Difference between revisions of "STAC 5/L24/6"

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(Created page with " '''Court of Star Chamber:''' '''Raphe Lawson v Randle Fenwicke of Newcastell uppon Tyne, Willm Fenwicke his brother, Robert Metforde of Sighill in the said Countie, Henry Me...")
 
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Thanswere of Robt Mitforde Esquier one of the defts to the Bill of Complt of Raiphe Lawson Complt./
 
Thanswere of Robt Mitforde Esquier one of the defts to the Bill of Complt of Raiphe Lawson Complt./
  
The said def saith that the said Bill of Complt and the matters therin conteyned or the most p[ar]te therof is exhibited and are p[re]ferred against him of meere mallice and evill will as he thinketh and of Intent and purpose to put him this def and the other the defts in the said Bill named to great and Excessive costs Charges and Expenses in lawe and of intent to p[re]vent (or to have p[re]vented [)] the said Randolphe Fenwicke named in the said Bill of Complt or someof the defts named in the said Bill of Complt that haith had or have had great cause to Compleyne in this ... Court against the said Complt and some other his Complices s[er]vantes or workmen for many very great Riots Routs outrages by them or by some of them most violently unlawfully done and Committed either against some of the defts named in the said Bill of Complt or against the said Randolph Fenwicke or his s[er]vantes frendes workmen and furtherers of his worke in Digginge and getting of Coales in a place after menconed in this answere Called Haton Bankes and being p[ar]cell of Haton Moore, and being [C]laimed or p[re]tended by the Complt to be p[ar]cell of Biker Moore rather then of any good matter as this def thinketh concerning this def himselfe, The advantage of excepcons to the incertentye and insufficiency of w[hi]ch said Bill of Complt at all tymes hereafter to this deft saved for Answere therunto or to so much therof as concernith this def he further saith that as to any Riott Rowte Unlawfull assembly Riotous assalt and affray, battery unlawfull Combynacon Unlawfull plotting practising or Conspiracy Unlawfull p[ro]curem[en]t and all other trespasses offences and misdemeanors in the said Bill of Complt alledged to have bene practised Committed done or p[ro]cured that he is not therof guiltye in man[er] and forme as in the said Bill of Complt is alledgid And as to the residewe of the materiall matters in the said Bill of Complt alledged w[hi]ch concerne this def he for further Answere therunto saith that he this def and Henry Mitford in the Bill of Complt nomynated were heretofore and at the sev[er]all tymes in the Bill of Complt menconed of the supposed doing and [Co]mmitting of the supposed Riotts Rowtes trespasses offences and misdemeanors in the said Bill of Complt menconed lawfully seized in ther domeane as of Fee or of some estait of Inheritance of and in the manor or lordship of Heaton w[i]th thappurtenances in the county of Northu[m]b[er]land and of all the .... landes waistes moores and Commons p[ar]cell of or ...teyning or belonging to the manor or lo[rdship] of Heaton aforesaid and namely of and in one great waist moore or Common Called or knowne by the name of heaton Moore als Walker Moore lying w[i]thin & being p[ar]cell of the said manor or Lo[rdship] of Hearton and of one p[ar]cell of wayst ground Called Heaton Bankes p[ar]cell of the said more called Heaton More als Walker Moore be[ing] p[ar]cell of the mannor or Lo[rdship] of Heaton aforesaid w[hi]ch said moore called Heaton Moore als Walker Moore haith bene p[ar]cell of ye said ...... of Heaton and hath bene so accompted and taken [d]uring all the tyme wherof manes memory is not to the Contrary and the said p[ar]cell of Waist ground Called or knowne by the name of Heaton Bankes is p[ar]cell and by all the tyme wh[er]of the memory of man is not to the contrary haith bene p[ar]cell of the said greate more or waste called haton More als Walker Moore and p[ar]cell of the said mannor or L[ordship] of Heaton and so nowe is and by the like tyme hath bene commonly accompted reputed and taken to be p[ar]cell of the said moore or waist called Heaton More als Walker Moore and p[ar]cell of the said mannor or lo[rdship] of Heaton w[hi]ch said moore called Heaton Moore als Walker Moor is the same Common or moore w[hi]ch the said Complt p[re]tendeth in his said Bill of Complt to be [ca]lled or named by the name of Byker Moore amd w[hi]ch the said Complt p[re]tendith and claymith to be p[ar]te and p[ar]cell of the suppoysed mannor of Byker in the Bill also menconed and the said pla.... ... this def alledgith to be called Heaton Bankes is the place in the said Bill of complt menconed wherin the complt alledgith the unlawfull digginges and getting of Coales to have bene And this def further saith that he the def and the said Henry Mitford so beinge of the said mannor or lo[rdship] of Heaton and of the said moore called Heaton Moore als Walker Moore and of all the .... landes waistes moores and Commons p[ar]cell of the said Mannor or lo[rdship] of Heaton and also of the said moore Common or Waist ground called Heaton Bankes as p[ar]cell of the said great more called Heaton Moore als Walker Moore and p[ar]cell of the said mannor or lo[rdship] of Heaton seized of such estait as is aforesaid and being resolvid and p[er]swadid that ther was a myne of Coales [to] be found w[i]thin the s[ai]d ground called Heaton Moore als Walker Moore w[hi]ch might be very p[ro]fitable and beneficiall for the com[mon] welth of the Country if the same could be found out did p[ar]tly in consideracon that Randolphe Fenwicke in the Bill named nowe deceased shold fynd or cause to be found out the said coale myne and shold cause coales to be gotten ther and p[ar]tly upon other go[od] and lawfull consider[acon] them therunto moving by ther Indenture bearing dait in or about the first day of August w[hi]ch was in the xxxvijth yere of hir Ma[jesties] reigne demyse grannt and to Farme lett unto the sa[id] Randolphe Fenwicke aswell all the said Coale mynes and Vayne of Coales lyinge w[i]thin the said moore or Common of Heaton and in the said p[ar]cell of ground Called Heaton Bankes aforesaid As also free lib[er]tye to sincke pittes or shaftes for getting of the Coales and to digg myne and gett Coales in ev[er]ye or any p[ar]te of the said moore Called Heaton Moore als Walker M[oore] and also sufficient way leives and [?staithe?] leives in all or any p[ar]te of the said moore or Common aforesaid Called Heaton Moore als Walker Moore and Heaton Bankes to have and to hold the [?same?] unto the said Randolphe Fenwick for A certayne terme of yeres yett enduring and being begonn before the ixth day of December nowe last past menconed in the said Bill [of] Complt by force wherof the said Randolphe Fenwicke entred into the said moore Common or waist ground Called Heaton Bankes aforesaid beinge p[ar]cell of the said mannor or lo[rdship] of Heat[on] and by
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The said def saith that the said Bill of Complt and the matters therin conteyned or the most p[ar]te therof is exhibited and are p[re]ferred against him of meere mallice and evill will as he thinketh and of Intent and purpose to put him this def and the other the defts in the said Bill named to great and Excessive costs Charges and Expenses in lawe and of intent to p[re]vent (or to have p[re]vented [)] the said Randolphe Fenwicke named in the said Bill of Complt or someof the defts named in the said Bill of Complt that haith had or have had great cause to Compleyne in this ... Court against the said Complt and some other his Complices s[er]vantes or workmen for many very great Riots Routs outrages by them or by some of them most violently unlawfully done and Committed either against some of the defts named in the said Bill of Complt or against the said Randolph Fenwicke or his s[er]vantes frendes workmen and furtherers of his worke in Digginge and getting of Coales in a place after menconed in this answere Called Haton Bankes and being p[ar]cell of Haton Moore, and being [C]laimed or p[re]tended by the Complt to be p[ar]cell of Biker Moore rather then of any good matter as this def thinketh concerning this def himselfe, The advantage of excepcons to the incertentye and insufficiency of w[hi]ch said Bill of Complt at all tymes hereafter to this deft saved for Answere therunto or to so much therof as concernith this def he further saith that as to any Riott Rowte Unlawfull assembly Riotous assalt and affray, battery unlawfull Combynacon Unlawfull plotting practising or Conspiracy Unlawfull p[ro]curem[en]t and all other trespasses offences and misdemeanors in the said Bill of Complt alledged to have bene practised Committed done or p[ro]cured that he is not therof guiltye in man[er] and forme as in the said Bill of Complt is alledgid And as to the residewe of the materiall matters in the said Bill of Complt alledged w[hi]ch concerne this def he for further Answere therunto saith that he this def and Henry Mitford in the Bill of Complt nomynated were heretofore and at the sev[er]all tymes in the Bill of Complt menconed of the supposed doing and [Co]mmitting of the supposed Riotts Rowtes trespasses offences and misdemeanors in the said Bill of Complt menconed lawfully seized in ther domeane as of Fee or of some estait of Inheritance of and in the manor or lordship of Heaton w[i]th thappurtenances in the county of Northu[m]b[er]land and of all the .... landes waistes moores and Commons p[ar]cell of or ...teyning or belonging to the manor or lo[rdship] of Heaton aforesaid and namely of and in one great waist moore or Common Called or knowne by the name of Heaton Moore als Walker Moore lying w[i]thin & being p[ar]cell of the said manor or Lo[rdship] of Heaton and of one p[ar]cell of wayst ground Called Heaton Bankes p[ar]cell of the said more called Heaton More als Walker Moore be[ing] p[ar]cell of the mannor or Lo[rdship] of Heaton aforesaid w[hi]ch said moore called Heaton Moore als Walker Moore haith bene p[ar]cell of ye said ...... of Heaton and hath bene so accompted and taken [d]uring all the tyme wherof manes memory is not to the Contrary and the said p[ar]cell of Waist ground Called or knowne by the name of Heaton Bankes is p[ar]cell and by all the tyme wh[er]of the memory of man is not to the contrary haith bene p[ar]cell of the said greate more or waste called haton More als Walker Moore and p[ar]cell of the said mannor or L[ordship] of Heaton and so nowe is and by the like tyme hath bene commonly accompted reputed and taken to be p[ar]cell of the said moore or waist called Heaton More als Walker Moore and p[ar]cell of the said mannor or lo[rdship] of Heaton w[hi]ch said moore called Heaton Moore als Walker Moor is the same Common or moore w[hi]ch the said Complt p[re]tendeth in his said Bill of Complt to be [ca]lled or named by the name of Byker Moore amd w[hi]ch the said Complt p[re]tendith and claymith to be p[ar]te and p[ar]cell of the suppoysed mannor of Byker in the Bill also menconed and the said pla.... ... this def alledgith to be called Heaton Bankes is the place in the said Bill of complt menconed wherin the complt alledgith the unlawfull digginges and getting of Coales to have bene And this def further saith that he the def and the said Henry Mitford so beinge of the said mannor or lo[rdship] of Heaton and of the said moore called Heaton Moore als Walker Moore and of all the .... landes waistes moores and Commons p[ar]cell of the said Mannor or lo[rdship] of Heaton and also of the said moore Common or Waist ground called Heaton Bankes as p[ar]cell of the said great more called Heaton Moore als Walker Moore and p[ar]cell of the said mannor or lo[rdship] of Heaton seized of such estait as is aforesaid and being resolvid and p[er]swadid that ther was a myne of Coales [to] be found w[i]thin the s[ai]d ground called Heaton Moore als Walker Moore w[hi]ch might be very p[ro]fitable and beneficiall for the com[mon] welth of the Country if the same could be found out did p[ar]tly in consideracon that Randolphe Fenwicke in the Bill named nowe deceased shold fynd or cause to be found out the said coale myne and shold cause coales to be gotten ther and p[ar]tly upon other go[od] and lawfull consider[acon] them therunto moving by ther Indenture bearing dait in or about the first day of August w[hi]ch was in the xxxvijth yere of hir Ma[jesties] reigne demyse grannt and to Farme lett unto the sa[id] Randolphe Fenwicke aswell all the said Coale mynes and Vayne of Coales lyinge w[i]thin the said moore or Common of Heaton and in the said p[ar]cell of ground Called Heaton Bankes aforesaid As also free lib[er]tye to sincke pittes or shaftes for getting of the Coales and to digg myne and gett Coales in ev[er]ye or any p[ar]te of the said moore Called Heaton Moore als Walker M[oore] and also sufficient way leives and [?staithe?] leives in all or any p[ar]te of the said moore or Common aforesaid Called Heaton Moore als Walker Moore and Heaton Bankes to have and to hold the [?same?] unto the said Randolphe Fenwick for A certayne terme of yeres yett enduring and being begonn before the ixth day of December nowe last past menconed in the said Bill [of] Complt by force wherof the said Randolphe Fenwicke entred into the said moore Common or waist ground Called Heaton Bankes aforesaid beinge p[ar]cell of the said mannor or lo[rdship] of Heat[on] and by
 
