the said grownde and further to any parte of this Article this def Cannot depose

To the 4th Inter this def sayeth that neyther the sayd Raphe Laweson nor any of his Children servantes Tenantes or factors nor any other did p[er]swade or Counsell him this def nor to his knowledg any other in the sayd Bill named w[i]th force violence or strong hand to stopp or Interrupt the Complt or his workmen From sinking digging or getting of Coles in the sayd more otherwyse then quietly and peaceably to discharge them From working and digging in the said grownd

To the 5 Inter this def sayeth that he this def Isack Witherington Willm Dent George Dent Jhon Dent Jhon Stranguish Robert Spoore and Henry Briges not having any other in theyre Company did uppon the xviijth daye of December last Come to gether to the sayd more called Byker Bankes or Byker Edg p[ar]cell of the sayd Mannor of Byker but what was done the second twelfth xiijth and xiiijth dayes of Janury last past this def knoweth not for that he was not then there

To the 6 Inter this def sayeth that he this def accompanyed as afforesayd did uppon the sayd xviijth daye of December Come to the sayd grownd w[i]th an In..... by vertue of the sayd Lo[rd] Wardens warrant to remove the Complt and his sayd Company from digging and working in the sayd Colepyttes this def having at that time a horsmans peece George Dent a horsmans pece Jhon Dent a horsmans pece Isack W[i]thrington a Bowe and a bagg of Arrowes Jhon Stranguishe a short sword and a dagger Robert Spoore a walking staff Willm Dent a Rapier and a pistoll and Henry Briges a pike staff or a lannce as this def thinketh w[hi]ch sayd wepons he the def and the rest of the affornamed p[er]sons d[id] bring w[i]th them to the sayd place to no other Intent or purpose but to defend them selves knowing that they had to deale w[i]th unreasonable p[er]sons as by the some of theyre actions at that time appeared and this def sayeth that he thinketh that his owne pece or gunn was at that time Charged but whether any of the rest had theyre gonnes or peces Charged at that time this def knoweth not neyther had this def to his remembrance any Conference in that behalf w[i]th the sayd Raph Laweson or any of his Children or any of his servantes save only w[i]th the sayd Jhon Stranguishe & Robert Spore before theyre Comyng to the sayd place otherwise then he hath allradie Confessd and more to this Inter he Cannot depose

To the 7 Inter this def sayeth that he this def was made privie by the s[ai]d Henry Briges this defts servant that the Complt and his servantes and other unlawefull [com]pany to the nomber of xiiij or xv persons were assembled together in warlike manner at the sayd grownd and Colepites where[upon] he this def accompanyed and weaponed as ....... sayde Came alltogether to the sayd p[lace] the said xviijth daye of December but did not at that time offer any violence force .... otherwyse shote any arrowes or di[scha]rge any pistoll gonne or gunnes againste the Complt or any of his Company But for a declaracion of a truth this def sayeth that one of the Complts Company Caled Jeames Laweson howlding his lannce staf to the Brest of Jhon Dent did threaten to thrust him the s[ai]d Jhon Dent thoroughe w[hi]ch this def thinketh he would have done yf he had not bin terefyed by Wm Dent and put by his purpose by the sayd Jhon Dent him self whoe did put by the sayd Lannce staff w[i]th his hand and w[i]thall Closed w[i]th the sayd Jeames Laweson not doing him any hurt at all neyther was there any hurt at that time done eyther to the Complt or any of his Company

To the 8th Inter this def sayeth that to his knowledg the sayd Raphe Lawson was not at any time p[re]sent or an Actor amongst them nor did give any dyrections in that behalf otherwyse then quietly & peaceably to discharge the sayd Complt and his unlawefull assembly and Company nor to this defts knowledg did at any time [?lend?] any armore furniture or other weopons eyther to him this def or any of his sayd Company neyther did this def or any of his sayd Company then and there Incorage one another to stand unto it or to beate wounde and kill the Complt or any of his servantes or workemen otherwyse then quietly to discharg them as afforesayd

To the ixth Inter this def sayeth that he this def did enter uppon the sayd grownd by vertue of a lease of the sayd ground grannted by Raff Lawson of Bourghe esq unto Rob Withrington of Plessey esq to the use of him this def and further to this article he cannot depose

To the xth xjth xijth xiijth xiiijth and xvth Int[ers] This def sayeth that he this def hath not since the sayd xviijth daie of December la[st] Come to the sayd more or Colepytes to discharge the Complt nor any of his workmen or followers nor has bin him self p[re]sent at the sayd place [at] such time as the Complt or any of his workmen or servantes have bin laboring or digging in the sayd Colepites since the sayd xviijth daye of December last and therefore Cannot depose further to any parte of these Inters

Robert Dente./.

