Difference between revisions of "STAC 5/S41/29"

From Rpalmer
Jump to: navigation, search
(Created page with " '''Court of Star Chamber:''' '''James Strother late of Howborme, Northumberland & Michaell Strother, late of the same, his brother v George Nevill late of Fenton, Northumber...")
 
m
(2 intermediate revisions by one user not shown)
Line 10: Line 10:
 
==='''''Bill of complaint:'''''===
 
==='''''Bill of complaint:'''''===
  
Dated on reverse ".......... Anno xxxix Elizabeth Regine    Willm Mill"
+
(Dated on reverse ".......... Anno xxxix Elizabeth Regine    Willm Mill")
  
 
To the Queenes most Excellent Ma[jes]tie/
 
To the Queenes most Excellent Ma[jes]tie/
Line 17: Line 17:
  
 
Phelipps .. con........ Querente
 
Phelipps .. con........ Querente
 +
 +
 +
==='''''Answers of George Nevill, Robert Gray, Roger Gray, Thomas Gray of Warke, Rauf Gray the elder, Rauf Gray the younger:'''''===
  
 
   
 
   
Line 28: Line 31:
  
 
The said defendts by p[ro]testacon not Confessing the Materyall Matters in the said bill of Complt Conteyned to be trewe And saving unto themselves and ev[er]y of them at all tymes hereafter all benefyttes and advantages of Excepcon to the uncertenty and insufficyencye thereof for answere thereunto say and ev[er]y of them sev[er]ally saythe That the said bill of Complt and the matters and thinges therein Conteyned are not onely uncerteyne untrue fryvolous and insufficyent in the Lawe to be answered unto for div[er]se and sundry very manyfest and apparant faults and imp[er]fections therein Conteyned But also devised and Contryved (as theis defendts verylie thinke) of mallice and evill will against them the said defts onely of intente and purpose to trouble vexe oppresse and undoe them being most of them very poore men inhabyting and dwelling very neare adioyning unto the borders of Scotland Rather then upon any good ground or iust cause so to doe And they further saye  
 