himselfe his workmen or s[er]vantes and helpers haith digged and sunken A Coalepitt in the said p[ar]cell of ground Called Heaton Bankes p[ar]cell of the said mannor of Heaton and haith gotten and Caused to be gotten Coles ther at the sev[er]all dayes in the said Bill of Complt menconed as this def thinketh and this thinketh that it was lawfull for the said Randolphe so to doe w[hi]ch demise and grant aforesaid is in effect and aubstance all that this def dod towching the supposed Riotts ..... Unlawfull assemblyes affrayes be...inges p[ro]curem[en]ts trespasses misdemeanors and offences in the said bill of Complt menconed, And this def ......................... ................................................ by the space of one yere and more next before the makinge of the said lease were
 
himselfe his workmen or s[er]vantes and helpers haith digged and sunken A Coalepitt in the said p[ar]cell of ground Called Heaton Bankes p[ar]cell of the said mannor of Heaton and haith gotten and Caused to be gotten Coles ther at the sev[er]all dayes in the said Bill of Complt menconed as this def thinketh and this thinketh that it was lawfull for the said Randolphe so to doe w[hi]ch demise and grant aforesaid is in effect and aubstance all that this def dod towching the supposed Riotts ..... Unlawfull assemblyes affrayes be...inges p[ro]curem[en]ts trespasses misdemeanors and offences in the said bill of Complt menconed, And this def ......................... ................................................ by the space of one yere and more next before the makinge of the said lease were
 