Deposition of John Stranguishe:

Jhon Stranguishe of Cramlington in the Countie of Northumb[erland] yeoman aged fortie yeres and upwardes sworne

To The first Inter this def sayeth [tha]t he doth knowe Heaton [in] the Countie of Northumberland and do[th] allso knowe the greate wast moore and Com[mon] grownd In the Inter mencioned Com[mon]ly Cauled by the name of Byker Ban[ckes] or Byker Edg being as this def taketh it p[ar]cell of the manor of [By]ker and further sayeth that he this def hath hard by report .... Robert Mytford and Henry Myttford [of] [N]ew Castell or one of them have let a lease to the Complt of the Colemyne and vayne of Coles lyinge w[i]thin the sayd moore Commonly Caled by the name of Byker More Byker Bankes or Byker Edg but whether it be so or not this def knoweth not neyther Can this def depose any further to this Inter

To the ij Inter this def sayeth that the Complt Randall Fenwick by him self and his workmen and servantes have heretofore digged and gotten some dross Coles w[i]thin the sayd more w[hi]ch sayd Colemynes were first fownde onle at the Charges and by ye Chief meanes of Raff Laweson this defts master and Robert Withrington and this def sayeth that he doth not knowe nor hath herd that the Complt hath transported by water or otherwyse any Coles by him soe gotten in the sayd more to any other places w[i]thin the Realme of England

To the iijd Inter this def sayeth that he did not knowe nor was made privie by the meanes of Raff Laweson that the Complt and his workemen and servantes In and uppon any of the sayd severall dayes in the Inter mencioned would or did In usuall manner repayre unto the sayd Colepyttes or that they would or were working there but sayeth that he this def did understand of theyre being there by one Robert Dent whoe had not longe before p[ro]cured a warrant from the Lord Warden of the Middle Marches for the Removing (as this def thinketh) of the Complt and his Company from the sayd Colepyttes

To the 4th Inter this def sayeth that neyther the sayd Raff Laweson not any of his Children nor any other p[er]son for him or in his name did p[er]swade Counsell or move this def or to his knowledg any other p[er]son in the bill menconed w[i]th force violence or strong hand to take .... stopp or Interrupt the Complt or his workm[en] servantes or factors in that behalf from sin[cking] digging or getting of Coles in the sayd mo[ore]

To the 5 Inter this def sayeth that he this [def] Isack Withrington Robert Dent George D[ent] Wm Dent Jhon Dent Robert Spoore and Henry Briges did uppon the xviijth daye of December la[st] Come together to the sayd more Called Byker Bankes or Byker Edg and to the sayd Colep[yttes] or Cole mynes since w[hi]ch time this def hath ... bin at or uppon the sayd more in the p[re]se... or Company of the Complt or any of his workmen or servantes and therefore Cannot further depose to this Inter

To the 6 Inter this def sayeth that he this def Came to the sayd place the sayd xviijth daie of December last in Companye as afforesayd for the executing of a warrant grannted by the sayd Lo[rd] Warden for the removing of the sayd Complt and his Company he this def beinge weoponed at that time w[i]th a shorte sworde and a dagger Isack Witherington a Bowe and a Bagg of Arrowes Robert Dent a horsmans p[eece] George Dent a horsemans pece Jhon Dent a horsmans pece Wm Dent a sword and a pistole Robert Spore a short sword Henry Briges a staf but whether any of the sayd gonnes were at that time Charged this def knoweth not but sayeth that he this def and the rest Came so appinted and weoponed to the sayd place to defend them selves and for no other inten[t] or purpose knowing that they had to deale w[i]th a Company of unrewly p[er]sons