The said defendts by p[ro]testacon not Confessing the Materyall Matters in the said bill of Complt Conteyned to be trewe And saving unto themselves and ev[er]y of them at all tymes hereafter all benefyttes and advantages of Excepcon to the uncertenty and insufficyencye thereof for answere thereunto say and ev[er]y of them sev[er]ally saythe That the said bill of Complt and the matters and thinges therein Conteyned are not onely uncerteyne untrue fryvolous and insufficyent in the Lawe to be answered unto for div[er]se and sundry very manyfest and apparant faults and imp[er]fections therein Conteyned But also devised and Contryved (as theis defendts verylie thinke) of mallice and evill will against them the said defts onely of intente and purpose to trouble vexe oppresse and undoe them being most of them very poore men inhabyting and dwelling very neare adioyning unto the borders of Scotland Rather then upon any good ground or iust cause so to doe And they further saye  
and ev[er]y of them for himself sev[er]ally sayth in man[er] and forme following And first the said Thomas Gray of Warke Rauf Gray thelder and Rauf Gray the younger [struckthrough: and Thomas Burrell] for themselves sev[er]ally saye and ev[er]y of them for himself saith That as to the Comyng or being at the said fayre or m[ar]ket in the bill menconed w[i]th forethought & evill intended mallice and wicked purpose armed & p[ro]vyded as in the bill is alledged and s[ur]mised and w[i]th p[re]tended purpose aforehand to murder kill and destroy the said Complts or eyther of them And as to the Ryotts Routs unlawfull assemblyes and other misdemeanors what soev[er] (examynable in this Court) in the said bill of Complt Conteyned & wherew[i]th theise defts or any of them are by the said bill of Complt chardged, they and ev[er]y of them are thereof not guylty in such sort man[er] and forme as in the said bill of Complt is most untruely and slanderously suggested and s[ur]mised And the said Roger Gray and Robt Gray for themselves say and eyther of them for himself saith That in or about the tyme and place in the bill of Complt specifyed they theis defendts being and remayning in gods peace and her Ma[jesties] not [?Minding?] nor intending any bodely harme hurt nor displeasure to any p[er]son nor p[er]sons neyther supposing any to be ment nor intended towardes them Then and there the said Complts being accompanyed w[i]th one Roger Strother Willm Strother and div[er]se other p[er]sons to the number of x or xij p[er]sons at the least being armed p[ro]ided arayed and furnished w[i]th pry... Cotes, plate sleves gantlettes steilecappes swordes daggers speares pistolls and div[er]se other weapons aswell offensive as defensyve Ryotously and in most Ryotous and unlawfull man[er]assembled themselves togither and being so assembled and gathered togither Then and there the said Roger Strother and Wm Strother being ayded Comforted abetted or p[ro]cured thereunto by the said Complts and thother p[er]sons in there Companye did then and there beginne and make one greate and heynous assalt and affray upon these defendts and in the same affray the said Willm Strother w[i]th a scotts sword did on the [?sudaine?] stryke at the said Robt Gray one of theise defts and therew[i]th did give unto him one greate Lardg and deadly wounde upon the forep[ar]t of his heade so that therew[i]th the said Robt Gray fell downe to the ground where he for a long season did lye as deade not being able to helpe himself nor to aryse untill he was helped by some of her Ma[jesties] subiects then and there p[re]sent And the said Georg Nevill for himself sev[er]ally saythe That long before the tyme of the keping of the said faire or m[ar]ket in the place in the bill menconed Sir Thomas Gray knight was seised in fee or of some other estate of inheritance of and upon the mannor or L[ordshi]p of fenton in the bill menconed w[i]thall and singuler thapp[ur]tenances p[ri]viledges liberties franchises and hereditam[en]ts whatsoev[er] to the same belonging or app[er]teyning, w[i]thin w[hi]ch mannor or L[ordshi]p the Custome ys and tyme whereof memorye of man ys not to the Contrarye hath bene used and accustomed that about the tyme in the bill menconed one ..ert or Comon mart faire or m[ar]ket called St Renyon faire hath bene held and kept at or about an usuall place w[i]thin the said mannor or l[ordshi]p of fenton called St Renyon or St Nynians well And that by the like tyme the baylif or officer of the said mannor or l[ordshi]p of fenton for that tyme being hath bene and ys a Conservator of the peace w[i]thin the said mannor or l[ordshi]p and hath used and accustomed to p[ro]clame the said fayre or m[ar]ket and that her Ma[jesties] peace during the Continewance thereof should be kepte and Conserved w[i]thin the same by such p[er]son or p[er]sons as should resort thither about any there affaires or busynes there to be done And likewyse by the like tyme the said bayliffe for the tyme being hath used & bene accustomed to arreast and imprison all and ev[er]y such p[er]son or p[er]sons as have bene found to have broken her Ma[jesties] said peace or bene suspected of or comytted any fellony murder or other Cryme contrary her Ma[jesties] saide peace And them so arreasted or [imprisoned] [... portion obscured by crease ...] of peace w[i]thin the said County of Northumberland to be tryed and receave punishm[en]t for there offences according to her Ma[jesties] lawes and statutes therefore p[ro]vided And likewise yt hath by the like tyme bene used & accustomed w[i]thin the said mannor or l[ordshi]p that such as have bene p[re]sent at the breach of any such her Ma[jesties] peace w[i]thin the said mannor or l[ordshi]p have by the
