STAC 5/N7/3

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Court of Star Chamber:

Henry, Earl of Northumberland v William Fenwicke of Wallington, William Woddrington of Plassy, Hector Woodrington & Ephraim Woodrington of Woodrington, Abemelech Woodrington of Woodrington, Cuthbert Ogle of Chapington, Thomas Ogle the younger of Chapington, Roger Fenwick of Wallington, Lamwell Fenwick of Wallington, Robert Tromble of Woodrington, Lewes Ogle of Ersden Forest, Marmaduke Fenwick of Kyrkherle and Martin Smith of Ersden Forest, all Northumberland

Transcript: Dave King


Contents

Bill of complaint:

- of which there are two copies in the bundle, one of which is dated on the reverse: .. Oct Tr 1582


To the Quenes most excellent Ma[jestie]

Most humbly complayninge sheweth and complayneth unto your highnes your Ma[jesties] faythfull subiect Henry Percy Knight Earle of Northumberland that where dyvers and sundry good lawes and statutes have bene made against Ryoutes Routes and unlawfull assemblyes and for the dew punyshement of the same And whereas Willm Fenwycke of Wallington in the countie of Northumberland esquyer And a Justice of Peace sworne to see your Ma[jesties] Lawes dewly executed and thereby in dewty should not only gyve good example to your Ma[jesties] subiectes in quyet and peaceable behavior of himself but also endevour himself all that he may to represse resist and punnishe sutch unlawfull Ryoutes Routes and unlawfull assemblies and the authors and executers of the same So yt is and yt may please your most excellent Ma[jestie] that the sayd Willm Fenwyck Wyllm Woodrington of Plassy in the countie aforesayd gent Hector Woodrington and Ephraim Woodrington of Woodrington in the countie aforesayd gents Abemyleche Woodrington of Woodrington aforesayd gent Cuthbert Ogle of Chapington in the countie aforesayd gent Thomas Ogle the younger of Chapington in the countie aforesayd gent Roger Fenwick of Wallington gent Lamwell Fenwick of Wallington aforesayd gent And Robert Tromble of Woodrington aforesayd yoman the sayd Willm Fenwick tytle regardinge his sayd oathe and dewty of A Justice of peace and he and the rest beforenamed lesse regardinge the sayd Lawes and statutes and the penalties therein [co]nteined w[i]th divers others ryotus and evill disposed p[er]sons to the number of twenty many of them disguised and not to be knowen not havinge the feare of god before their ey[es] on the forth day of July in the xxiijth yere of your Ma[jesties] raigne ryoutously and contemptuously assembled them selves together And beinge armed in war[l]yke m[a]nner in Pryvie Cotes w[i]th Speare and Shild more lyke A company reddy to assayle A Band of Enemyes then peceable and dewtifull subiectes ..... dyd v... ryoutously in the night of the same day entre into your sayd subiectes severall groundes beinge called the East and West demesnes of the Lordship or Mannor of Werkworth and Licklington felds in the sayd countie of Northumberland and kept for the mayntenance of Deare and dyd then and there hunt and kyll two ..le deare not so mutch in respect of the sayd deare as to provoke your Ma[jesties] Quyet and peaceable subiectes there abidinge and servantes unto your sayd subiect in their ...stance to commytt some haynous offence And the sayd Willm Fenwick at another tyme also that is to say the xxjth of December in this p[re]sent xxiiijth yere of your Ma[jesties] raigne lykewise assembled unto him the aforenamed Hector Woodrington and dyvers other Lewd and evill disposed p[er]sons that is to say Le.... Ogle of Ersden forrest in the countie aforesayd gent Marmaduke Fenwick of Kyrkherle in the countie aforesayd gent Roger Fenwyck and Lamwell Fenwyck of Wallington aforesayd gent and Martin Smith of Ersden forrest aforesayd in the countie aforesayd yoman and dyvers other to the number of twe[n]ty and then also beinge so armed in warlyke maner very routously entred in the day tyme into other parts of the sayd Mannor of Werkworth called Guysend fields and Warkworth moore imployed also by your sayd subiect for the preservation of Dere And there dyd also in most riotus manner hunt and then kylle A [?Sorell?] And A fawne usinge these their doinges for occasyon to rayse some greater Sturre and disorder yf your subiectes servantes and peaceable subiectes of your Ma[jestie] should goe about to resist them may yt therefore please your Ma[jestie] for the avoidinge of sutch inconveniences as hereafter might growe by the p[er]mission of sutch ryotous and unlawfull assemblyes to passe unpunyshed for sutch their misdemeanors soe executed and done and that w[i]th the chief manntenance and countenance of A Justice of Peace contrary to your Ma[jesties] Lawes and Statutes and in manifest contempt of your Ma[jestie] to the perilus example of other in those p[ar]tes May yt ther[ef]ore please your Ma[jestie] the p[re]misses considered to grannt your Ma[jesties] writt of Subpena to be directed to the sayd Willm Fenwick Willm Woodrington Hector Woodrington Ephraim Woodrington Abennlech Woodrington Cuthbert Ogle Thomas Ogle Roger Fenwick Lamwell Fenwick Robert Tromble Lewis Ogle Marmaduke Fenwick and Martin Smith thereby commandinge them and everey of them p[er]sonally to appear before your Ma[jesties] most honorable counsell in the Starre chamber At A certen day and under A certein payne by your Ma[jestie] to be lymited then and there to answer to the p[re]misses and to abide sutch furder order and condigne punishement as by your Ma[jesties] counsell shalbe thought mete and convenient and your sayd subiect shall dayly pray for the continuance of your Ma[jesties] prosper... raigne longe to endure

Bowyer Lect....