seazed and in possession of the said mannor of Heaton ..................................................................................... als Walker Moore as p[ar]cell therof and then had [?Cattel?] goynge and depasturinge upon the same and beinge so in possession ...................................................................... but yet hee doth not deny but that the said pl has before the making of the said lease sonnke a Coale pitte in p[ar]cell ..................................................... same sincking of A pitt was noe dispossessing of the defendt and of the said Henry Mitford of the said moore And this deft further saith that he was not p[re]sent at ye said Coale pitt or Coale pittes of Jesmond named in the said Bill of Complt on the sev[er]all dayes or tymes in the said Bill of Complt alledged of the supposed committed of the said supposed Riots Rowtes unlawfull assemblyes trespasses misdemeanors or offences in the said bill alledgid or any of them in manner and forme as in the said bill is alledgid, Without that the said ground where the said Randolph Fenwicke did digg sinke or worke or did cause to be digged sonncke or wrought for Coales is any p[ar]te or p]ar]cell of the said moores called Byker Moore in ye Bill of Complt menconed if ther be any suche, Or that the same is commonluy Called by the name of Byker Moore or is any p[ar]te or p[ar]cell of the said supposed mannor of Byker as in the said bill is supposed, but he saith that if the said moore Called Heaton Moore or Walker Moore be also Cauled Byker Moore the same name of Byker Moore is A wrong name and but of [?lait?] tyme given or taken Upp by the plts meanes upon some pollicy or intent therby to gayne some Cullor or p[re]tence of title to the same as this def thinketh And w[i]thout that Edmonde Lawson father of the Complt was lawfully seazed in his de[mesne] as of Fee of and in the mannor of Byker in the county of Northu[mber]land and of one great Common or moor called Byker More as p[ar]cell therof and dyed therof so seized, Or that by and after his death the said mannor and p[re]misses discendid and cam as ye same of right ought to discend and come to the said Complt as sonne and heire of the said Edmond, Or that by force therof the said Complt entred and was of the p[re]misses lawfully seized in his demesne as of Fee And that he the said Complt so being therof seazid hath by div[er]se and many yeres peacibly and quietly occupyed and enioyed the same .............. and enioyed the rents issues and p[ro]fitts therof and haith digged sonnke and wrought Coalemynes and Coale pittes in the same and therin gotten and obteyned great quantity of Coales to the great benyfytt of the said Complt and Common good and great p[ro]fitt to ye Common wealth w[i]thout any lett suite or trooble of any p[er]son or p[er]sons And w[i]thout that Byker is [?a?] mannor to his knowledg but he doth not deny but that ther is a township of hamlett of Byker and that the complt is seized of some p[ar]te or p[ar]tes therof and that the Complts father was also seazed of some p[ar]te therof And w[i]thout that that this def and Randolphe Fenwicke Willm Fenwicke his brother & Henry Mitford in the Bill of Complt nomynated have Confederated and Combyned themselves w[i]th the rest of the defts in the Bill of Complt nomynated in mann[er] and forme as in the said Bill of Complt is alledgid Or that all they well knowinge that great p[ro]ffitts and Commodity more like to arryse by the coale like to be gotten in the said ground w[hi]ch was found only by the plts meanes or in his right no other havinge right so to doe have sythence your Ma[jesties] last gen[er]all p[ar]don not havinge the feare of god before ther eies nor any [?Caire?] of your Ma[jesties] lawes or statutes of this Realme maid and p[ro]vided against Riotts Rowtes Unlawfull assemblyes maintenance & Forcible entryes have most falsly wickedly unlawfully and ungodly Conspired Complotted practysed and devised emongst themselves to entitle this def and Henry Mitford in the Bill of Complt menconed by some p[re]tendid title in the same more and Coale mynes and to maynteyne this def and the said Henry Mitford and ther p[re]tenced title not w[i]thstanding that they and ev[er]y of them well knoweth that they never were in possession therof by the space of one yere last past before the fist day of december nor ever were in possession of the said moore and have resolvid vowed Conspired and agreed utterly to disinherit the said Complt of the said moore and Coale mynes forcibly and by strong hand to enter into worke take and gett coales in the same wrongfully and to convert the same to ther owne uses in mann[er] and forme as in the said Bill of Complt is alledgid, Or that this def and the said other p[er]sones the better to affect ther malicious plott practise devise and purpose aforesaid have sithence your Ma[jesties] last gen[er]all pardon most Riotously, forcibly and unlawfully assembled themselves togeather, aggregatinge, and gatheringe into ther companyes div[er]se and many other Lewde outragious and evill disposed people dwellinge in Northu[m]b[er]land nere the borders of England against Scotland and many Scottesmen dwelling w[i]thin the borders of Scotland in mann[er] and forme as in the said Bill of Complt is alledgid Or that this deft and the said other alledgid or p[re]tendid Riotous p[er]sons to the nomber of forty p[er]sons and more being so unlawfully assemblid, and armid and arrayed, w[i]th Coates of plate, steile Coates shirtes of male Jackes and steele capps, and being weaponed, w[i]th swords daggers speeres lancestaves Callevers or Colveringes dagges, pistals, longbowes and arrowes sithence your Ma[jesties] last gen[er]all p[ar]don on the ninth day of december last past and divers and sundry other dayes sythence and namely on the xth xjth & xijth dayes of december last past did repayre to a place nere the said moore lying and being in Jesmond in the said County of Northu[m]b[er]land and from thence did send Robt Fenwick brother to the said Randolphe, George Wawne and Willm Bucke and div[er]se others of ye [sai]d alledged Riotous p[er]sons into Biker Moore aforesaid ther to digg, worke and sinke a Coale pitt in the Complt said soyle, ye residewe of the said Riotous p[er]sons standing red.. w[i]th force & in Riotous nomber & warlike manner to aide Countenance, assist and maynteyne the said p[er]sons so sent into Biker Moore in man[ner] and forme as in the said Bill of Complt is alledgid to this defts knowledge, Or that therupon the said Robt Fenwicke George Wawne and Willm Bucke did by the p[ro]curem[en]t of the residewe of ye said Riotous p[er]sons to ye knowledge of this defendt the same day and att divers other tymes after Riotously and Unlawfully enter into the said more and ther did worke, myne and digge, ... Coales and being desired by some of ye Complts s[er]vantes and Frendes w[hi]ch did see the wronge offred to the plt to dep[ar]te and leave of ther wronge and Riotous attempts [th]ey not only refused so to doe, but quarrelled w[i]th the complts frendes & s[er]vantes so desireinge them and maid a Riotous assalt and affray upon them in ev[er]y of [th]e said dayes w[i]th the said other Riotouse p[er]sons w[hi]ch did then remayne in Jesmond as aforesaid staying the first, set some of ther Riotous Company armed and arrayed as aforesaid to aide ther Riotous Companye as w[hi]ch maid the forcible and Riotous entryes aforesaid into Biker Moor and Cryed to them strike them downe and [kill] them meaning the Complts freinde and s[er]vantes in man[er] and forme as in the said Bill of Complt is alledged to this def knowledg, And w[i]thout that that shortly after all or ... most p[ar]te of the said Riotous p[er]sons in the Bill of Complt menconed soe assembled at Jesmond aforesaid in great raige and fury and in most Riotous manner & m[ar]ching in mar... man[er] armed .... arrayed and weaponed as is aforesaid Riotously forcibly and most unlawfully entered into ye said Byker Moore and ther did assalt the said Complts s[er]vantes in the said moore, and men... and w[i]th great terible and fearfull athes did threaten to murther and kill them if the wold not dep[ar]te and leave them to contynewe & p[ro]ceed in ther said unlawfull outragious and Riotous acts and attempts in man[er] and forme as in ye said bill of Complt is alledgid to this defts knowledge, And w[i]thout that the said p[er]sons being weaponed armed and arrayed as in the said bill of Complt is alledgid, in ev[er]y of the said ixth xth xjth & xijth dayes of december in the bill of Complt specified, did Riotously forcibly and ...... unlawfully enter into the said moore and manaced and threatened to murther and kill the plts said s[er]vantes who offred in quyett manner to hinder and stopp the unlawfull attem[pt] and wold have done soe in dede if the plts said s[er]vantes for feare of murther had not dep[ar]ted and left the said Riotous p[er]sons or any of them in the bill of Complt specified to execute ther outragious ungodly unlawfull Riotous and wiked pleasures purposes and intentes in man[er] and forme as in the said bill of complt is alledged, Or [tha]t therupon the said Riotous p[er]sons in the said bill of Complt named or some of them by ye instigacon, setting on, Countenance, mayntenance and p[ro]curm[en]t of the residewe did in ev[er]y of the said ixth xth xjth & xijth dayes of december in the bill of complt specified and at divers dayes and tymes sithence p[er]sonally and Riotously breake upp, digge, sinke and gett out quantytye of coales in the said Byker Moore and the same converted to ther owne use and damage of the complt in man[er] and forme as in the said bill of complt is alledged, howbeit he doth not deny but that he thinketh that some of the said Randolphe Fenwicks s[er]vantes and workmen by the comandm[en]t of the said Randolphe, did upon the said nynth tenthe eleventh and twelvth dayes of december now last past enter into ye said ....... called by this def Heaton Bankes, and Called by the plt Byker Moor and did upon the said severall dayes in Heaton Banckes aforesaid get coales by the commandm[en]t of the said Randolphe, But he saith that if they so did he this def was not ther and then p[re]sent nor aiding nor assisting them neyther was the same supposed Riotts Routs trespasses and misdemeanours done by his commandm[en]t And w[i]thout that the said def ...aned in the said bill of complt be [?greatly?] given or inclyned to murder in man[er] and forme as in the said bill of complt is slanderously alledged. And w[i]thout that any other matter or thing &c. All w[hi]ch matters etc/./.   
 