+
and ev[er]y of them for himself sev[er]ally sayth in man[er] and forme following And first the said Thomas Gray of Warke Rauf Gray thelder and Rauf Gray the younger <del>and Thomas Burrell</del> for themselves sev[er]ally saye and ev[er]y of them for himself saith That as to the Comyng or being at the said fayre or m[ar]ket in the bill menconed w[i]th forethought & evill intended mallice and wicked purpose armed & p[ro]vyded as in the bill is alledged and s[ur]mised and w[i]th p[re]tended purpose aforehand to murder kill and destroy the said Complts or eyther of them And as to the Ryotts Routs unlawfull assemblyes and other misdemeanors what soev[er] (examynable in this Court) in the said bill of Complt Conteyned & wherew[i]th theise defts or any of them are by the said bill of Complt chardged, they and ev[er]y of them are thereof not guylty in such sort man[er] and forme as in the said bill of Complt is most untruely and slanderously suggested and s[ur]mised And the said Roger Gray and Robt Gray for themselves say and eyther of them for himself saith That in or about the tyme and place in the bill of Complt specifyed they theis defendts being and remayning in gods peace and her Ma[jesties] not [?Minding?] nor intending any bodely harme hurt nor displeasure to any p[er]son nor p[er]sons neyther supposing any to be ment nor intended towardes them Then and there the said Complts being accompanyed w[i]th one Roger Strother Willm Strother and div[er]se other p[er]sons to the number of x or xij p[er]sons at the least being armed p[ro]ided arayed and furnished w[i]th pry... Cotes, plate sleves gantlettes steilecappes swordes daggers speares pistolls and div[er]se other weapons aswell offensive as defensyve Ryotously and in most Ryotous and unlawfull man[er]assembled themselves togither and being so assembled and gathered togither Then and there the said Roger Strother and Wm Strother being ayded Comforted abetted or p[ro]cured thereunto by the said Complts and thother p[er]sons in there Companye did then and there beginne and make one greate and heynous assalt and affray upon these defendts and in the same affray the said Willm Strother w[i]th a scotts sword did on the [?sudaine?] stryke at the said Robt Gray one of theise defts and therew[i]th did give unto him one greate Lardg and deadly wounde upon the forep[ar]t of his heade so that therew[i]th the said Robt Gray fell downe to the ground where he for a long season did lye as deade not being able to helpe himself nor to aryse untill he was helped by some of her Ma[jesties] subiects then and there p[re]sent And the said Georg Nevill for himself sev[er]ally saythe That long before the tyme of the keping of the said faire or m[ar]ket in the place in the bill menconed Sir Thomas Gray knight was seised in fee or of some other estate of inheritance of and upon the mannor or L[ordshi]p of fenton in the bill menconed w[i]thall and singuler thapp[ur]tenances p[ri]viledges liberties franchises and hereditam[en]ts whatsoev[er] to the same belonging or app[er]teyning, w[i]thin w[hi]ch mannor or L[ordshi]p the Custome ys and tyme whereof memorye of man ys not to the Contrarye hath bene used and accustomed that about the tyme in the bill menconed one ..ert or Comon mart faire or m[ar]ket called St Renyon faire hath bene held and kept at or about an usuall place w[i]thin the said mannor or l[ordshi]p of fenton called St Renyon or St Nynians well And that by the like tyme the baylif or officer of the said mannor or l[ordshi]p of fenton for that tyme being hath bene and ys a Conservator of the peace w[i]thin the said mannor or l[ordshi]p and hath used and accustomed to p[ro]clame the said fayre or m[ar]ket and that her Ma[jesties] peace during the Continewance thereof should be kepte and Conserved w[i]thin the same by such p[er]son or p[er]sons as should resort thither about any there affaires or busynes there to be done And likewyse by the like tyme the said bayliffe for the tyme being hath used & bene accustomed to arreast and imprison all and ev[er]y such p[er]son or p[er]sons as have bene found to have broken her Ma[jesties] said peace or bene suspected of or comytted any fellony murder or other Cryme contrary her Ma[jesties] saide peace And them so arreasted or [imprisoned] [... portion obscured by crease ...] of peace w[i]thin the said County of Northumberland to be tryed and receave punishm[en]t for there offences according to her Ma[jesties] lawes and statutes therefore p[ro]vided And likewise yt hath by the like tyme bene used & accustomed w[i]thin the said mannor or l[ordshi]p that such as have bene p[re]sent at the breach of any such her Ma[jesties] peace w[i]thin the said mannor or l[ordshi]p have by the
 