To the 7 Inter this def sayeth that he did understand by the report of divers p[er]sons that the Complt and his workmen were Laboring and digging in the s[ai]d Colepites at such time as this def and the aforenamed p[er]sons Came to the sayd place and allso sayeth that he this def and his sayd Company Came all together to the sayd moore or Colepytes the sayd xviijth daye of December where they fownd the Complt in warlike manner accom[pan]yed w[i]th xiij or xiiij persons but this def denyeth that eyther he this def or any other in his Company to his knowledg did offer any violence force or otherwyse shote any arrowes or discharg any pistoll or pistolls or any gone or gonnes neyther was there any p[er]son then and there hurt or wounded and further to this Inter he cannot depose

To the 8th Inter this def sayeth that ye sayd Raffe Laweson was not to this defts knoweledg in or uppon all or any of the s[ai]d dayes p[re]sent at any assembly at or uppon the sayd more neyther did the sayd Raff Laweson give any dyrections in that behalf otherwyse then quietly and peacably to remove the Complt and his Company by vertue of the [said] warrant nor did lend to him this def or any in the Bill mencioned any armor furnyture or weopons by them or any of them used there.. neyther did this def nor any of his Company Incor[age] one another to stand to yt or to his remembrance did use any words or speaches to that or the like effect

To the 9 Inter this def sayeth that he this def did enter uppon the said grownd in the behalf of the sayd Raphe Laweson this defts master and further he Cannot depose

To the xth xith xijth xiijth xiiijth and xvth Inter this def sayeth that he this def hath not bin since the sayd xviijth day of December last uppon the sayd more in the Company of the said Complt or his workmen at such timeas the Complt or any of his Company have bin working in the sayd Cole pytes or mynes and therefore Cannot further depose to any parte of these Inters

John Strangwishe


Deposition of George Dent:

George Dent of Newecastell uppon Teyne gent adged xxv yeres or thereaboutes sworne

To the first Inter this def sayeth that he doth knowe Heaton in the Count[ie] of Northumberland and doth likewyse knowe the greate more In the Inter mencioned Comonly Called by the name of Byker More Byker Edg or Byker Bankes being as this def taketh it p[ar]cell of the mannor of Byker and sayeth that he hath herd by report that one Mr Mytford of Newecastle hath let unto the Complt a lease of a Colemyne and a vaine of Coles Lying w[i]thin Heaton Moo[re] and further this def Cannot depose

To the 2 Inter this def sayeth that the sayd Randall Fenwike by him self his servantes and workemen have hertofore digged and gotten some fewe dross Coles w[i]thin the sayd more Called Byker Moore but hath not transported by water or otherwyse any of the sayd Coles for the serving of ... other partes w[i]thin the Realme of England neyther did the sayd Complt first find the sayd Cole myne as In the Inter it is supposed

To the 3 Inter this def sayeth that he this Def was made privie by the meanes of Robert Dent this defts Brother that the Complt and his Company eyther were or would be working in the sayd Colemynes uppon the sayd severall dayes In the Inter mencioned to the end yt he this def might in his s[ai]d Brothers right in quiet and pecable manner discharg them from working .. diging in the sayd ground and further to this Inter he cannot depose

To the 4th Inter this def sayeth that ye sayd Raphe Laweson nor any of his Children servantes Tennantes or factors did perswade or Counsell him this def or to his knowledg any of the p[er]sons in the Bill of Complt named by force violence or strong hand to take up stop let or Interrupt the Complt or his workmen or factors in that behalf from sinking digging or getting of Coles in the sayd more

To the 5th Inter this def sayeth that uppon the xviijth daye of December last he this def Isack W[i]thrington Robert Dent Jhon Dent Wm Dent Jhon Stranguishe Rob: Spore and Henry Brigges not having any other in theyre Company to this defts remembrance did come together to the sayd more since w[hi]ch time this def to his uttermost remembrance hath not byn at the sayd moore and Cole pytes at such time as the Complt or any of his workmen or servantes were working there