seazed and in possession of the said mannor of Heaton ..................................................................................... als Walker Moore as p[ar]cell therof and then had [?Cattel?] goynge and depasturinge upon the same and beinge so in possession ...................................................................... but yet hee doth not deny but that the said pl has before the making of the said lease sonnke a Coale pitte in p[ar]cell ..................................................... same sincking of A pitt was noe dispossessing of the defendt and of the said Henry Mitford of the said moore And this deft further saith that he was not p[re]sent at ye said Coale pitt or Coale pittes of Jesmond named in the said Bill of Complt on the sev[er]all dayes or tymes in the said Bill of Complt alledged of the supposed committed of the said supposed Riots Rowtes unlawfull assemblyes trespasses misdemeanors or offences in the said bill alledgid or any of them in manner and forme as in the said bill is alledgid, Without that the said ground where the said Randolph Fenwicke did digg sinke or worke or did cause to be digged sonncke or wrought for Coales is any p[ar]te or p]ar]cell of the said moores called Byker Moore in ye Bill of Complt menconed if ther be any suche, Or that the same is commonluy Called by the name of Byker Moore or is any p[ar]te or p[ar]cell of the said supposed mannor of Byker as in the said bill is supposed, but he saith that if the said moore Called Heaton Moore or Walker Moore be also Cauled Byker Moore the same name of Byker Moore is A wrong name and but of [?lait?] tyme given or taken Upp by the plts meanes upon some pollicy or intent therby to gayne some Cullor or p[re]tence of title to the same as this def thinketh And w[i]thout that Edmonde Lawson father of the Complt was lawfully seazed in his de[mesne] as of Fee of and in the mannor of Byker in the county of Northu[mber]land and of one great Common or moor called Byker More as p[ar]cell therof and dyed therof so seized, Or that by and after his death the said mannor and p[re]misses discendid and cam as ye same of right ought to discend and come to the said Complt as sonne and heire of the said Edmond, Or that by force therof the said Complt entred and was of the p[re]misses lawfully seized in his demesne as of Fee And that he the said Complt so being therof seazid hath by div[er]se and many yeres peacibly and quietly occupyed and enioyed the same .............. and enioyed the rents issues and p[ro]fitts therof and haith digged sonnke and wrought Coalemynes and Coale pittes in the same and therin gotten and obteyned great quantity of Coales to the great benyfytt of the said Complt and Common good and great p[ro]fitt to ye Common wealth w[i]thout any lett suite or trooble of any p[er]son or p[er]sons And w[i]thout that Byker is [?a?] mannor to his knowledg but he doth not deny but that ther is a township of hamlett of Byker and that the complt is seized of some p[ar]te or p[ar]tes therof and that the Complts father was also seazed of some p[ar]te therof And w[i]thout that that this def and Randolphe Fenwicke Willm Fenwicke his brother & Henry Mitford in the Bill of Complt nomynated have Confederated and Combyned themselves w[i]th the rest of the defts in the Bill of Complt nomynated in mann[er] and forme as in the said Bill of Complt is alledgid Or that all they well knowinge that great p[ro]ffitts and Commodity more like to arryse by the coale like to be gotten in the said ground w[hi]ch was found only by the plts meanes or in his right no other havinge right so to doe have sythence your Ma[jesties] last gen[er]all p[ar]don not havinge the feare of god before ther eies nor any [?Caire?] of your Ma[jesties] lawes or statutes of this Realme maid and p[ro]vided against Riotts Rowtes Unlawfull assemblyes maintenance & Forcible entryes have most falsly wickedly unlawfully and ungodly Conspired Complotted practysed and devised emongst themselves to entitle this def and Henry Mitford in the Bill of Complt menconed by some p[re]tendid title in the same more and Coale mynes and to maynteyne this def and the said Henry Mitford and ther p[re]tenced title not w[i]thstanding that they and ev[er]y of them well knoweth that they never were in possession therof by the space of one yere last past before the fist day of december nor ever were in possession of the said moore and have resolvid vowed Conspired and agreed utterly to disinherit the said Complt of the said moore and Coale mynes forcibly and by strong hand to enter into worke take and gett coales in the same wrongfully and to convert the same to ther owne uses in mann[er] and forme as in the said Bill of Complt is alledgid, Or that this def and the said other p[er]sones the better to affect ther malicious plott practise devise and purpose aforesaid have sithence your Ma[jesties] last gen[er]all pardon most Riotously, forcibly and unlawfully assembled themselves togeather, aggregatinge, and gatheringe into ther companyes div[er]se and many other Lewde outragious and evill disposed people dwellinge in Northu[m]b[er]land nere the borders of England against Scotland and many Scottesmen dwelling w[i]thin the borders of Scotland in mann[er] and forme as in the said Bill of Complt is alledgid Or that this deft and the said other alledgid or p[re]tendid Riotous p[er]sons to the nomber of forty p[er]sons and more being so unlawfully assemblid, and armid and arrayed, w[i]th Coates of plate, steile Coates shirtes of male Jackes and steele capps, and being weaponed, w[i]th swords daggers speeres lancestaves Callevers or Colveringes dagges, pistals, longbowes and arrowes sithence your Ma[jesties] last gen[er]all p[ar]don on the ninth day of december last past and divers and sundry other dayes sythence and namely on the xth xjth & xijth dayes of december last past did repayre to a place nere the said moore lying and being in Jesmond in the said County of Northu[m]b[er]land and from thence did send Robt Fenwick brother to the said Randolphe, George Wawne and Willm Bucke and div[er]se others of ye [sai]d alledged Riotous p[er]sons into Biker Moore aforesaid ther to digg, worke and sinke a Coale pitt in the Complt said soyle, ye residewe of the said Riotous p[er]sons standing red.. w[i]th force & in Riotous nomber & warlike manner to aide Countenance, assist and maynteyne the said p[er]sons so sent into Biker Moore in man[ner] and forme as in the said Bill of Complt is alledgid to this defts knowledge, Or that therupon the said Robt Fenwicke George Wawne and Willm Bucke did by the p[ro]curem[en]t of the residewe of ye said Riotous p[er]sons to ye knowledge of this defendt the same day and att divers other tymes after Riotously and Unlawfully enter into the said more and ther did worke, myne and digge, ... Coales and being desired by some of ye Complts s[er]vantes and Frendes w[hi]ch did see the wronge offred to the plt to dep[ar]te and leave of ther wronge and Riotous attempts [th]ey not only refused so to doe, but quarrelled w[i]th the complts frendes & s[er]vantes so desireinge them and maid a Riotous assalt and affray upon them in ev[er]y of [th]e said dayes w[i]th the said other Riotouse p[er]sons w[hi]ch did then remayne in Jesmond as aforesaid staying the first, set some of ther Riotous Company armed and arrayed as aforesaid to aide ther Riotous Companye as w[hi]ch maid the forcible and Riotous entryes aforesaid into Biker Moor and Cryed to them strike them downe and [kill] them meaning the Complts freinde and s[er]vantes in man[er] and forme as in the said Bill of Complt is alledged to this def knowledg, And w[i]thout that that shortly after all or ... most p[ar]te of the said Riotous p[er]sons in the Bill of Complt menconed soe assembled at Jesmond aforesaid in great raige and fury and in most Riotous manner & m[ar]ching in mar... man[er] armed .... arrayed and weaponed as is aforesaid Riotously forcibly and most unlawfully entered into ye said Byker Moore and ther did assalt the said Complts s[er]vantes in the said moore, and men... and w[i]th great terible and fearfull athes did threaten to murther and kill them if the wold not dep[ar]te and leave them to contynewe & p[ro]ceed in ther said unlawfull outragious and Riotous acts and attempts in man[er] and forme as in ye said bill of Complt is alledgid to this defts knowledge, And w[i]thout that the said p[er]sons being weaponed armed and arrayed as in the said bill of Complt is alledgid, in ev[er]y of the said ixth xth xjth & xijth dayes of december in the bill of Complt specified, did Riotously forcibly and ...... unlawfully enter into the said moore and manaced and threatened to murther and kill the plts said s[er]vantes who offred in quyett manner to hinder and stopp the unlawfull attem[pt] and wold have done soe in dede if the plts said s[er]vantes for feare of murther had not dep[ar]ted and left the said Riotous p[er]sons or any of them in the bill of Complt specified to execute ther outragious ungodly unlawfull Riotous and wiked pleasures purposes and intentes in man[er] and forme as in the said bill of complt is alledged, Or [tha]t therupon the said Riotous p[er]sons in the said bill of Complt named or some of them by ye instigacon, setting on, Countenance, mayntenance and p[ro]curm[en]t of the residewe did in ev[er]y of the said ixth xth xjth & xijth dayes of december in the bill of complt specified and at divers dayes and tymes sithence p[er]sonally and Riotously breake upp, digge, sinke and gett out quantytye of coales in the said Byker Moore and the same converted to ther owne use and damage of the complt in man[er] and forme as in the said bill of complt is alledged, howbeit he doth not deny but that he thinketh that some of the said Randolphe Fenwicks s[er]vantes and workmen by the comandm[en]t of the said Randolphe, did upon the said nynth tenthe eleventh and twelvth dayes of december now last past enter into ye said ....... called by this def Heaton Bankes, and Called by the plt Byker Moor and did upon the said severall dayes in Heaton Banckes aforesaid get coales by the commandm[en]t of the said Randolphe, But he saith that if they so did he this def was not ther and then p[re]sent nor aiding nor assisting them neyther was the same supposed Riotts Routs trespasses and misdemeanours done by his commandm[en]t And w[i]thout that the said def ...aned in the said bill of complt be [?greatly?] given or inclyned to murder in man[er] and forme as in the said bill of complt is slanderously alledged. And w[i]thout that any other matter or thing &c. All w[hi]ch matters etc/./.   

Latest revision as of 15:53, 24 January 2019

Court of Star Chamber:

Raphe Lawson v Randle Fenwicke of Newcastell uppon Tyne, Willm Fenwicke his brother, Robert Metforde of Sighill in the said Countie, Henry Metforde of Newcastell, Robert Fenwicke, Lyonell Fenwicke, Oswould Fenwicke, Jerrado Fenwicke, John Fenwicke of Brenkelie in the said Countie, and John Fenwicke his bastard brother, Martyn Fenwicke, Roberte Fenwicke of Whellpington in the said Countie, Henry Elwood, Roberte Errington, James Lawson, George Wawne, Edward Lawrence and Willm Bucke

Transcript: Dave King


Contents

Bill of complaint:

To the Queenes moste excellente Ma[jestie]