Comandm[en]t of the baylif or officer there for the tyme being used and bene accustoned to aide and assist him in the doing & executing of the p[re]misses And the said Sir Thomas Gray knight so being of the said mannor or l[ordshi]p w[i]th thapp[ur]tenances seised as aforesaid did marry and take to wyfe the Lady Katheryn Nevill And after dyed thereof seised By and after whose death the said mannor or l[ordshi]p discended and came as the same of right ought to discend and Come unto Rauf Graye esquire as brother and next heyre of the said Sir Thomas Gray knight By vertue whereof the said Rauf Gray esqr entred into the said mannor or l[ordshi]p and p[re]misses And was thereof seised accordingly And he so being thereof seised by good & sufficyent Conveyance and assurance in the lawe Conveyed and assigned over the said mannor or l[ordshi]p and p[re]misses to and for the use of the said Lady Katheryne for p[ar]t of her Joynture & dower furth of the lands of the said Sir Thomas Gray knight her late husband deceased To have and to hold for and during her naturall lyfe By force and vertue whereof the said Lady Katheryne entred into the said mannor or l[ordshi]p w[i]th thapp[ur]tenances And was and ys thereof seased in her demesne as of hir frehold during her lyfe Naturall And she so being thereof seised did long before the tyme in the bill menconed make ordaine nomynate and appoint this deft Georg Nevill her officer or baylif of the said mannor or l[ordshi]p By vertue whereof he entred and executed the said office of baylif and officer there at and before the tyme in the bill specyfied And at and about the tyme in the bill menconed [?did?] according to the saide Custome openly p[ro]clame the said fayre and that her Ma[jesties] peace during the Continewance thereof should be kept and observed w[i]thin the same And after the saide p[ro]clamacon so then made and p[ro]clamed the said Wm Strother & Roger Strother being accompayed ayded Conntenanced or assysted by and w[i]th the said Complts and div[er]se other p[er]sons and being weaponed as aforesaid did in the said fayre or m[ar]ket the tyme in the bill menconed begynne & make one greate and heynous assalt and affray upon the said Robt Gray and Roger Gray two other of theis defts And in the said affray the said Wm Strother w[i]th a scottes sword did sodainely give unto the said Robt Gray one great & deadly wound upon the fore p[ar]t of his head so that therew[i]th the said Robt Gray fell to the ground and there for a long tyme did lye as deade And thereupon the said Wm Strother the Complts and thothers three assocyattes or assistants supposing the said Robt Gray had bene slayne did ev[er]y of them p[re]sently betake themselves to there horses w[hi]ch were then & there in the said fayre or m[ar]ket p[re]sent w[i]th them and so did flye furth of the same seking to escape the danger of lawe w[hi]ch might happen by reason of the wound aforesaid w[hi]ch this deft seing being offycer or bylif as aforesaid and supposing the said Robt Gray had bene slayne did thereupon pursue and follow after the said Complts and thothers there assocyattes to app[re]hend and arreast them for the fact by the said Wm Strother and them so Comitted as aforesaid And did then and there according to the Custome used as aforesaid will & Comande div[er]se of the defts and others then and there p[re]sent to ayde and assyst him in p[er]sewing the said offenders to app[re]hend and arreast them to answer the said facte w[hi]ch some of the said defts did accordingly And notw[i]thstanding the said Complts and there assocyates did escape away and Could not be app[re]hended at that tyme And the said Roger Gray for himself sayth as the said Georg Nevill and Robt Graye have sayde And further for himself sev[er]allye saythe That he after the said Robt Gray was .... and supposed to be slayne as aforesaid did by the Comandm[en]t of the said Georg Nevill and to ayde and assyst him in thexecution of his office follow and p[ur]sue the said Complts or there assocyates to app[re]hend and arreast them for the answering of the said fact so Comitted as aforesaid as he might lawfully doe as he taketh yt, wherefore they demannd Judgm[en]t of this hon[or]able Court and [?process?] to be dismissed furth of the same w[i]th there costs and chardges hereby wrongfully susteyned w[i]thout that theis defts or any of them of forethought & evill intended mallice and wicked purpose armed & p[ro]vided as in the bill is alledged cam to the said faire or m[ar]key aforesaid w[i]th p[re]tended purpose aforehand to murder kill or destroy the said Complts in such sort man[er] & forme as in the bill ys most falsly and slanderously suggested and s[ur]mised for that according to there said evill intended purpose and intent for the better execution of there evill will against the Complts these defts in the said faire or m[ar]ket did assemble & unlawfully & Ryotously gather & mete togither weaponed in warlike man[er] in such sort man[er] & forme as in the bill of Complt is suggested & alledged Or that then and there theis defts of purpose and intent by them malicyously agreed upon and Consulted aforehand to have maymed slayne and utterly have undone the Complts did Ryotously vyolently forceably and Contrary to her Ma[jesties] peace her Crowne and dignety make a greavous assalt and affray upon the Complts and them did then and there in the said oppen faire and feilds of fenton aforesaid greavously wounde beate stryke and evill entreate in such sort man[er] & forme as in the said bill of Complt ys falsly s[ur]mised and Contryved Or that the said Complts were beaten stryken or receaved any hurtes or woundes at all by any of these defts Or that theis defts p[er]ceaving the Complts betaking themselves to there horses as in the bill is menconed they theis defts of fresh and newly did also betake themselves and ev[er]y of them sev[er]ally betooke himself to his horse w[hi]ch they had ready then and there p[re]pared for there assystannce in execution of there intended force and murder upon the Complts in such sort man[er] & forme as in the said bill ys alledged and declared Or that they being sev[er]ally mounted upon there horses as in the bill ys menconed did Immediatlye pursue the Complts and them Chased & forceablye p[er]secuted and pursewed out of the said faire & feilds of fenton untill the Towne of howburne in such sort man[er] & forme as in the said bill of Complt is suggested and alledged Or that theis defts or any of them did pursue the Complts in any other man[er] or forme or for any other intent or purpose then before in this answer ys truely sett furthe and declared, Or that any other matter or thing materyall or effectuall in the lawe to be answered unto in the said bill of Conteyned and here in this answer not sufficyently Confessed or avoyded traversed or denyed is true All w[hi]ch matters theise defts are ready to averr & p[ro]ve as this hon[or]able Court shall award And pray as before they have prayed
 