Interrogatories:

Interrogatories to be mynisterd to Willm Fenwyke Ephraim Woodrington Cutbert Ogle and Lamuell Fenwicke defts to the bill of complt of Henry Percye Knight Earle of North[um]berland

1. Whither were you the iiijth of July last or about that tyme present at the huntinge w[i]thin any growndes belongyng to the saide complt and whither was the same huntinge in the daye tyme or in the nyght and howe many p[er]sons were then in your companye and what were their names./

2. Upon what occasion dyd you and so many then the same iiijth of July or there abouts assemble them selves yf to hunt and to kyll deare whose deare and in whose groundes ment you to hunt and kyll And where mett you and they before their sayde huntinge and what messages were sent by any p[er]son and to whome and by whome for the assemblye of such a companie or what moved you or any other of the saide companie to be there And whither were you or the rest of the companie on horsebacke or on foote/

3. What weapons had you or any other in your companie at the same your assembly and huntinge the said iiijth of July or there aboutes and whither doe you or they accustomably ryde w[i]th suche weapons And whither were you or any of your companie then armed w[i]th speares Jacke or pryvie coates./

4. What speches was there used by you or any of your companie to any of the s[er]vantes or officers of the saide Earle of North[um]berland at the same huntinge the said iiijth of July or about the same tyme and w[hi]ch of the said Earles servantes or officers came unto you at the said tyme, and what saide they or any of them to you or to any of your companie./

5. In what Growndes and whose groundes dyd you and the rest of your companie or any of them hunt the same tyme And whither was yt in the daye tyme or in the night of the said iiijth of July or about the same tyme And whither doe you knowe that the said growndes are used to or for the preservacon of deare/.

6. Whither were you the xxjth of december last or about that tyme present at the huntynge w[i]thin any ground belonginge to the said complt And whither was the same huntynge in the daye tyme or in the night and howe many p[er]sons were then in your companie and what were there names./.

7. Upon what occasion dyd you and so manye then the same xxjth of december or there aboutes assemble them selves yf to hunt and kyll deare whose deare and in whose growndes ment you to hunt and kille And where mett you and they before their saide huntyng and what messages were sent by any p[er]son and to whome and by whome for the assembly of such a companye or what moved you or any other of the saide companie to be there And whither were you or the rest of the companie on horsebacke or on foote/

8. What weapons had you or any other in your companie att the same assemblie and huntyng the said xxjth of december or there aboutes And whither doe you or they accustonably ryde w[i]th such weapons And whither were you or any of your companie then armed w[i]th speares Jacke or pryvie coates./

9. What speches was there used by you or any of your companie to any the servantes or officers of the saide Earle of Northumberland at the same huntinge the said xxjth of december or about the same tyme and w[hi]ch of the said Earles servantes or officers came unto you at the said tyme and what saide they or any of them to you or to any of your companie./.

10. In what growndes and whose growndes dyd you and the rest of your companie or any of them hunt the same tyme and whither was yt the daye tyme or in the night of the said xxjth of december or about the same tyme and whither doe you knowe that the said growndes are used to or for ye preservacon of deare/

11. Whither is there any dyspleasure or unkyndnes betwene you ar any of your companie towardes the said Earle or any of his servantes or officers or what ells should move you or any of your companie so to hunt in the sayd Earles growndes./


Answers of Abemelech Woddrington & Thomas Ogle:

The Joynte and sev[er]all Annsweres of Abemelech Woddrington and Thomas Ogle gentlemen, defendts, to the bill of Complt of Henrye Percye Knight Earle of Northumbreland Complt, sworne upon the same the vijth daie of June Anno R Rne Elizabeth &c xxvto before Robte Delavale & James Ogle Esquires, by vertue of hir Ma[jesties] Comission to them and others directed bearing date the xjth daie of May in the xxvth yere of hir Ma[jesties] most royall Reigne/

Abemelech Woddrington

The advantage of Exception to thincertentie, and Insufficiencie of the said Bill of Complt, and of the matters therein comprised to theese defendts at all tymes hereafter saved, The said defendts then for annswere to as much of the same as dothe sev[er]allie touche or Comcerne themselves and whiche bene examynable in this most hon[or]able Courte sev[er]allye saith And First the said Abemelech Woddrington for hymself saith That he being one of the s[erva]ntes of Sr Franncys Russell Knight and dailie attendinge of hym, did accordinge to his duetie attend his said Master aboute the tyme in the said bill of Complt menconed at A certeyne huntinge or Coursinge of deare in the groundes of one Marmaduke Fenwicke called Togsden feilds in which his s[er]vice he did not otherwise behave hymselfe then as yt became hyme to doe, being Imployed in the s[er]vice of his said Mr, and at his said masters Comanndement, w[i]thout that, That this defendt Lesse regardinge the Lawes and statutes, and the penalties therein conteyned w[i]th dyverse other ryotouse & evill disposed p[er]sones to the nomber of xxth, Many of them being disguised, and not to be knowne, not having the feare of god before there eyes armed in warlyke maner in p[ri]vye Coottes w[i]th speare and sheild, more lyke A Company redie to assaile A band of Enemyes then peacable and dutifull subiectes did verie riotuouslie in the night of the same iiijth daie of Julie enter into the said Earle his groundes (to the knowledge of this defendt) called the east & west demaynes of the Lordshipp or manor of Warkworth & Licklington feilds in the countie of Northumbreland, or to the knowledge of this defendt, did hunt in the said Earle his groundes or else where to provocke the s[erva]ntes of the said Earle to comytt some heynouse offence


Thomas Ogle

And the said Thomas Ogle ane other of the said defendts for hymselfe saith, That as unto any the said surmysed Ryott, Rowte, Unlawfull assemblye huntinge & killinge of deare or to any other the mysdemennors in the said Bill of Complt menconed, obiected against this defendt, and suppossed to be comitted or done by hyme, against hir Ma[jesties] peace, Lawes & statutes, that he ys not thereof guyltie in such sorte maner & forme as in the said Bill of Complt ys against hyme alledged, All whiche Matters the said defendantes bene redie to averre & prove as this most hon[or]able Court shall award, and praieth to be dismissed out of the same, w[i]th there resonable Costs Charges and Expences &c/./


Examination of Abemelech Woddrington & Thomas Ogle:

Thexa[min]acon of Abemelech Woddrington and Thomas Ogle gentlem[en] two of the said defendts to certeyne Interr[ogatories] mynistred upon the partie & bihalfe of Henrye p[er]cie Knight Earle of Northumbreland complt, sworne & sev[er]allie examyned before Robte Delavale & James Ogle Esquires comission[er]s as abovesaid the daye & yere abovewritten.