Moste humblie Complayninge sheweth unto you moste excellent Ma[jestie] your faythfull and obediente subiecte Raphe Lawson of Bourgh w[i]thin the County of Yorke Esquire That whereas Edmond Lawson Father of your said subiecte was lawfullie seised in his demesne as of Fee of and in the mannor of Byker in the Countie of Northumberland and of one greate Common or more called Biker Moore as p[ar]cell thereof And died so seised by and after whose death the said mannor and p[re]mysses discended and came as the same of Right ought to discende and come to your said subiecte as sone and heyer of the said Edmonde By force whereof your said subiecte entered and was of the p[re]mysses Lawfully seised in his demesne as of Fee and he your said subiecte soe beinge thereof seised hath by dyvers and many yeares pea[cea]blie and quietly occupied and enioyed the same and taken Receaved and enioyed the Rents yssues and p[ro]ffyttes thereof and hath digged suncke and wrought Coale myne[s] and Cole pittes in the same and therein gotten and obteyned greate quantitie of Coales to the greate benefite of your said subiecte and Common good and greate p[ro]fitt to the Common wealth withoute any Lett suyte or troble of any p[er]son or p[er]sons But so it is yf it may please your Ma[jestie] That one Randle Fenwicke of Newcastell uppon Tyne gentleman Willm Fenwicke his brother Robert Metforde of Sighill in the said Countie Esquier and one Henry Metforde of Newcastell marchant have Confederated and Combined them selves w[i]th Randall Fenwicke Robert Fenwicke Lyonell Fenwicke Oswould Fenwicke Jerrado Fenwicke John Fenwicke of Brenkelie in the said Countie and John Fenwicke ... Bastarde brother Martyn Fenwicke Roberte Fenwicke of Whellpington in the said Countie Henry Elwood Roberte Errington James Lawson George Wawne Edward Lawrence and Willm Bucke all w[hi]ch well knowinge that greate proffitts and comodityes were lyke to aryse by the Coale like to be gotten in the said grounde w[hi]ch was fownd only by your subiectes meanes or in his right no other havinge right soe to doe have sythens your Ma[jesties] laste generall pardon not havinge the feare of god before their eyes nor any care of your Ma[jesties] Lawes or statutes of this Realme made and p[ro]vided againste Ryotts Routs unlawfull assemblies maintenance and forcible entries have most falsly wickedly unlawfully and ungodly Conspired Complotted practised and devised amongst them selves to intitle the said Roberte Mettford and Henry Mettford to some p[re]tended Tytle in the same moore and Coale mynes and to maynteyne the said Roberte and Henry Mettford their p[re]tended Tytle notw[i]thstandinge that they and every of them well knoweth that they never were in possession thereof by the space of one yeare laste paste before the fifte daye of december nor ever were in possession of the said moore And they have resolved vowed Conspired and agreed utterly to disinherite your said subiecte of the said moore and Cole mynes and forceably and by stronge hande to enter into worke take and gett Coales in the same wrongfully and againste your subiectes will and Converte the same to their owne uses and the better to effecte their malicious plotte practize devise and purpose aforesaid they the said Robert Metford Henrye Metford Randall Fenwicke Willm Fenwicke his brother Robert Fenwicke Lionell Fenwicke Oswald Fenwicke Jerrard Fenwicke John Fenwicke Martin Fenwicke Roberte Fenwicke Henry Elwood Roberte Errington James ..awson George Lawne(sic) Edward Lawrence and Willm Backe sythence your Ma[jesties] laste gen[er]all p[ar]don have moste riotouslye forceablye and unlawfully assembled them selves together aggregatinge and gatheringe into their Companyes divers and many other Lewde owteragious and evell disposed people dwellinge in Morthumberland nere the borders of England againste Scotland and many Scotesmen dwellinge w[i]thin the borders of Scotlande whose names are yet unknowen to your said subiecte and they the said riotous p[er]sons to the nomber of Fortye p[er]sons and more beinge so unlawfully assembled and armed and arrayed w[i]th Coates of plates steele Coates shirts of male Jackes and steele Cappes and beinge weaponed w[i]th swordes daggers speares Lance staves Cullv[er]ins dagges pystolls Longe bowes and arrowes sythence your Ma[jesties] laste generall p[ar]don on the nynth daye of December Laste paste and at divers and sondry other dayes sythens and namelye uppon the xth xjth and xijth dayes of december laste paste did repaire to a place neare the said moore Lyinge and beinge in Jesmonde in the said Countie of Northumberland and from thence did sende Roberte Fenwicke brother to the said Randall George Wawne and Willm Bucke and div[er]s others of the said Riotous p[er]sons into Byker Moore aforesaid there to digge worke and synke a Coale Pitt in your subiectes said soyle the residue of the said Riotous p[er]sons standinge readye w[i]th force and in Riotous nomber and warlike mann[er] to aide Countenannce assist and mayneteyne the said p[er]sons so sente into Byker Moore where uppon the said Roberte Fenwicke George Wawne and Willm Bucke did by the p[ro]curem[en]t of the residue of the said Riotous p[er]sons the same daye and at div[er]se other tymes after Riotously and unlawfully entered into the said moore and there did worke myne and digge for Coales and beinge desired by some of your said subiectes servantes and friendes w[hi]ch did see the wronge offered to your said subiecte to dep[ar]te and leave of their wronge and Riotous attempts they not only refused so to doe but quarrelled w[i]th your said subiectes freindes and servantes so desiringe them and made a Riotous assaulte and affray uppon them in everye of the said dayes with the said other Riotous p[er]sons w[hi]ch did then Remayne in Jesmond as aforesaid stayinge the firste sett some of their Riotous Companye armed and arrayed as aforesaid to aide theire Riotous Companyons w[hi]ch made the forcyble and Riotous Entryes aforesaid into Byker Moore as is aforesaid and cryed to them stricke them downe and kill them meanynge your said subiectes freindes and servantes And shortely after all or the most p[ar]te of the said Riotous p[er]sons so assembled at Jesmonnde aforesaid in greate Rage and furye and in moste Riotous manner and marchinge in warlike manner armed arrayed and weaponed as is aforesaid Riotously forcibly and most unlawfully entered into the said Byker Moore and there did assaulte your said subiectes servanntes in the said moore And manaced and with greate tearable and fearefull oathes did threaten to murther and kyll them if they would not dep[ar]te and Leave them to continewe and p[ro]ceade in their said unlawfull outragious and Riotous Actes and attempts and the said Riotous p[er]sons beinge weaponed Armed and arrayed as is aforesaid in every of the said Nyne tenth elleventh and twelveth daies of december Laste w[hi]ch were after your Ma[jesties] Laste gen[er]all p[ar]don did Riotousely forciblie and moste unlawfullye enter into the said moore and menaced and threatened to murther and kill your said subie... servanntes who offered in quiett manner to hinder and stoppe their unlawfull attemptes and would have donne so indeede as they them selves have confessed yf your said subiectes servanntes for feare of murther where unto the said Riotous p[er]sons were much inclyned had not departed and lefte the said Riotous p[er]sons to ..... their outeragious ungodlye unlawfull Riotous and wicked pleasures purposes and intentes and thereuppon the said Riotous p[er]sons or some of them By the ins... settinge on Countenance maintenance and procuremente of the residue did in every of the said nyne tenth elleventh and twelveth Dayes of december laste and .... divers dayes and tymes sythence p[er]sonably and Riotously breake upp digge sincke and gett greate quantitie of Coales in the said Byker Moore and the said converted to their owne use and damage of your said subiecte, All w[hi]ch Riottes Rowtes unlawfull assemblies mayntenance and other the misdemeanors aforesaid are not only Contrary to your Ma[jesties] Lawes and statutes of this Realme But also in open manefeste Contempt whereof and to the greate losse wronge and damage of your said subiecte but also tende to the danngerous and evill example and greate incoragment of such Lewde and .... dispose people wh....... there be many in that Countrye yf Condinge punishm[en]t be not therein shewed and extended In tender Consyderacion whereof and to thende the said Riotous p[er]sons and malefactors maye receave Condigne punyshment for the said offences It maye please your moste exc[ellent] Ma[jesty] to grannte your Ma[jesties] gracious processe of Subpena to be directed to the said Robert Metford Henry Metford Randle Fenwicke Willm Fenwicke Roberte Fenwicke Lionell Fenwicke Oswall Fenwicke Jerrard Fenwicke John Fenwicke of Brinkley and John Fenwicke his bastard brother Mar... Fenwicke Roberte Fenwicke of Whelpington Henry Elwood Robert Errington James Lawson George Wawne Edward Lorence and Willm Bucke Commandinge them and every of them at a certaine daye to be therein Lymytted to be and p[er]sonally appeare before your moste excellente Ma[jestie] in your highnes Ho[norable] Courte of Starr Chamber then and there to awnswere the p[re]mysses and to stande to such order touchinge the same as your highnes shall thincke meete And your said subiecte &c


Answer of Robt Mitforde:

Thanswere of Robt Mitforde Esquier one of the defts to the Bill of Complt of Raiphe Lawson Complt./