Comandm[en]t of the baylif or officer there for the tyme being used and bene accustoned to aide and assist him in the doing & executing of the p[re]misses And the said Sir Thomas Gray knight so being of the said mannor or l[ordshi]p w[i]th thapp[ur]tenances seised as aforesaid did marry and take to wyfe the Lady Katheryn Nevill And after dyed thereof seised By and after whose death the said mannor or l[ordshi]p discended and came as the same of right ought to discend and Come unto Rauf Graye esquire as brother and next heyre of the said Sir Thomas Gray knight By vertue whereof the said Rauf Gray esqr entred into the said mannor or l[ordshi]p and p[re]misses And was thereof seised accordingly And he so being thereof seised by good & sufficyent Conveyance and assurance in the lawe Conveyed and assigned over the said mannor or l[ordshi]p and p[re]misses to and for the use of the said Lady Katheryne for p[ar]t of her Joynture & dower furth of the lands of the said Sir Thomas Gray knight her late husband deceased To have and to hold for and during her naturall lyfe By force and vertue whereof the said Lady Katheryne entred into the said mannor or l[ordshi]p w[i]th thapp[ur]tenances And was and ys thereof seased in her demesne as of hir frehold during her lyfe Naturall And she so being thereof seised did long before the tyme in the bill menconed make ordaine nomynate and appoint this deft Georg Nevill her officer or baylif of the said mannor or l[ordshi]p By vertue whereof he entred and executed the said office of baylif and officer there at and before the tyme in the bill specyfied And at and about the tyme in the bill menconed [?did?] according to the saide Custome openly p[ro]clame the said fayre and that her Ma[jesties] peace during the Continewance thereof should be kept and observed w[i]thin the same And after the saide p[ro]clamacon so then made and p[ro]clamed the said Wm Strother & Roger Strother being accompayed ayded Conntenanced or assysted by and w[i]th the said Complts and div[er]se other p[er]sons and being weaponed as aforesaid did in the said fayre or m[ar]ket the tyme in the bill menconed begynne & make one greate and heynous assalt and affray upon the said Robt Gray and Roger Gray two other of theis defts And in the said affray the said Wm Strother w[i]th a scottes sword did sodainely give unto the said Robt Gray one great & deadly wound upon the fore p[ar]t of his head so that therew[i]th the said Robt Gray fell to the ground and there for a long tyme did lye as deade And thereupon the said Wm Strother the Complts and thothers three assocyattes or assistants supposing the said Robt Gray had bene slayne did ev[er]y of them p[re]sently betake themselves to there horses w[hi]ch were then & there in the said fayre or m[ar]ket p[re]sent w[i]th them and so did flye furth of the same seking to escape the danger of lawe w[hi]ch might happen by reason of the wound aforesaid w[hi]ch this deft seing being offycer or bylif as aforesaid and supposing the said Robt Gray had bene slayne did thereupon pursue and follow after the said Complts and thothers there assocyattes to app[re]hend and arreast them for the fact by the said Wm Strother and them so Comitted as aforesaid And did then and there according to the Custome used as aforesaid will & Comande div[er]se of the defts and others then and there p[re]sent to ayde and assyst him in p[er]sewing the said offenders to app[re]hend and arreast them to answer the said facte w[hi]ch some of the said defts did accordingly And notw[i]thstanding the said Complts and there assocyates did escape away and Could not be app[re]hended at that tyme And the said Roger Gray for himself sayth as the said Georg Nevill and Robt Graye have sayde And further for himself sev[er]allye saythe That he after the said Robt Gray was .... and supposed to be slayne as aforesaid did by the Comandm[en]t of the said Georg Nevill and to ayde and assyst him in thexecution of his office follow and p[ur]sue the said Complts or there assocyates to app[re]hend and arreast them for the answering of the said fact so Comitted as aforesaid as he might lawfully doe as he taketh yt, wherefore they demannd Judgm[en]t of this hon[or]able Court and [?process?] to be dismissed furth of the same w[i]th there costs and chardges hereby wrongfully susteyned w[i]thout that theis defts or any of them of forethought & evill intended mallice and wicked purpose armed & p[ro]vided as in the bill is alledged cam to the said faire or m[ar]key aforesaid w[i]th p[re]tended purpose aforehand to murder kill or destroy the said Complts in such sort man[er] & forme as in the bill ys most falsly and slanderously suggested and s[ur]mised for that according to there said evill intended purpose and intent for the better execution of there evill will against the Complts these defts in the said faire or m[ar]ket did assemble & unlawfully & Ryotously gather & mete togither weaponed in warlike man[er] in such sort man[er] & forme as in the bill of Complt is suggested & alledged Or that then and there theis defts of purpose and intent by them malicyously agreed upon and Consulted aforehand to have maymed slayne and utterly have undone the Complts did Ryotously vyolently forceably and Contrary to her Ma[jesties] peace her Crowne and dignety make a greavous assalt and affray upon the Complts and them did then and there in the said oppen faire and feilds of fenton aforesaid greavously wounde beate stryke and evill entreate in such sort man[er] & forme as in the said bill of Complt ys falsly s[ur]mised and Contryved Or that the said Complts were beaten stryken or receaved any hurtes or woundes at all by any of these defts Or that theis defts p[er]ceaving the Complts betaking themselves to there horses as in the bill is menconed they theis defts of fresh and newly did also betake themselves and ev[er]y of them sev[er]ally betooke himself to his horse w[hi]ch they had ready then and there p[re]pared for there assystannce in execution of there intended force and murder upon the Complts in such sort man[er] & forme as in the said bill ys alledged and declared Or that they being sev[er]ally mounted upon there horses as in the bill ys menconed did Immediatlye pursue the Complts and them Chased & forceablye p[er]secuted and pursewed out of the said faire & feilds of fenton untill the Towne of howburne in such sort man[er] & forme as in the said bill of Complt is suggested and alledged Or that theis defts or any of them did pursue the Complts in any other man[er] or forme or for any other intent or purpose then before in this answer ys truely sett furthe and declared, Or that any other matter or thing materyall or effectuall in the lawe to be answered unto in the said bill of Conteyned and here in this answer not sufficyently Confessed or avoyded traversed or denyed is true All w[hi]ch matters theise defts are ready to averr & p[ro]ve as this hon[or]able Court shall award And pray as before they have prayed
  