The said Abemelech Woddrington, To the first Interrog[atorie] saith, That about the tyme menconed in the said Interrog[atorie] he was p[re]sent at A huntinge in Togsdon feilds and there being attendant of his M[aste]r, Sr Franncys Russell Knight, did hunt in the daie tyme, being in the Company of the said Sr Franncys Russell Knight, his M[aste]r, Willm Fenwicke of Wallington Esquire, Franncys Connstable Willm Woddrington Robte Woddrington Ephrayme Woddrington Roger Fenwicke Lamwell Fenwicke gentlem[en] John Lowder, Robte Tromble Quyntayne Lyon & others whose names this defendt cannot remember. To the seconnd interrog[atorie] saith, That he was attendinge upon his said M[aste]r who came w[i]th the said Willm Fenwicke frome Alnewicke aboute the tyme menconed in the first interrog[atorie], and hunted in Togsdon feilds: But for any messages sent by any p[er]sons this defendt knoweth not, And that the company then p[re]sent where all on horsebacke, except some that Ledd the dogges. To the third interrogatorie saith, That he had sword dager and A Calever as he usuallie rideth, and others in his companye had swordes & dagers as they accustomablie rydd, And that none was armed w[i]th speare Jacke or prevye Coott (to his knowledge). To the iiijth interrog[atorie] saith, That he had no speches to any of the said complt s[erva]ntes or officers, But about that tyme one fynche sone to one of the kepers of the said complt (to this deft knowledge) came to one of the s[erva]ntes of the said Willm Fenwicke Esquire, But what speaches they had this defendt knoweth not. To the vth interrog[atorie] saith, That the said hunting was in the daie tyme, and w[i]thin the grounds of Togsdon, Moricke & Warkworth, belonginge to Raiph Graye Esq Marmaduke Fenwicke, John Carnabie gentlem[en], the tenantes & freholders of Warkworth, and others, And that he beleveth That the said groundes are not used for the p[re]servacon of any deare To the vjth interrogatorie saith, That he was not p[re]sent at any huntinge about the tyme menconed in the said Interrogatorie w[i]thin the groundes of the said Complt to his knowledge: But he was p[re]sent aboute the said tyme at A huntinge in A place called the Walk Mylne bank, w[hi]ch was in the daie tyme, and that there was in his companye the said Willm Fenwicke Esquire, Lewes Ogle, Roger Fenwicke, Lamwell Fenwicke, Hector Woddrington gen, and dyverse others whose names this defendt cannot remember aboute the nombre of ix or xth p[er]sones. To the vijth interrog[atorie] saith, That he was in Rydinge to Alnewicke to the said Sr Franncys Russell Knight his M[aste]r, and had comed thither w[i]th the said Willm Fenwicke Esq frome Woddrington, And as he beleveth the said Willm Fenwicke ment to hunt deare if he cold fynd any w[hi]chhe might Lawfullie hunt. And that some was on horsebacke some on foote: And for any messages sent to any p[er]sone, he cannot depose. To the viijth Interrog[atorie] saith, That he and others in his Companye had sword & Dager as they accustomablie ryde, And that nether this defendt nor none of his Companye (to his knowledge) was armed w[i]th speare Jacke or p[ri]vie Coott, To the ixth interrog[atorie] saith That at the said hunting in the Walkmylne banks there came unto the Companye one fynche by surname, and said, What meane you to kyll my Lordes game, And yt was annswerd to hyme, That they had not killed any of his Lords game: But for that w[hi]ch they had killed, he shold see yt. And so shewed hym the heddes of A sorrell & A fawne, And for any other speaches he hard none To the xth interrog[atorie] saith, That the said huntinge was in certeyne groundes called the Walkmylne banks as abovesaid & in the daie tyme, w[hi]ch gro[undes] belongeth to the Queens Ma[jestie], and nowe in thoccupacon of one Roger Woddrington gen, And that the said groundes ar not used for the p[re]s[er]vacon of any deare (to this defendts knowledge) To the xjth interrog[atorie] saith, That there ys no displeasure nor unkyndnes betwene hyme or any of his Companye (to his knowledge) towardes the said Earle or any of his s[erva]ntes or officers.

Thomas Ogle of Hepscott gen another of the said defendts To the first interrogatorie saith That about the tyme menconed in this interrog[atorie] he was not p[re]sent at any huntinge w[i]thin the groundes of the said Complt to his remembrance/. To the second Interrog[atorie] saith, That he had no occasion to assemble w[i]thin any of the said Complts groundes nor was not there to his remembrance. To the third iiijth and vth interr[ogatories] saith That he canot deposse/ To the vjth interrog[atorie] saith, That aboute the tyme menconed in the said interr[ogatorie], he was not p[re]sent at any huntinge w[i]thin any groundes belonging to the said Complt, To the vijth viijth, ixth & xth interrog[atories] he canot depose/ To the xjth interrogatorye saith That there ys no displeasure or unkyndnes betwene this defendt, and the said Complt, ore any of his s[er]vantes or officers, And that he haith no occasion to hunt w[i]thin the groundes of the said Earle, nor hunteth not there./

The defendantes Atturney ys called Mr Grymston, one of Grayes Ine/./

Ro: delavale Cuthbart Carnabe: Robert Ranes James Ogle

T.24.


Answers of William Fenwicke, Ephraim Woddrington, Cuthbert Ogle & Lamuell Fenwicke:

The iointe and severall answeres of Willm Fenwicke Esquier Ephraim Wolrington Cutbert Ogle & Lamuell Fenwicke defendts to the bill of compleint of Henry Percy Knight Earle of Northumberland complaynant