To the 6 Inter this def sayeth that he this def and the rest of the aforenamed persons Came to the sayd place to deliver a warrant granted by the Lord Warden of the Middle Marches for the removing of the Complt and his Company being there in warlike and unlawf[ull] manner assembled he this def being at that time weoponed w[i]th a horsmans peece Jhon Dent a horsmans pece Wm Dent a short Rapior and a pistoll Isack Withrington a Bowe and shafts Jhon Stranguishe a short sword and a skotes dagger Robert Spore a short sworde or a walking staff and Henry Briges eyther a short pike staff or a Lannce staff w[hi]ch were all the weopons that this def nowe remembreth eyther he this def or any of the rest then had and this def sayeth that his owne pece was then charged and thinketh that the rest were at that time likwyse Charged w[hi]ch sayd gonnes and other weopons he this def and the rest at that time brought w[i]th them in defence of them selves and for the safgard of theyr owne lives knowing the Complt and his Company to be disordered and unruly p[er]sons

To the 7 Inter this def sayeth that he this def did knowe (as well by the report of divers p[er]sons as allso for that this def him self had seene the Complt and his servantes at the sayd Colepytes) before such time as this def and his sayd Company Came [struckthrough - unto them and sayeth that to his remembrance] that the sayd Complt and his servantes were working and digging in the sayd Cole pytes and sayeth that to his untermost remembrance he this def and the rest of his Company Came all together to the sayd Colepyttes where the Complts servantes & workmen were there digging of Coles but did not offer any violence force or otherweyes shote any arrowes or discharge any or offer to discharge gunn or gunnes pistoll or pistolls at the Complt or any of his servantes or workmen but for a declaration of a trueth this def sayeth that one Jeames Laweson servant to the Complayn[an]t offering to thrust his Lannce staff thoroughe Jhon Dent w[hi]ch the s[ai]d Jhon Dent p[er]ceving did put by the sayd lannce staf w[i]th his hand wheruppon on Lorren one other of the Complts Company came at the sayd Jhon Dent w[i]th a staf and as this def verely thinketh had slayne him yf he had not bin p[re]vented by Wm Dent whoe w[i]th his hand or w[i]th his Rapior undrawen did put by the sayd Lorrens staf and this def further sayeth that he doth not knowe tha.. any p[er]son or p[er]sons was eyther hurt or wounded at that time and more to this Inter he cannot depose

To the 8th Inter this def sayeth that to his knowledg the sayd Raphe Laweson was not uppon any of the sayd severall dayes In the Inter mencioned p[re]sent at or nere the sayd Colepyttes nor did to this defts knowled Laboure or p[ro]cure of him this def or by any other to Cume to the sayd grownde to doe any act or actes there nor did lend any armor furnyture or weopons by them or any of them used therin neyther doth this def remember that he this def or any other of his Company did encorage on another to stand to it or did use any wordes to such or the like effect

To the ixth Inter this def sayeth that he this def Came to the sayd place In the behalf of his Brother Robert Dent whoe had an Interest in the sayd Colepy[ttes] by vertue of a Lease grannted by the sayd Raphe Lawson to Mr Robert W[i]thring[ton] to the use (as this def taketh it) of the said Robert Dent this defts sayd Bro[ther]

To the xth xith xijth xiijth xiiijth and xvth Inter this def sayeth that he hath not since the xviijth daye of December last bin at or uppon the sayd more or Colepyttes at such time as the Complt or any of his servantes or workmen have digged there eyther to disturbe or to have any thing to doe w[i]th the sayd Complt or any of his servantes and more or further to any parte of these articles this def Cannot depose

George Dent


Deposition of John Dent:

Jhon Dent of Newe Castell uppon Teyne gent adged xxj yeres or theraboutes sworne sayeth

To the first Inter this def sayeth that he doth knowe Heaton in the Countie of Northumberland and also doth knowe the greate wast more or Comon grownd In the Inter mencioned Comonly Called by the name of Byker More Byker Edge or Byker Bankes and reputed & taken to be p[ar]cell of the mannor of Byker amd allso sayeth that he hath herd by report that one Mr Myttford of NeweCastell did make a lease of Certen Colemynes in the said more to the Complt and further to this Inter he Cannot depose

To the second Inter this def sayeth that since Mr Raphe Laweson and Robert Dent this defts Brother had by theyre meanes and at theyre Charges found out a Cole myne and vayne of Coles w[i]thin the sayd moore Caled Byker More Byker Bankes or Byker Edg the Complt hath by him self and his workmen servantes and helpers digged and gotten Ceren dross Coles w[i]thin the sayd more but hath not to this defts knoweledg transported By water any of the Coles to any other partes of England as in the Inter it is aleaged