  
  
 +
==='''''Answer of Willm Burrell:'''''===
 +
 +
.... Ao 39 Elizabeth .... Willm Mill
 +
 +
The Answer of Willm Burrell one of the defendts to the bill of Complainte of James Strother and Michaell Strother Complts
 +
 +
The said defendt saith that the said bill of Complainte ys verye untrewe ....ised and Contryved as this defendt verylie thinketh of mallice and evill will against him and others of the defendts in the said bill named of purpose to oppresse and undoe them being most of them very poore men, and dwelling verye neare adioyning to the borders of Scotland by greate Chardges and expences in the Lawe rather then upon any iust cause or ground of suite The advantage whereof and of all excepcons to the incerteynty and insufficyencye of the said bill at all tymes hereafter unto him this defendt saved He the said defendt for full & p[er]fecte answer to as much thereof as Concerneth himself saith That as to the Coming to the said faire or m[ar]ket in the said bill menconed w[i]th p[re]tended purpose to murder kill or destroye the said Complts and the unlawfull assemblyes Ryotts Routs and other misdemeanors examynable in this hon[or]able Courte whatsoev[er] wherew[i]th he this deft ys by the said bill Chardged he is of them and ev[er]y of them not guyltye in man[er] & forme as in the said bill is verye untruely and slanderously suggested and surmised All w[hi]ch matters he this deft ys and wilbe readye to averr maynteyne and prove as this hon[or]able Court shall award And so humblye prayeth to be dismissed furth of the same w[i]th his reasonable costs and Chardges hereby wrongfully had and susteyned
 +
 +
Jo .....
 +
 +
 +
 +
==='''''Demurrer of Thomas Graye and Thomas Fenkle:'''''===
  