The advanntage of excepcon to the incertentie and insufficiencie of the said bill of compleint and of the matters therein comprised to thes defendantes at all tymes hereafter saved The said defendantes then for answere to as moche of the same as doth severally towche or concerne themselves and w[hi]ch bene examinable in this most honorable court severally saien And first the said Willm Fenwicke and Ephraim Wolrington two of the said defendantes for them selves severally saien That they abowt the tyme in the said Bill of compleint mencioned takinge occasion to ride towardes the howse of one Marmaduke Fenwicke gent to hunt the groundes of the said Marmaduke Fenwicke called Togsdon in w[hi]ch p[ar]cell of ground ther do often tymes lye deare, and w[hi]ch groundes do adioine to the groundes of the said Earl/ and as thes defendantes rode towardes the said place for the purpose aforsaid earely in the mornynge they espied certen deare abroad in certen open groundes as they then rode/ w[hi]ch deare this defendant Willm Fenwicke supposed to be some of the deare belonginge unto Sr Henry Witherington Knight uncle to the said Willm Fenwicke and he was the rather induced so to thinke bycause he hath sene & knowne the deare of the said Sr Henry Witherington make escapes owt of the groundes of the said Sr Henry Witherington to the groundes wher thes defendantes sawe the same deare [?fedinge?] and in that his said deare do accustomably use to lye abroad aswell ther as els wher This defendant Willm Fenwicke p[re]sumynge the same to be the deare of the said Sr Henry Witherington of whose game of deare this defendant may take his pleasure by speciall comanndement and licence of the said Sr Henry Witherington and supposinge the same to be in such groundes as lawfully they might course and hunt in for that the same were no p[ar]ke groundes and that they were not when they beganne to hunt in any groundes belonginge to the said Earle to ther knowledge, nor wherof the said Earle had then any governement or interest in, to the understandinge of thes defendantes Thes defendts therfore did course the said deare and killed two male deare as they now remember, but whether the [?fall?] of the same deare was in any the groundes of the said Earle or no, thes defendantes do not certenly knowe/ at the tyme of w[hi]ch huntinge or coursinge made by thes defendantes some of the kepers belonginge to the said Earle came unto thes defendantes and went w[i]th them and sawe the maner of the huntinge w[hi]ch thes defendantes used/ at w[hi]ch tyme thes defendantes gave nether evill speaches or otherwise dealt w[i]th the said kepers then they might lawfully do ( as they thinketh) and the said Lamuell Fenwicke one other of the said defendantes for him selfe saieth that he beinge one of the servantes of the said Willm Fenwicke & dayly attendinge of him did accordinge to his duty attend his said maister in the said iorney travell and huntinge in w[hi]ch his service he did not otherwise ...ave him selfe then as it became him to do beinge imploied in the service of his said maister and at his said maisters comanndement w[i]th owt that that this defendant Willm Fenwicke litle regardinge his othe and dutie of a iustice of pace Or that he and thes defendantes Ephraim Wolrington and Lamuell Fenwicke lesse regardinge the lawes and sta[tutes] and the penalties therin conteyned w[i]th divers other riotuous and evill disposed p[er]sons to the number of xx many of them beinge disguised & not to be knowne not havinge the feare of god before ther eies armed in warlike maner in privy coates w[i]th speare and shield more like a company ready to assaile a band of enemies then peaceable and dutefull subiectes did very riotuously in the night of the said iiijth day of July enter into the said Earle his groundes (to the knowledge of these defendantes) called the east & West demeasnes of the Lordshippe or Manor of Werckworth and Licklengton feildes in the county of Northumberland Or to the knowledge of thes defendantes did hunt in the said Earles groundes or els wher to provoke the ser[va]ntes of the said Earle to comitt some heynous offence And w[i]thowt that that this defendant Willm Fenwicke the xxjth day of december in the said bill mencioned havinge assembled unto him selfe any lewd or evill disposed p[er]sons to the nomber of xx beinge in warlike maner armed did riotuously enter into the said p[ar]ts of the said Manor called Gisen feildes and Warkworthe moore and ther did in .... riotuous maner hunt or ther killed a Sorell and a fawne Or used any such doinges for occasion to raise some great sturre and disorder as in the said [bill is alledged And the said Cutbert Ogle one other of the said defendantes for him selfe saieth That as unto any the said surmised riott rowt unlawfull assembly huntinge and killynge of deare or to any other the misdemeanors in the said bill of compleint mencioned obiected against this defendant and supposed to be comitted or done by him against her Ma[jesties] peace lawes and statutes that he is not therof guiltie in such sort maner and forme as in the said bill of compleint ....... against him alledged All w[hi]ch matters the said defendantes bene ready to averre and prove as this most honorable court [sha]ll award and praien to be dismissed ... of the same w[i]th ther reasonable costs charges and expences in the lawe in this behalfe by them most wrongefully susteyned &c

[?yelvarton Rader?]


Answers of William Woddrington, Hector Woddrington, Lewes Ogle, Marmaduke Fenwicke, Roger Fenwicke, Robert Tromble & Martin Smith:

The Joynt and severall annsweres of Willm Woddrington, Hector Woddrington, Lewes Ogle, Marmaduke Fenwicke, Roger fenwicke, gentlemen, Robte Tromble, and Martyne Smyth, defendantes, to the Bill of Complt of Henrie Percye Knight, Earle of Northumbreland Complt, being sworne upon there said sev[er]all annsweres at Morpeth the xxviijth daie of Maij Anno RRne Elizabth: &c xxvto, before Robert Delavale, Cuthbte Carnabye, Robte Raymes, and James Ogle Esquires by vertue of hir Ma[jesties] Comission to them directed, bearing daite the xjth daie of Maij in the xxvth yere of hir grac[iou]s most Royall Reigne././

The advantage of Exception to the Incertentie and Insufficientie of the said Bill of Complt and of the matters therein comprised to thees defts at all tymes hereafter saved. The said defendts then for annswere to asmuch of the same as doth sev[er]allie touche or concerne themselves, and whiche beene examynable in this most hon[or]able Court sev[er]allie saieth/

[Willm] Woddrington And first the said Willm Woddrington One of the said defendts for hymself saieth, That he about the tyme in the said bill of Complt menconed taking occation to ryde w[i]th Willm Fenwicke of Wallington Esquire & others towardes the howse of one Marmaduke Fenwicke gentleman to hunt the groundes of the said Marmaduke Fenwicke called Togesdon in w[hi]ch p[ar]cell of groundes there doth often tymes lye deare, and whiche groundes do adioyne to the groundes of the said Earle, And as the said defendt rode towardes the said place earelye in the mornynge he espied Certeyne deare abrode in Certeyne open groundes as he then rodd, whiche deare this defendt supposed to be some of the deare belonginge unto Sr Henrye Woddrington Knight, Brother to this deft, and he was the rather induced so to thinke bycause he haithe often seene & knowne the deare of the said Sir Henrye Woddrington make escapes out of the groundes of the said Sr Henrie Woddrington into the groundes & feilds of Togsdon, and in that his said deare do accustomablie use to lye abrode aswell there as else where, This defendt p[re]sumynge the same to be the deare of the said Sr Henrye Woddrington of whose game of deare this defendt may take his pleasure by especiall licenze of the said Sr Henrye Woddrington And supposinge the same to be in such groundes as lawfullie he might Course & hunte in, For that the same were no parke groundes: And that they were not when the begane to hunt, in any groundes belonginge to the said Earle to his knowledge, nor whereof the said Earle then had any governem[en]t or Interest in to thunderstanding of this defendt. This deft therefore did helpe to Course the said deare & killed twoo maile deare as he nowe remembreth: But the fall of one of the said deare was w[i]thin the feildes of Togsdon aforesaid. And the fall of thother deare was w[i]thin the Cornefeildes of Warkworthe then & nowe in thoccupacon of the Tenantes & freholders of the said Warkworth ( to his knowledge) nere adioyninge to the groundes of Togsdon aforesaid, At the Tyme of w[hi]ch huntinge or Coursinge maid by this deft some of the kepers belonging to the said Earle came to some of there Companye, and went w[i]th them, and sawe the maner of the huntinge w[hi]ch was used, At whiche tyme this deft gave neither evill speaches, or other wyse dealt w[i]th the said kepers then he might Lawfullie doe, nor hard any of his companye geve any evill speaches unto them.