The said def saith that the said Bill of Complt and the matters therin conteyned or the most p[ar]te therof is exhibited and are p[re]ferred against him of meere mallice and evill will as he thinketh and of Intent and purpose to put him this def and the other the defts in the said Bill named to great and Excessive costs Charges and Expenses in lawe and of intent to p[re]vent (or to have p[re]vented [)] the said Randolphe Fenwicke named in the said Bill of Complt or someof the defts named in the said Bill of Complt that haith had or have had great cause to Compleyne in this ... Court against the said Complt and some other his Complices s[er]vantes or workmen for many very great Riots Routs outrages by them or by some of them most violently unlawfully done and Committed either against some of the defts named in the said Bill of Complt or against the said Randolph Fenwicke or his s[er]vantes frendes workmen and furtherers of his worke in Digginge and getting of Coales in a place after menconed in this answere Called Haton Bankes and being p[ar]cell of Haton Moore, and being [C]laimed or p[re]tended by the Complt to be p[ar]cell of Biker Moore rather then of any good matter as this def thinketh concerning this def himselfe, The advantage of excepcons to the incertentye and insufficiency of w[hi]ch said Bill of Complt at all tymes hereafter to this deft saved for Answere therunto or to so much therof as concernith this def he further saith that as to any Riott Rowte Unlawfull assembly Riotous assalt and affray, battery unlawfull Combynacon Unlawfull plotting practising or Conspiracy Unlawfull p[ro]curem[en]t and all other trespasses offences and misdemeanors in the said Bill of Complt alledged to have bene practised Committed done or p[ro]cured that he is not therof guiltye in man[er] and forme as in the said Bill of Complt is alledgid And as to the residewe of the materiall matters in the said Bill of Complt alledged w[hi]ch concerne this def he for further Answere therunto saith that he this def and Henry Mitford in the Bill of Complt nomynated were heretofore and at the sev[er]all tymes in the Bill of Complt menconed of the supposed doing and [Co]mmitting of the supposed Riotts Rowtes trespasses offences and misdemeanors in the said Bill of Complt menconed lawfully seized in ther domeane as of Fee or of some estait of Inheritance of and in the manor or lordship of Heaton w[i]th thappurtenances in the county of Northu[m]b[er]land and of all the .... landes waistes moores and Commons p[ar]cell of or ...teyning or belonging to the manor or lo[rdship] of Heaton aforesaid and namely of and in one great waist moore or Common Called or knowne by the name of Heaton Moore als Walker Moore lying w[i]thin & being p[ar]cell of the said manor or Lo[rdship] of Heaton and of one p[ar]cell of wayst ground Called Heaton Bankes p[ar]cell of the said more called Heaton More als Walker Moore be[ing] p[ar]cell of the mannor or Lo[rdship] of Heaton aforesaid w[hi]ch said moore called Heaton Moore als Walker Moore haith bene p[ar]cell of ye said ...... of Heaton and hath bene so accompted and taken [d]uring all the tyme wherof manes memory is not to the Contrary and the said p[ar]cell of Waist ground Called or knowne by the name of Heaton Bankes is p[ar]cell and by all the tyme wh[er]of the memory of man is not to the contrary haith bene p[ar]cell of the said greate more or waste called haton More als Walker Moore and p[ar]cell of the said mannor or L[ordship] of Heaton and so nowe is and by the like tyme hath bene commonly accompted reputed and taken to be p[ar]cell of the said moore or waist called Heaton More als Walker Moore and p[ar]cell of the said mannor or lo[rdship] of Heaton w[hi]ch said moore called Heaton Moore als Walker Moor is the same Common or moore w[hi]ch the said Complt p[re]tendeth in his said Bill of Complt to be [ca]lled or named by the name of Byker Moore amd w[hi]ch the said Complt p[re]tendith and claymith to be p[ar]te and p[ar]cell of the suppoysed mannor of Byker in the Bill also menconed and the said pla.... ... this def alledgith to be called Heaton Bankes is the place in the said Bill of complt menconed wherin the complt alledgith the unlawfull digginges and getting of Coales to have bene And this def further saith that he the def and the said Henry Mitford so beinge of the said mannor or lo[rdship] of Heaton and of the said moore called Heaton Moore als Walker Moore and of all the .... landes waistes moores and Commons p[ar]cell of the said Mannor or lo[rdship] of Heaton and also of the said moore Common or Waist ground called Heaton Bankes as p[ar]cell of the said great more called Heaton Moore als Walker Moore and p[ar]cell of the said mannor or lo[rdship] of Heaton seized of such estait as is aforesaid and being resolvid and p[er]swadid that ther was a myne of Coales [to] be found w[i]thin the s[ai]d ground called Heaton Moore als Walker Moore w[hi]ch might be very p[ro]fitable and beneficiall for the com[mon] welth of the Country if the same could be found out did p[ar]tly in consideracon that Randolphe Fenwicke in the Bill named nowe deceased shold fynd or cause to be found out the said coale myne and shold cause coales to be gotten ther and p[ar]tly upon other go[od] and lawfull consider[acon] them therunto moving by ther Indenture bearing dait in or about the first day of August w[hi]ch was in the xxxvijth yere of hir Ma[jesties] reigne demyse grannt and to Farme lett unto the sa[id] Randolphe Fenwicke aswell all the said Coale mynes and Vayne of Coales lyinge w[i]thin the said moore or Common of Heaton and in the said p[ar]cell of ground Called Heaton Bankes aforesaid As also free lib[er]tye to sincke pittes or shaftes for getting of the Coales and to digg myne and gett Coales in ev[er]ye or any p[ar]te of the said moore Called Heaton Moore als Walker M[oore] and also sufficient way leives and [?staithe?] leives in all or any p[ar]te of the said moore or Common aforesaid Called Heaton Moore als Walker Moore and Heaton Bankes to have and to hold the [?same?] unto the said Randolphe Fenwick for A certayne terme of yeres yett enduring and being begonn before the ixth day of December nowe last past menconed in the said Bill [of] Complt by force wherof the said Randolphe Fenwicke entred into the said moore Common or waist ground Called Heaton Bankes aforesaid beinge p[ar]cell of the said mannor or lo[rdship] of Heat[on] and by himselfe his workmen or s[er]vantes and helpers haith digged and sunken A Coalepitt in the said p[ar]cell of ground Called Heaton Bankes p[ar]cell of the said mannor of Heaton and haith gotten and Caused to be gotten Coles ther at the sev[er]all dayes in the said Bill of Complt menconed as this def thinketh and this thinketh that it was lawfull for the said Randolphe so to doe w[hi]ch demise and grant aforesaid is in effect and aubstance all that this def dod towching the supposed Riotts ..... Unlawfull assemblyes affrayes be...inges p[ro]curem[en]ts trespasses misdemeanors and offences in the said bill of Complt menconed, And this def ......................... ................................................ by the space of one yere and more next before the makinge of the said lease were seazed and in possession of the said mannor of Heaton ..................................................................................... als Walker Moore as p[ar]cell therof and then had [?Cattel?] goynge and depasturinge upon the same and beinge so in possession ...................................................................... but yet hee doth not deny but that the said pl has before the making of the said lease sonnke a Coale pitte in p[ar]cell ..................................................... same sincking of A pitt was noe dispossessing of the defendt and of the said Henry Mitford of the said moore And this deft further saith that he was not p[re]sent at ye said Coale pitt or Coale pittes of Jesmond named in the said Bill of Complt on the sev[er]all dayes or tymes in the said Bill of Complt alledged of the supposed committed of the said supposed Riots Rowtes unlawfull assemblyes trespasses misdemeanors or offences in the said bill alledgid or any of them in manner and forme as in the said bill is alledgid, Without that the said ground where the said Randolph Fenwicke did digg sinke or worke or did cause to be digged sonncke or wrought for Coales is any p[ar]te or p]ar]cell of the said moores called Byker Moore in ye Bill of Complt menconed if ther be any suche, Or that the same is commonluy Called by the name of Byker Moore or is any p[ar]te or p[ar]cell of the said supposed mannor of Byker as in the said bill is supposed, but he saith that if the said moore Called Heaton Moore or Walker Moore be also Cauled Byker Moore the same name of Byker Moore is A wrong name and but of [?lait?] tyme given or taken Upp by the plts meanes upon some pollicy or intent therby to gayne some Cullor or p[re]tence of title to the same as this def thinketh And w[i]thout that Edmonde Lawson father of the Complt was lawfully seazed in his de[mesne] as of Fee of and in the mannor of Byker in the county of Northu[mber]land and of one great Common or moor called Byker More as p[ar]cell therof and dyed therof so seized, Or that by and after his death the said mannor and p[re]misses discendid and cam as ye same of right ought to discend and come to the said Complt as sonne and heire of the said Edmond, Or that by force therof the said Complt entred and was of the p[re]misses lawfully seized in his demesne as of Fee And that he the said Complt so being therof seazid hath by div[er]se and many yeres peacibly and quietly occupyed and enioyed the same .............. and enioyed the rents issues and p[ro]fitts therof and haith digged sonnke and wrought Coalemynes and Coale pittes in the same and therin gotten and obteyned great quantity of Coales to the great benyfytt of the said Complt and Common good and great p[ro]fitt to ye Common wealth w[i]thout any lett suite or trooble of any p[er]son or p[er]sons And w[i]thout that Byker is [?a?] mannor to his knowledg but he doth not deny but that ther is a township of hamlett of Byker and that the complt is seized of some p[ar]te or p[ar]tes therof and that the Complts father was also seazed of some p[ar]te therof And w[i]thout that that this def and Randolphe Fenwicke Willm Fenwicke his brother & Henry Mitford in the Bill of Complt nomynated have Confederated and Combyned themselves w[i]th the rest of the defts in the Bill of Complt nomynated in mann[er] and forme as in the said Bill of Complt is alledgid Or that all they well knowinge that great p[ro]ffitts and Commodity more like to arryse by the coale like to be gotten in the said ground w[hi]ch was found only by the plts meanes or in his right no other havinge right so to doe have sythence your Ma[jesties] last gen[er]all p[ar]don not havinge the feare of god before ther eies nor any [?Caire?] of your Ma[jesties] lawes or statutes of this Realme maid and p[ro]vided against Riotts Rowtes Unlawfull assemblyes maintenance & Forcible entryes have most falsly wickedly unlawfully and ungodly Conspired Complotted practysed and devised emongst themselves to entitle this def and Henry Mitford in the Bill of Complt menconed by some p[re]tendid title in the same more and Coale mynes and to maynteyne this def and the said Henry Mitford and ther p[re]tenced title not w[i]thstanding that they and ev[er]y of them well knoweth that they never were in possession therof by the space of one yere last past before the fist day of december nor ever were in possession of the said moore and have resolvid vowed Conspired and agreed utterly to disinherit the said Complt of the said moore and Coale mynes forcibly and by strong hand to enter into worke take and gett coales in the same wrongfully and to convert the same to ther owne uses in mann[er] and forme as in the said Bill of Complt is alledgid, Or that this def and the said other p[er]sones the better to affect ther malicious plott practise devise and purpose aforesaid have sithence your Ma[jesties] last gen[er]all pardon most Riotously, forcibly and unlawfully assembled themselves togeather, aggregatinge, and gatheringe into ther companyes div[er]se and many other Lewde outragious and evill disposed people dwellinge in Northu[m]b[er]land nere the borders of England against Scotland and many Scottesmen dwelling w[i]thin the borders of Scotland in mann[er] and forme as in the said Bill of Complt is alledgid Or that this deft and the said other alledgid or p[re]tendid Riotous p[er]sons to the nomber of forty p[er]sons and more being so unlawfully assemblid, and armid and arrayed, w[i]th Coates of plate, steile Coates shirtes of male Jackes and steele capps, and being weaponed, w[i]th swords daggers speeres lancestaves Callevers or Colveringes dagges, pistals, longbowes and arrowes sithence your Ma[jesties] last gen[er]all p[ar]don on the ninth day of december last past and divers and sundry other dayes sythence and namely on the xth xjth & xijth dayes of december last past did repayre to a place nere the said moore lying and being in Jesmond in the said County of Northu[m]b[er]land and from thence did send Robt Fenwick brother to the said Randolphe, George Wawne and Willm Bucke and div[er]se others of ye [sai]d alledged Riotous p[er]sons into Biker Moore aforesaid ther to digg, worke and sinke a Coale pitt in the Complt said soyle, ye residewe of the said Riotous p[er]sons standing red.. w[i]th force & in Riotous nomber & warlike manner to aide Countenance, assist and maynteyne the said p[er]sons so sent into Biker Moore in man[ner] and forme as in the said Bill of Complt is alledgid to this defts knowledge, Or that therupon the said Robt Fenwicke George Wawne and Willm Bucke did by the p[ro]curem[en]t of the residewe of ye said Riotous p[er]sons to ye knowledge of this defendt the same day and att divers other tymes after Riotously and Unlawfully enter into the said more and ther did worke, myne and digge, ... Coales and being desired by some of ye Complts s[er]vantes and Frendes w[hi]ch did see the wronge offred to the plt to dep[ar]te and leave of ther wronge and Riotous attempts [th]ey not only refused so to doe, but quarrelled w[i]th the complts frendes & s[er]vantes so desireinge them and maid a Riotous assalt and affray upon them in ev[er]y of [th]e said dayes w[i]th the said other Riotouse p[er]sons w[hi]ch did then remayne in Jesmond as aforesaid staying the first, set some of ther Riotous Company armed and arrayed as aforesaid to aide ther Riotous Companye as w[hi]ch maid the forcible and Riotous entryes aforesaid into Biker Moor and Cryed to them strike them downe and [kill] them meaning the Complts freinde and s[er]vantes in man[er] and forme as in the said Bill of Complt is alledged to this def knowledg, And w[i]thout that that shortly after all or ... most p[ar]te of the said Riotous p[er]sons in the Bill of Complt menconed soe assembled at Jesmond aforesaid in great raige and fury and in most Riotous manner & m[ar]ching in mar... man[er] armed .... arrayed and weaponed as is aforesaid Riotously forcibly and most unlawfully entered into ye said Byker Moore and ther did assalt the said Complts s[er]vantes in the said moore, and men... and w[i]th great terible and fearfull athes did threaten to murther and kill them if the wold not dep[ar]te and leave them to contynewe & p[ro]ceed in ther said unlawfull outragious and Riotous acts and attempts in man[er] and forme as in ye said bill of Complt is alledgid to this defts knowledge, And w[i]thout that the said p[er]sons being weaponed armed and arrayed as in the said bill of Complt is alledgid, in ev[er]y of the said ixth xth xjth & xijth dayes of december in the bill of Complt specified, did Riotously forcibly and ...... unlawfully enter into the said moore and manaced and threatened to murther and kill the plts said s[er]vantes who offred in quyett manner to hinder and stopp the unlawfull attem[pt] and wold have done soe in dede if the plts said s[er]vantes for feare of murther had not dep[ar]ted and left the said Riotous p[er]sons or any of them in the bill of Complt specified to execute ther outragious ungodly unlawfull Riotous and wiked pleasures purposes and intentes in man[er] and forme as in the said bill of complt is alledged, Or [tha]t therupon the said Riotous p[er]sons in the said bill of Complt named or some of them by ye instigacon, setting on, Countenance, mayntenance and p[ro]curm[en]t of the residewe did in ev[er]y of the said ixth xth xjth & xijth dayes of december in the bill of complt specified and at divers dayes and tymes sithence p[er]sonally and Riotously breake upp, digge, sinke and gett out quantytye of coales in the said Byker Moore and the same converted to ther owne use and damage of the complt in man[er] and forme as in the said bill of complt is alledged, howbeit he doth not deny but that he thinketh that some of the said Randolphe Fenwicks s[er]vantes and workmen by the comandm[en]t of the said Randolphe, did upon the said nynth tenthe eleventh and twelvth dayes of december now last past enter into ye said ....... called by this def Heaton Bankes, and Called by the plt Byker Moor and did upon the said severall dayes in Heaton Banckes aforesaid get coales by the commandm[en]t of the said Randolphe, But he saith that if they so did he this def was not ther and then p[re]sent nor aiding nor assisting them neyther was the same supposed Riotts Routs trespasses and misdemeanours done by his commandm[en]t And w[i]thout that the said def ...aned in the said bill of complt be [?greatly?] given or inclyned to murder in man[er] and forme as in the said bill of complt is slanderously alledged. And w[i]thout that any other matter or thing &c. All w[hi]ch matters etc/./.