To the 3 Inter this def sayeth that he this def did understand by Henry Brygges servant to Robert Dent that the Complt and divers of his workemen & servantes were uppon the sayd xviijth daye of December last past digging and getting Coles in the sayd more called Bykers .... and further to this Inter he cannot depose

To the 4th Inter this def sayeth that to his knowledg neyther the sayd Raphe Lawson nor any of his Children or any other for him or in his name did move p[er]swade or Consell him this def or any other the p[er]sons in the sayd bill of Complt mencioned w[i]th force violence or strong hand to take up stop let or interrupt the Complt or any of his workmen from sinking digging or getting of Coles in the sayd more or Comon growndes

To the 5th Inter this def sayeth that uppon the xviijth daye of December last he this def Isacke Witherington Robert Dent George Dent Wm Dent Jhon Stranguishe Robert Spore and Henry Brigges not having any other in theyre Company did Come to the sayd more and to the sayd Colepytes wh[ere] they fownd the Complt and divers of his workemen and servantes to the number of xiiij whereof some were digging in the sayd Colepites

To the 6 Inter this def sayeth that he this def and the rest of the before named p[er]sons Came to the sayd place the sayd xviijth daye of December w[i]th purpose To deliver a L[etter] Sent by the Lord Warden of the Middle Marches to the Complt not being p[ro]cured Counselled perswaded or Comannded by the sayd Raphe Laweson so to doe but sayeth that he this def at that time was weoponed w[i]th a horsmans pece and a Rapior Isack Witherington a Bowe and a Bagg of Arrowes Robert Dent a horsmans pece George Dent a horsmans pece and a short sword Wm Dent a pistoll and a sword Jhon Stranguishe a short sword and a dagger Robert Spoore a short sword or a short staf and Henry Briges a Lannce staff or a pike staff and sayeth that he this def had his peece Charged at that time but whether any of the rest had theyre peces Charged this def Cannot Cedrtenly depose but sayeth they Came weoponed as affores[ai]d to save them selves from danger and not w[i]th any Intent or purpose to doe any Bodely hurt to the Complt or any of his Company

To the 7 Inter this def sayeth that he this def and the rest of his afforenamed Company did before theyre Comying to the sayd place on the sayd xviijth daye of December understand by the sayd Brigges that the Complt and his servantes were digging for and getting Coles in the sayd more and sayeth that uppon the sayd xviijth daye of December he this def and the rest of his Company Came all together to the sayd Cole pyttes where they found the Complts servantes labouring and digging for Coles but neyther he this def nor any of his Company did at that time offer any violence force or otherwyse shot any Arrowes or discharge any gonne or gonnes pistoll or pistolls against the Complt or any of his servantes and more to this Inter this def Cannot depose

To the viijth Inter this def sayeth that to his knowledg the sayd Raphe Laweson was not then and there uppon or aboute any of the s[aid] severall dayes In the Inter mencioned p[re]sent at the sayd more or Colepyttes nor did p[ro]cure or labor eyther him this def or any of the sayd p[er]sons in the Inter mencioned to doe and act any thing ... that behalf nor did lend any armor furnyture or weopons by them or any of them used therin neyther did this def nor any other of his Company to his knowledg encorage on another to stand to it and to beate wound or kill the Complt or any of his servantes or workmen nor did use any wordes to such or the like effect

To the ixth Inter this def sayeth that he this def Came to the sayd more and Cole pittes in the behalf of Robert Dent this defts Brother whoe did Challeng an Interest therin by vertue of a lease granted by the said Raphe Laweson to Mt Robert Witherington whose Interest the s[ai]d Robert Dent nowe hath and further to this Inter he Cannot depose

To the x xj xijth xiijth xiiijth & xvth Inters this def sayeth that to his uttermost remembrance he hath not bin since the sayd xviijth daye of December last at the sayd moore and Colepyttes at such time as eyther the Complt or any of his servantes were working in the sayd Colepittes eyther to disturbe or to have any meddeling w[i]th the Complt or any of his servantes or workmen and further to these Inters he Cannot depose

John Dent