Roger Fenwick And the said Roger Fenwick another of the said defendts for himselfe saieth, That he being one of the s[er]vantes of the said Willm Fenwicke Esquire, and dailie attendinge of hyme did accordinge to his duetie attend his said Mr in the said Jorney travell & huntinge in Togsdon feildes in w[hi]ch his s[e]rvice he did not otherwyse behave hymselfe then as yt became hyme to do, being imployed in the service of his said Master, and at his said Masters Comanndem[en]t

Robte Tromble And the said Robert Tromble another of the said defendts for hymselfe saieth, That he being one of the s[erva]ntes of the said Sir Henrye Woddrington Knight, by the Comanndem[en]t of the said Willm Fenwicke Esquire nephew to the said Sr Henrie Woddrington, and of Willm Woddrington brother to the said Sr Henrye Woddrington this defendts Master, who being at Woddrington where this defendt dwelleth,did accordinge to his duetie attend upon them in the said Journey Travell & huntinge in Togsdon feildes, In w[hi]ch his s[er]vice he did not otherwyse behave hymselfe, then as yt became hyme to doe, being Imployed in there services & at there Comanndements. Without that that thees defendts Willm Woddrington, Roger Fenwicke & Robert Tromble lesse regardinge the Lawes and statutes & the penaltyes therein conteyned w[i]th dyverse other riotuouse & evill disposed parsons to the nombre of Twentie many of them being disguysed & not to be knowne, not haveing the feare of God before there eyes armed in warlyke maner in prevye Cootts withe speare & sheild more Lyke A Company redie to assayle a band of Enemyes then peacable & dutifull subiectes did verie riotuouslie in the night of the same fowrth daie of Julye enter into the said Earle his groundes (to the knowledge of thees defendts) called the East & West demeasnes of the Lordshipp or manor of Warkworthe & Licklington feilds in the Countie of Northumbreland or to there knowledge did hunt in the said Earle His groundes, or else where,to provocke the servantes of the said Earle to Comytt some heynouse offence.

Hector Woddrington And the said Hector Woddrington another of the said defendts for himselfe saieth, That as to the said surmysed ryott Rowt, unlawfull assemblye huntinge & killinge of deare or to any other the mysdemeanors obiected against hyme and supposed to be comytted or done by hyme about the iiijth daye of Julye, or in the night of the same daie, in the said bill of complt menconed, against hir Ma[jesties] Lawes & statutes that he ys thereof not guyltie in such sorte maner & forme as in the said byll of Complt ys against hym alledged.

Lewes Ogle And the said Lewes Ogle another of the said defendts for hyme selfe saieth, That about the xxjth daie of decembre menconed in the said bill of Complt he haveing occation to ryde to Acklington to borowe money, he espied A nombre off the said Complts Tenantes assembled together and m[ar]vellinge what should be the Cause thereof, he drewe nere unto them, and at his Comynge he mett w[i]th the said Willm Fenwicke Esquire and dyverse of his s[erva]ntes, who at the same tyme killed A pricke and A fawne w[i]thin a p[ar]cell of ground called the Walke Mylne bankes, At whiche tyme of huntinge twoo of the said Complts s[erva]ntes came unto the said Willm Fenwicke, and talked w[i]th hyme, to whome this defendt hard hyme geve no evill speaches, or otherwyse deale w[i]th them then he might Lawfullye doe, And without that that thees defendts Hector Woddrington Lewes Ogle & Roger Fenwicke the said xxjth daye of decembre in the said bill menconed assembled w[i]th dyverse other lewde & evill disposed p[er]sones to the nombre of xxth being in warlyke maner armed and riotuouslie enter into the said p[ar]ts of the said Manor called Guysen feildes & Warkworth moore, and there did in any ryotuouse maner hunt or there kyll A sorell & A fawne, or used any suche doings for occasion to rayse some greater sturr and disorder as in the said Bill ys alledged.

Marmaduck Fenwick Martyne Smythe And the said Marmaduck Fenwick & Martyne Smyth twoo of the said defendts for themselves sev[er]allie saieth That as unto any the said surmysed Ryout, Rowt unlawfull assemblye hunting & killinge of deare or to any other the mysdemeanors in the said bill of Complt menconed obiected to against theese defendts and supposed to be Comytted or done by them against hir Ma[jesties] peace Lawes & Statutes that they ar not thereof guyltie in suche sorte maner & forme as in the said bill of Complt ys against them alledged/ All whiche matters the foresaid defendts bene redye to averr and prove as this most hon[or]able Court shall award, and prayeth to be dismyssed out of the same withe there reasonable Costes, Charges and Expences &c/././


Examination of William Woddrington, Hector Woddrington, Lewes Ogle, Roger Fenwicke, Marmaduke Fenwicke, Robert Tromble & Martin Smythe:

Thexa[min]acon of Willm Woddrington Hector Woddrington, Lewes Ogle, Roger Fenwicke, Marmaducke Fenwicke, Robte Tromble and Martyne Smythe defendts to certeyne Interrogatories, mynistred upon the p[ar]tie & byhalfe of Henrye Percie Knight Earle of Northumbreland Complt, sworne and sev[er]allie examyned before Robte Delavale, Cuthbert Carnabie, Robert Rames and James Ogle Esquires Comissioners as abovesaid