Interrogatories:

(NOTE - The following Interrogatories have no header, and therefore it is not clear to whom they are addressed, neither are they numbered, so it is unclear whether they are detached from a larger group of Interrogatories. The re-examinations which follow refer to at least 12 Interrogatories)

Item whether have notte Robert Mettford and Henrye Mettford or one of them made unto you or anye other the defendants or anye other to your use anye estate or estates lease or otherwise of and in the sayed moore or of and in anye parte or p[ar]cell therof or comonlye reputed, taken or knowen as parte or p[ar]cell therof by anye other name or names then by the name of Byker Moore or by the name of Byker Moore or percell therof yea or noe yf yea then what estate or lease, by what name and interest by what righte and interest of their or eyther of their owne have they or eyther of them soe done declare and expresse certeinlye what estate or righte the sayed the sayed(sic) Robert or Henrye or eyther of them have or doe challenge therin as you knowe, and whether have nott you by coullour or pretence of the sayed estate or lease soe unto you by them made or otherwise entered upon p[ar]cell of the sayed moore called Byker Moore or comonlye reputed or taken as p[ar]te or p[ar]cell of sayed more or in and upon the confines, borders, or limitts, therof whiche hath continuallye used, occupyed, and enioyed by the sayed Complt and his anncestors and therby yourself or frends or servants digged and sunke coale pittes and mines for coles yea or noe and whether have nott the sayed Robert Mettford and Henrye Mettford or eyther of them made unto you or anye other by your knowledge wherunto you are p...nye confederate or consentinge anye suche estate, or estates, of anye parte p[ar]cell border or confine of the sayed moore by anye other name or names then by the name of Byker Moore w[hi]ch hathe bin hertofore used, occupyed, and enioyed by the said Complt and his sayed anncestors and of suche parte or p[ar]cell of the sayed waste grounde or suche Borders and confines therof Limitinge or adioyninge therunto as hathe nott bin in the possession of them the sayed Roberte and Henrye Mettford or eyther of them or by them whose righte they seeme to claime by the space of one whole yeare last past before their sayed demise grannte, or lease soe unto you made yea or noe