 
21 Junij Anno 40 Elizabeth Regine
 
21 Junij Anno 40 Elizabeth Regine
Line 40: Line 56:
  
  
The saide defendts sayen, and eyther of them for himselfe sayeth That One Margarett Strother wyddowe w[hi]ch was the wyffe of Mathew Strother late deceased hath sythens the saide Bill of Complainte exhibited into this Ho[norable] Courte by the saide Compleynants vz In the Terme of Easter last past brought an appeale in her Ma[jesties] Courte at Westm[inster] called the Kinges Bench againste these defendts and div[erse] other of the defendts in and by the saide Bill of Complainte Charged w[i]th the supposed Ryott in the bill mencyoned of and for the death of the saide Mathew Strother her husband Thereby declaringe that where the saide Mathew Strother was in Gods peace and her Ma[jesties] at Fenton in the Countye of Northumberland the nynthe daye of October in the Eight and Therteth yeare of her Ma[jesties] Reigne about the hower of five in the afternone of the said daye These defendts and Roger Graye George Nevell Raphe Graye thelder Raphe Gray the younger and Robarte Graye together w[i]th William Burrell Thomas Burrell and George Burrell Feloniously and as fellons to Oure saide Sov[er]aigne Ladye the Quene secretlye and w[i]th an assault p[re]meditated againste the peace of oure said Sov[er]aigne Ladye her Crowne and dignitye the said ixth daie of October in the saide Eight and Therteth yeare of her highnes Raigne at Fenton aforesaide in the saide Countye of Northumberland about the saide hower of five in the afternone of the same ixth daie in and upon the saide Mathew Strother by force and armes then and there Feloniously and of there malice p[re]pensed did make an assault and affraye And that the said Thomas Graye of these defendts w[i]th a sworde of the valew of sixe shillinges, w[hi]ch he the saide Thomas Graye then and there had and held in his Right hand, The saide Mathew Strother then and there feloniouslye voluntarylye and of his malice p[re]pensed did strycke geving unto the saide Mathew then and there w[i]th the saide sworde one Mortall wound in and upon the right syde of his head of the breadth of three Inches and the depthe of three Inches of w[hi]ch Mortall wound the saide Mathew Strother then and there did Languishe from the saide vth hower in the afternone of the saide ixth daye of october in the said Eight and therteth yeare untill the sixetenth daye October in the saide Eight and Therteth yeare of her Ma[jesties] Raigne One w[hi]ch sixetenth daye of October in the saide Eight and Therteth yeare At Holborne in the said Countye of Northumberland The saide Mathew Strother of the saide Mortall wound did dye And that aswell the saide Roger Graye George Nevell Raphe Graye thelder Raphe Graye the younger Robarte Graye and this defendt Thomas Fenkle as the saide William Burrell Thomas Burrell and George Burrell, The saide ixth daye of October in the Eight and Therteth yeare aforesaide about the saide fiveth hower in the afternone of the same daye at Fenton aforesaide in the said Countye of Northumberland w[i]th force and armes that ys to saye w[i]th swordes gonnes bowes and Arrowes Feloniously voluntarylye and of there malice p[re]pensed were present Comfortinge eyding p[ro]curinge and maynteyninge this defendt Thomas Graye to doe and Comitt the said Felony and Murder As by the saide appeale and Recorde thereof remayninge in youre saide Courte of Kinges Bench maye at large appeare Unto w[hi]ch Appeale these defendts have appeared pleaded and putt in Bayle And w[hi]ch saide Suite of appeale now dependeth in the saide Courte againste these defendts yet undetermyned And these defendts doe Further saye that yt doth appeare manyfestly in and by the saide Bill of Complainte that there ys noe other Matter of Misdemeanor whatsoever in and by the saide Bill of Complainte layed to these defendts charge but only the supposed Ryott wherew[i]th these defendts and thother defendts in the saide Bill named are charged in and by the saide Bill of Complainte w[hi]ch supposed Ryott is alleaged in and by the saide Bill to have byn Comitted at Fenton aforesaide in the saide Countye of Northumberland in or about the twenteth daye of September in the saide Eight and Therteth yeare of her Ma[jesties] Raigne And that these defendts And the saide Roger Graye George Nevell Raphe Graye thelder Raphe Graye the younger Robarte Graye William Burrell Thomas Burrell and George Burrell of there forethought and evill intended malice and wicked p[ur]pose armed and arrayed w[i]th pryvye Coates stile Cappes and div[erse] weapons Came to the saide place at that tyme w[i]th p[re]tensed p[ur]pose aforehand to murder kill and destroye the saide Compleynantes And that accordinge to there evill intended p[ur]pose and intent And for the better execucon of there malice and evill will againste the saide Compleynantes these defendts and thother defendts in the saide Bill named then and there in the open Fayre then kept (where manye multitudes and Numbers of her Ma[jesties] Subiects were assembled) did then and there Ryottously and Contrarye to her Ma[jesties] Peace Crowne and dignytye make a greavous assault and affraye upon the saide Compleynantes And them did then and there greavouslye stricke so as the saide Compleynantes of there lyves were in dispaire And that the saide defendts being so Armed and arrayed as aforesaide did then and there Ryottously and forcibly pursue and Chase the saide Compleynantes one horse backe unto the Towne of Holborne beinge Fower myles distant from the saide Towne of Fenton as in and by the saide Bill doth also at large appeare And these defendts doe and will