Willm Woddrington of Plesses in the Countie of Northumbreland Gentlem[an] one of the said defendts. To the First Interrogatorie sayeth, That about the tyme in the said Bill menconed he was at A certeyne huntinge w[i]thin the feilds belonginge to the Towneshipp of Warkworthe in the Countie of Northumbreland And there hunted in the daye tyme being accompanied w[i]th Sr Franncis Russell Knight, Willm Fenwicke of Wallington Esquire, Robt Woddrington of Plesses Abemelech Woddrington, Efframe Woddrington gen and others to the nombre of xvjth or there aboute. To the Seconnd Interrogatorie saieth, That he and they were assembled to hunt outlyeing deare in Togsdon feildes, supposing them to be some of the deare of Sr Henrie Woddrington this defendt brother, And that they mett at A Certeyne place called Moricke ford And that the said Willm Fenwicke Esquire rode to Alnewicke to the said Sr Franncys Russell and did let hym understand of the said outlyeing deare & came, w[i]th the said Sr Franncys Russell to hunt the same of the w[hi]ch companye p[re]sent at the said huntinge, the most p[ar]te was on horsbacke. To the Third Interrogatorie saieth That he had at that tyme his sword & dager, as he usuallie rideth and one of that companye had A calever, and another or ....... the said Companye had lancestaves But as for speares, Jackes or previe Cootts there was none to his knowledge. To the Fowrth Interrogatorye saieth, That there came ........... said Earle s[erva]ntes or Officers to this defendt, But he sawe farr of frome hym, one fynche of Warkworth (whose prop[er] name he knoweth not) come and speake some of there Companye, ............. speaches they had this defendt knoweth not Forr that he was so farr distant frome them. To the fift Interrogatorie saith, That he & the rest hunted in the groundes of Togsdon belonging to Marmaducke Fenwicke & others in the groundes of Moricke belonginge to one Raiphe Graye Esquire & others, in the groundes of Acklington & Warkworth belonging to the said Earle & others (to this defendt knowledge) w[hi]ch huntinge was in the day tyme, But whether the said grounds ar used for p[re]servacon of deare, he knoweth not For that they ar comons, moores, pastures & cornefeildes belonging to the foresaid Townes of Togsdon, Moricke Aclington & Warkworthe. To the sixt, seventh, eight, nynth & tenth Interrogatories, This defendt canot deposse: For that he was not there as in the said Interrogatoryes ys mentioned. To the xjth interrogatorie saieth That he nor none of his Companye (to his knowledge) haithe any displeasure towardes the said Earle of Northumbreland or any of his s[erva]ntes or officers, And that nothing moved hym to hunt within the groundes of the said Earle, but onelie in following of his game w[hi]ch was found & hunted out of other mens groundes.

Hector Woddrington off Woddrington in the Countie of Northumbreland gentlem[an] another of the said defendts: To the First interrogatorye saieth, That about the tyme menconed in the said Interr[ogatorie] he was not at any huntinge w[i]th in the groundes of the said Complt. To the seconnd interrogatorye saieth, That he had no occasion of huntinge about the said iiijth of Julye nor was not huhnting in anye of the groundes belonginge the said Complt. To the third interrogatorie saieth, That he had no weapons w[i]thin the groundes of the said Complt at any huntinge about the said tyme named in the said interrogatorie for that he was not there. To the iiijth interrogatorie saieth That he used no speches to anye of the said Complts s[erva]ntes or officer for that he was not there. To the vth Interrogatorie sayeth That he hunted nether w[i]thin anye of the groundes of the said Complt nor of any other about the tyme named in this interrogatorie. To the vjth interrogatorie sayeth That about the said xxjth daye of decembre he was not huntinge within any of the groundes belonging to the Complt, But as he supposeth he was riding about that tyme towardes Barwicke in the Company of Willm Fenwicke of Wallington Esquire & others his s[erva]ntes who rode to Alnewicke that daye. To the vijth interrogatorie saieth, That he had occasion to ryde to Barwicke to Sr Henrie Woddrington Knight this defendt brother to kepe Christemas, and so came frome Woddrington w[i]th the said Willm Fenwicke, and rode on his waye w[i]th hyme to Alnewicke where they laye that night. To the viijth interrogatorie saieth, That he rodd w[i]th his sword & dager, as usuallie he doth, And likewise all other w[hi]ch was then in his Companye (to his knowledge) But as for any speares Jackes or p[ri]vie Cootts, he knewe non w[i]thin his Companye at that tyme. To the ixth interrogatorie saieth, That he mett twoo of the s[erva]ntes of the said Complt surnamed fynch w[hi]ch dwelleth at Warkworth, whose prop[er] names he knoweth not, but as for hymselfe, he had no speches to them nor none of his Companye that he hard. To the xth interrogatorie saieth, That he & his Companye about the same tyme did hunt w[i]thin certeyne groundes called the Walkmylne Bankes belonging to the Queens Ma[jestie] nere adioyninge to certeyne of the groundes of the said Complt, and on the daie tyme they hunted But the said groundes where they hunted ar not used for the p[re]serving of any deare (as he supposeth). To the xjth interrogatorie saieth That there ys no displeasure betwene this defendt or any of his Company towardes the said Earle or any of his S[erva]ntes or officers to his knowledge.