Item doe you nott knowe or in your conscience thinke the sayed p[ar]cell of moore ground soe entered uppon by the sayed Mettfords and their sayed assignes or by your self and other your companye soe entered uppon as aforesayed to be parte of the sayed moore called Byker Moore and nott to be called reputed and knowen by the name of Heton Bankes or belonginge to the sayed mannor of Heton as anye parte p[ar]cell or member therof

Item whether doe you knowe Heton Bankes yea or noe And whether dothe nott the place called Hetonn Bankes lye west from Heatonn yea or noe And whether have you nott seene or have heard saye that the stockes or roots of old trees w[hi]ch have bin felled and Cutt in the said place called Heaton Bankes are yett remaininge in view And whether doe you nott knowe or have heard that the place now in controversye where the Coles are gotten is called Byker Bankes or Bicker Edge and nott Heaton Bankes


Re-examinations of Robarte Fenwick & Lyonell Fenwick, dated 12 January 39 Eliz:

The Reexaminacons of Robarte Fenwick and Lyonell Fenwick Gentlemen of and upon certen Interrogatories on the parte and behalf of Raphe Lawson Esquier to theise p[oi]ntes annexed Taken att the Towne of Newcastle upon Tyne the Twelfte daie of Januarye in the Nyne and Thirtye yeare of the reigne of our soveraigne ladie Elizabeth by the grace of god quene of Englande Frannce and Irelande Defender of the fathe &c before William Jenison Oliver Ogle William Lawson of Rock and Thomas Riddell Gentlemen Commissioners in that behalf assigned by vertue of the quenes ma[jesties] Commission hearunto annexed forthe of hir highnes highe Courte of Starrchamber to the .. directed as hearafter ensueth (vidlte)

Robarte Fenwick of the Towne of Newcastle upon Tyne in the Countie of the same Towne marchannte of the Age of Three and Thirtie yeares or thearaboutes Taken sworne and examined the daie and yeare abovesaide deposeth and saithe as followeth

To the Thirde Interrogatorie he saithe That Robarte Mitforde and Henry Mitforde in this Interrogatorie named did make a Lease for the Tearme of Fowre yeares of all the Coles and Colemynes aswell opened as not opened lyinge and beinge in the groundes called Heaton More and Heaton Bankes to Randoll Fenwick late brother of this Examinate deceased with sufficiente and conveniente groundleave waieleave and hape roome in and throughe the same groundes called Heaton More and Heaton Bankes for the layinge leadinge and placinge of the Coales there to be founde wroughte and gotten and free libertie for doinge of any other thinge incidente to workinge of the Coales within the saide groundes But for anye Lease made by the said Robarte and Henrye Mitforde to the said Randoll Fenwick or to anye other of the more called Byker More or of anye other groundes by the name of Biker More this Examinate knoweth not But what righte and intereste the saide Robarte and Henrye Mitforde or either of them have or make to the saide groundes called Heaton More and Heaton Bankes he this deponente knoweth not ... by what inheritance which they or thone of them have or claime in the same groundes And this Examinate further saithe that to his knowledge he hathe not by collour or pretence of the said Lease so unto the saide Randoll Fenwick made entred upon p[ar]cell of Byker More or upon the confines or borders of Byker More which hath continuallye beene used occupied and enioyed by the saide complainante and his Ancestors nor the....... by himselfe or his freindes or servantes digged and sunke coale pittes and mynes for Coales And this deponente verilye thinketh that the saide Robarte and Henrie Mitforde or tho[n]e of them weare in possession of the groundes wheare the Colemynes so demised to the saide Randoll Fenwick as above saide lyeth a yeare before the tyme of the saide demise made, And further to this Interrogatorie he cannot depose,

To the Nynthe Interrogatorye he saithe he knoweth not nor in his conscience thinketh the said parcell of more grounde so entred upo[n] is aforesaide by the saide Mitfords or their assignes or by him this Examinate or anye his companye to be parte of the saide more called Byker More or to be called reputed or knowne by the name of Byker More, But this Examinate verilie thinketh the same to be p[ar]cell and belonginge to the mannore of Heaton and to have beene called reput[ed] and knowne by the name of Heaton More and Heaton Bankes

To the Twelfte Interrogatorie he saieth he verilie thinketh that the groun[des] nowe in controversie whearin the Coles are digged are parcell of Heaton More and Heaton Bankes and he verilie thinketh the same to lye westwarde and .. the southwarde of the [?weste?] of Heaton And he further saithe he hathe hearde that their hath beine trees [?cutt?] in the bankes called Heaton Bankes and sould ........... in Newcastle but wheather their be anye stockes or [?stoves?] theirof yett remayninge this deponente knoweth not, And he further saithe that he .... not knowe nor never harde the saide groundes nowe in controversie called reputed or knowne by the name of Byker More but weare allwaies to [this] deponentes knowledge called reputed and knowne by the name of Heaton More and Heaton Bankes


Lyonell Fenwick of Stanington [in] the Countye of Northumberlande Gentleman of the Age of Sixe and Twenty yeares or theiraboutes Taken sworne and examined the daie and yeare abovesaide deposeth and saithe as followeth

To the Thirde Interrogatorie he saithe he verilie thinketh that Robarte Mitforde and Henry Mitforde in this Interrogatorie named did make a lease for the Tearme of Three or Fower yeares (as this examinate thinketh) of all the Colles and Collmynes aswell opened as not opened lyinge and beinge in the groundes called Heaton More and Heaton Bankes to Randoll Fenwick late brother of this Examinate deceased with sufficiente and conveniente groundleave waieleave and heap.... in and thorowe the same groundes called Heaton More and Heaton Bankes for the layinge leadinge and placinge of the coles theire to be founde wroughte and gotten and free libertie for doinge of anye other thinge incidente to workinge of the coles within the saide groundes, But for anye Lease made by the saide Robarte and Henrie Mitforde to the said Randoll Fenwick or to anye other of the more called Byker More or of anye other groundes by the name of Byker More this Examinate knoweth not But what righte and intreste the saide Robarte and Henrie Mitforde or either of them have or make to the saide groundes called Heaton More and Heaton banckes this deponente knoweth not or by what righte or intreste they made the said Lease he knoweth not but verilie thinketh they made the same by vertue of some estate of inheritannce which they or thone of them have or claime in the same groundes, And this deponente further saithe that to his knowledge he hath not by collour or pretence of the saide Lease unto the said Randoll Fenwick made, entred upon anye parcell of Byker More or upon the Confines or borders theirof which hath cont[inually] bene used occupied and enioyed by the saide complainante and his Ancestors nor their, by himselfe his freindes or servanntes, digged and suncke Cole pittes or mynes for Coles And this deponente verilie thinketh that the saide Robarte and Henrye Mitforde or thone of them weare in possession of the groundes whearin the Coalmynes so demised to the saide Randoll Fenwick as aforesaide lyeth, a yeare before the tyme of the saide demise made And further to this Interrogatorye he cannott depose

To the Nynthe Interrogatorye he saithe he knoweth not nor in his conscience thinketh the saide parcell of more grounde so entred upon as aforesaid by the saide Mitfordes or their assignes or by him this Examinate or anye his companye to be parte of the saide more called Byker or to be called reputed or knowne by the name of Byker More But [this] Examinate verilie thinketh the same to be parcell of and belonginge to the mannor of Heaton and to have beene called reputed and knowen by the name of Heaton More and Heaton Bankes

To the Twelfte Interrogatorie he saithe he verilie [thinketh] that the groundes nowe in controversie whearin the Coales are digged are parcell of Heaton More and Heaton Banckes and he verilie thinketh the same to .......... warde and to the southe warde of the weste of Heaton, And he saithe he dothe not knowe that their are theire anye stockes or [?stoves?] of ..... trees their remayninge yet in veiwe but he hathe harde that their weare suche their, And he further saithe that he never harde ...... knowe the saide groundes nowe in controversie called or knowne by the name of Byker Bankes or Byker edge but weare allwaies to this de[ponentes] knowledge called reputed or knowne by the name of Heaton More and Heaton Banckes And further to this Interrogatorye he cannot depose

William Jenison Olyver Ogle ... Lawsun Tho: Riddell


__ block of latin text dated 17 August 38 Eliz, to be completed __