Lewes Ogle of Erdesden Forest in the Countie off Northumbreland gentlem[an] another of the said defendts. To the first interrogatorye saieth That he was not p[re]sent about the said iiijth of Julie at hunting w[i]thin any groundes belonging the said Complt. To the seconnd interrogatorie saieth. That he had no occation of being there nor nor was not there. To the iijth Interrogatorie saieth, That he had no weapons there, nor came there. To the iiijth saieth That he had no speches to any of the said Complt s[er]vantes for that he was not there. To the vth interrogatorye saieth That he nether hunted in the grounds of the said Complt or of any other aboute that tyme to his remembrance. To the vjth interrogatorie saith That about the xxjth of decembre in the said interrogatorie menconed he was hunting w[i]thin A p[ar]cell of ground called the Walkmylne banks belonginge to the Queens Ma[jestie], w[hi]ch huntinge was in the daie tyme. And that Willm Fenwicke of Wallington Esquire & his s[erva]nntes whose names this deft canot well remember, Hector Woddrington, Lamwell Fenwicke, Roger Fenwicke, Willm Fenwicke of Bitchfeild & others about the nomber of x or xijth p[er]sons was then p[re]sent. To the vijth interrogatorie saith. That havinge occasion to goe to Aclington upon affaires of his owne & especiallie to borowe money, And seing a nombre of the said Complt tenantz assemble themselves together, drewe nye to see the cause of there assemblie, And so mett there w[i]th the foresaid Willm Fenwicke & others named in the vjth interr[ogatorie], who killed A pricke & A fawne w[i]thin the said Walkmylne bankes at the said tyme, and so they dep[ar]ted towardes Alnewicke, And further thereto he canot depose. To the viijth interrogatorye saith, That they had short swordes & dagers, as they ususallie ryde. But he this defendt had onelie A whyte staffe & A dager: And asfor any speres Jackes or p[ri]vie Cottes, he sawe none in there Companye, nor knewe of none. To the ixth interr[ogatorie] saith That twoo of the said Complt s[erva]nntes called by surname Fynche, came unto the said Willm Fenwicke But as for any talke they had he know[eth] not, Saveing that the said Willm Fenwicke shewed them the heedes of the pricke and fawne w[hi]ch he had kylled in the Walkmylne bankes aforesaid belonging to the Queens Ma[jestie]. To the xth interrogatorie saith, That the said hunting was in the daye tyme and w[i]thin the said Walkmylne Bankes, not used to or for the preservation of any deare to his knowledge. To the xjth interrogatorie saieth, That there ys no displeasure betwene hyme or any of that Companye (to his knowledge) towardes the said Complt, or anye of his s[erva]nntes or officers.

Roger Fenwicke of Wallington S[erva]nnt to the said Willm Fenwicke of Wallington Esquire Another of the said defendts To the first Interrogatorie saith That he was p[re]sent at An huntinge aboute that .......... Willm Fenwicke Esquire in the feildes of Togsden, w[hi]ch huntinge was in the daye tyme, And that Sr Franncys Russell Knight, Willm Fenwicke this defndts Master, Willm Woddrington and dyverse others of the said Sr Franncis Russell his s[erva]nntes, (whose names this defendt knoweth not) Robert Tromble, & Lamwell Fenwicke this defendt fellowe in howse & others to the nomber of xij or xvjth p[er]sones or there aboute was p[re]sent at the said huntinge. To the seconnd Interrogatorie saieth, That he knoweth not upon what occasion they were there, for he was attending on his said Mr as of dutie he ought, and being in togsden feildes, they hunted & killed twoo mayle deare, one of them in togsden feildes and thother he knoweth not where yt was killed, for he sawe not the killinge or fall of the same, And that some was on horse backe, some on foot To the iijth interrogatorie saith That the horsmen had sworde & dager as they usuallie ryde, And the Fotemen some had pickstaves, some hunting staves: And for any speares Jackes or p[ri]vie Cootts he knewe none to have them w[i]thin that Companye. To the iiijth interrogatorye saith That he had no speaches to any of the s[erva]nntes of the said Complt, nor hard any speke unto them, But as he hard reported by some of the Companye that one fynche by surname, the complt s[erva]nnt came unto the company But what his saing was this defendt knoweth not. To the vth interrogatorie saith That the said huntinge was in the daie tyme, & w[i]thin the groundes of togsden aforesaid And whether the said groundes ar used for the preserving of deare he knoweth not But the said groundes ar oppen feildes, and he supposeth that they ar not used for that purpose. To the vjth interrogatorie saith That he was at an huntinge aboute the said xxjth of decembre in A place called the walkmylne bankes, w[hi]ch hunting was in the daie tyme, attendinge on his Mr Willm Fenwicke aforesaid who was there, and Lewes Ogle, Hector Woddrington, Lamwell Fenwicke & dyverse others to the nomber of xth p[er]sones being then there huntinge. To the vijth interrogatorie saith That the said Willm Fenwicke this defendt Mr was in ridinge towardes Alnewicke to [?xpems - Christmas?], and that his said Mr intended to hunt yf he cold lawfullie fynd any deare (as this defendt supposeth) for that they had dogs in there Companye, And that this defendt came then frome Woddrington w[i]th his said Mr where he had hunted & so was in riding towardes alnewicke as aforesaid, And that they were all on horsebacke, except one w[hi]ch ledd the dogs who was on foote. To the viijth interrogatorie saith That he had no weapons but short sword & dager, as he usuallie rideth, But for any speres Jackes or p[ri]vie Cootes there was none in there companye to his knowledge. To the ixth interrogatorie saith That there came twoo of the said Complt s[erva]nntes unto Willm Fenwicke this defendt Mr w[hi]ch s[erva]nntes ys called by surname, Fynche, who said to this defendt Mr, That yt was not well done, to kyll there Lordes deare, who annswered that he wold not kyll anye of there Lordes deare, And for the deare w[hi]ch he had killed, they shold see them, supposinge that he might Lawfullie do that w[hi]ch he had done. To the xth interrogatorie saith, That he & the said Companye hunted at the Walkmylne bankes belonging to the Queens Ma[jestie], w[hio]ch hunting was in the daie tyme, and that the said groundes ar not used for the pres[er]vacon of any deare (to his knowledge). To the xjth interrogatorie saith That there ys no disples[ure] or unkindnes betwene this defendt or any of the said Company towardes the said Earle, or any of his s[erva]nntes or officers (to this defendt knowledge) and that he had no cause there but onelye to be attendant on his Maister.

Marmaducke Fenwicke of Kirkharle in the Countie of Northumbreland gentlem[an] another of the said defendts. To the first, second, third, iiijth, vth, vjth, vijth, viijth, ixth & xth interrogatories he canot deposse: for that he was not at any huntinge aboute the said tymes menconed in the said interrogatorye w[i]thin the groundes of the said Complt. To the xjth interrogatorie saieth, That he hathe no displeasure to the said Complt, nor to none of his s[erva]nntes or officers nor haithe no cause to hunt in the said Complts groundes, nor doth not hunte at any tyme within the same.

Martyne Smyth of Erdesden forest in the Countie of Northumberland yoman another of the said defendts To the first, seconnd, third, iiijth, vth, vjth, vijth, viijth, ixth & xth interrogatories he canot deposse, For that he was at nether of the said huntinges supposed to be w[i]thin the groundes of the said Complt, as in the said interrogatories is menconed. To the xjth interrogatorie saith That there ys no displeasure nor unkyndnes betwene hym & the said Complt or any his s[erva]nntes or officers (to his knowledge).

Robert Tromble of Woddrington in the said Countie of Northumbreland yoman another of the said defendts: To the first Interrogatorie saith That he was p[re]sent at an huntinge w[i]thin Togsdon feildes about the tyme menconed in this first Interrogatorye, w[hi]ch hunting was in the daye tyme, And that Sr Franncys Russell Knight, Willm Fenwicke of Wallington Esquire, Roger Fenwicke & Lamwell Fenwicke his s[erva]nntes, Willm Woddrington gen, John Lowder s[erva]nnt to the said Sr Franncys Russell & others whose names this deft knoweth not to the nomber of xij or xvjth p[er]sones or there aboute was then in his Companye. To the seconnd interrogatorie saith That this defendt being servannte to Sr Henrie Woddrington & dwelling at Woddrington where the said Willm Fenwicke was hunting, and willed this defendt being his uncle s[erva]nnt to goe to Togsdon w[i]th hyme in his waye towardes Alnewicke, as this defendt did and there they hunted in togsdon feildes and kylled twoo maile deare, Thone in togsdon feildes, and thother (as he hard yt reported) in the feildes of Warkworth, belonging to the tenantes & freholders of the same towne (as he supposeth) And that the Companye was all on horsebacke, except one that Ledd the dogs (to his knowledge). To the third interrogatorie saith That he had onelye A sword & no dager and the rest had swordes & dagers, as they usuallie ryde, except A s[erva]nnt to Sr Franncys Russell KNight, w[hi]ch had a lancestaffe: But nether speares Jackes nor previe Cott was in there Companye (to his knowledge). To the iiijth interrogatorye saith That one Fynche of Warkworth came unto this defendt & Lamwell Fenwicke ser[va]nnt to the said Willm Fenwicke, and said to them, Well, you have killed my Lordes game, who annswered that they did not knowne of any his Lordes deare killed at that tyme, And further or other speches was not betwene them, or any other w[hi]ch this defendt hard or cane remember. To the vth interrogat[orie] saith That the huntinge was in togsdon groundes belonging to one Marmaducke Fenwicke, but in no groundes belonging to the Complt, that he knoweth, w[hi]ch huntinge was in the daye tyme, And that he knoweth not whether the said groundes ar used for p[re]servation of any deare: But he supposeth that they ar not for that purpose. To the vjth vijth, viijth, ixth & xth Interrogatoryes he canot depose, For that he was not p[re]sent at any huntinge w[i]thin the groundes of the said Complt about the tyme named in the said vjth Interrogatorie. To the xjth Interrogatorye saith That he haith no displeasure or unkyndness towardes the said Complt or any of his s[erva]nntes or officers, And that none of the Company whiche was w[i]th hyme haithe any displeasure towardes them or any of them (to his knowledge)./././.:./././


Replication of Henry Percy:

The replication of Henry Percy Knight Erle of Northumberland complt to the Joynt and severall answers of Willm Fenwick Esquier Ephraim Woodrington Cuthbert Ogle and Lamuell Fenwicke defendts

- of which there are two copies in the bundle

The sayd complt sayth and doth and will maynteyne his sayd Bill of complt to be verie certein and sufficient in Law to be answered unto in manner and forrme as in his sayd bill of complt they bene very playnly and truly sett forth and declared And further for replication sayth as in his sayd bill of complt he before hath sayd that very true yt is that the sayd defendts Willm Fenwick Ephraim Woodrington Cuthbert Ogle & Lamuell Fenwick w[i]th divers others to the number of twenty many of them beinge disguysed and not to be knowen and armed in warlick manner dyd very riouto[s]ly in the night tyme enter into the grounds of the sayd complt called the east and west demesnes of the Lodship or Mannor of Werckworth and Acklengton fields in the countie of Northumberland and dyd hunt in the sayd Erles groundes And that also very true yt [is] that the sayd Willm Fenwick and others evyll disposed p[er]sons to the number of twenty in warlick Manner armed dyd ryotuously enter into the sayd p[ar]tes of the sayd Mannor called Gysen fields & Warckworth moore & there dyd in ryoutous manner hunt and kyll the deere And that the sayd defendts & other of their company dyd of purpose gyve evill speeches and great occasions to the kepers and servantes of the sayd Erle of great disturbannce and inconveniences yf they had bene as prone and ready to sutch misdemeanor as the sayd defendts were to the evyll example of the Quenes Ma[jesties] subiects there as more at large in the sayd bill exhibited to this honorable court is declared w[i]thout that that the sayd defendts purpose was only to hunt the groundes of the sayd Marmaduke Fenwicke called Togsdon or that the sayd defendts rydd towardes that place for sutch only purpose In manner and fourme as they have answered And w[i]thout that that any other matter or thinge mentioned in the sayd Answer materiall or effectuall to be replied unto And herein not sufficiently replied unto confessed avoided traversed or denied is true all w[hi]ch matters the sayd complaynant is ready to averre and prove as this honorable court shall award and therefore prayeth as in his sayd bill of complt he hath prayed

Bowyer


Rejoinder of William Fenwicke, Efraim Woodrington, Cuthbert Ogle & Lamuell Fenwicke:

The Reioynder of Willm Fenwicke Esquire Efraim Woodrington Cuthbert Ogle and Lamuell Fenwicke defendts to the Replicacon of Henrye Percye Knighte Earle of Northumberland Complt

The sayed defendantes for Reioynder sayen as they before in their sayde Annswere have sayed and doe and will averr maynteyne iustefye and prove all and everye the matter thinge and thinges therin conteyned to be good iuste Certeyne and sufficiente in the lawe to be Replyed unto in suche mann[er] and forme as in the same Annswere they be truelye sett downe specefyed and declared And further the sayde defendantes bill of Complaynte to noe other end intente or purpose but onlye to vex troble and moleste the sayde defendantes And to put them to excessyve costes Charges and expences in the lawe w[i]thout any iuste Cause or good grownde of matter so to doe w[i]thout that that any other matter thinge or thinges in the sayde Replycacon menconed and expressed materyall or effectuall to be Reioyned unto and in this Reioynder not sufficientlye reioyned unto confessed and avoyded or els trav[er]sed or denyed is true All whiche matters the sayde defendts ar readye to averr and prove as this honourable Courte shall awarde and praye as before in their sayde Annswere thay have prayed

T . 24 .