averr and prove to this ho[norable] Courte that these defendts Thomas Graye and Thomas Fenkle and thother defendts in the saide Bill of Complainte mencyoned And the saide Thomas Graye and Thomas Fenkle and thother p[er]sons in the saide Suite of appeale mencyoned Are the same and the selfe same p[er]sons and not div[erse] not others wherefore and forasmuch as by the p[re]..ce of the saide Bill the now Compleynantes intend and hope to enforce these defendts by waye of Annswere to discover Matter upon there othes tending as the Compleynantes p[re]tend to serve for evidence against the said defendts in the saide appeale for provfe of the assault affraye and murder in the same appeale untreuly supposed Therefore these defendts [struckthrough: doe demure in Lawe upon the saide bill of Complainte and the Matter therein conteyned And] doe demannd Judgement And most humbly submitt themselves to the consideracon of this most Ho[norable] Courte whether these defendts (the saide appeale yet depending undetermyned as aforesaide) shalbe Compelled to make anie Further or other annswere to the saide Bill of Complainte concerninge the saide supposed affraye and Ryott wherew[i]th theye are charged in and by the saide Bill of Complainte For all w[hi]ch cawses these defendts most humbly praye to be dismissed out of this Ho[norable] Court w[i]th there Costs in this behalfe wrongefully susteyned  
+
The saide defendts sayen, and eyther of them for himselfe sayeth That One Margarett Strother wyddowe w[hi]ch was the wyffe of Mathew Strother late deceased hath sythens the saide Bill of Complainte exhibited into this Ho[norable] Courte by the saide Compleynants vz In the Terme of Easter last past brought an appeale in her Ma[jesties] Courte at Westm[inster] called the Kinges Bench againste these defendts and div[erse] other of the defendts in and by the saide Bill of Complainte Charged w[i]th the supposed Ryott in the bill mencyoned of and for the death of the saide Mathew Strother her husband Thereby declaringe that where the saide Mathew Strother was in Gods peace and her Ma[jesties] at Fenton in the Countye of Northumberland the nynthe daye of October in the Eight and Therteth yeare of her Ma[jesties] Reigne about the hower of five in the afternone of the said daye These defendts and Roger Graye George Nevell Raphe Graye thelder Raphe Gray the younger and Robarte Graye together w[i]th William Burrell Thomas Burrell and George Burrell Feloniously and as fellons to Oure saide Sov[er]aigne Ladye the Quene secretlye and w[i]th an assault p[re]meditated againste the peace of oure said Sov[er]aigne Ladye her Crowne and dignitye the said ixth daie of October in the saide Eight and Therteth yeare of her highnes Raigne at Fenton aforesaide in the saide Countye of Northumberland about the saide hower of five in the afternone of the same ixth daie in and upon the saide Mathew Strother by force and armes then and there Feloniously and of there malice p[re]pensed did make an assault and affraye And that the said Thomas Graye of these defendts w[i]th a sworde of the valew of sixe shillinges, w[hi]ch he the saide Thomas Graye then and there had and held in his Right hand, The saide Mathew Strother then and there feloniouslye voluntarylye and of his malice p[re]pensed did strycke geving unto the saide Mathew then and there w[i]th the saide sworde one Mortall wound in and upon the right syde of his head of the breadth of three Inches and the depthe of three Inches of w[hi]ch Mortall wound the saide Mathew Strother then and there did Languishe from the saide vth hower in the afternone of the saide ixth daye of october in the said Eight and therteth yeare untill the sixetenth daye October in the saide Eight and Therteth yeare of her Ma[jesties] Raigne One w[hi]ch sixetenth daye of October in the saide Eight and Therteth yeare At Holborne in the said Countye of Northumberland The saide Mathew Strother of the saide Mortall wound did dye And that aswell the saide Roger Graye George Nevell Raphe Graye thelder Raphe Graye the younger Robarte Graye and this defendt Thomas Fenkle as the saide William Burrell Thomas Burrell and George Burrell, The saide ixth daye of October in the Eight and Therteth yeare aforesaide about the saide fiveth hower in the afternone of the same daye at Fenton aforesaide in the said Countye of Northumberland w[i]th force and armes that ys to saye w[i]th swordes gonnes bowes and Arrowes Feloniously voluntarylye and of there malice p[re]pensed were present Comfortinge eyding p[ro]curinge and maynteyninge this defendt Thomas Graye to doe and Comitt the said Felony and Murder As by the saide appeale and Recorde thereof remayninge in youre saide Courte of Kinges Bench maye at large appeare Unto w[hi]ch Appeale these defendts have appeared pleaded and putt in Bayle And w[hi]ch saide Suite of appeale now dependeth in the saide Courte againste these defendts yet undetermyned And these defendts doe Further saye that yt doth appeare manyfestly in and by the saide Bill of Complainte that there ys noe other Matter of Misdemeanor whatsoever in and by the saide Bill of Complainte layed to these defendts charge but only the supposed Ryott wherew[i]th these defendts and thother defendts in the saide Bill named are charged in and by the saide Bill of Complainte w[hi]ch supposed Ryott is alleaged in and by the saide Bill to have byn Comitted at Fenton aforesaide in the saide Countye of Northumberland in or about the twenteth daye of September in the saide Eight and Therteth yeare of her Ma[jesties] Raigne And that these defendts And the saide Roger Graye George Nevell Raphe Graye thelder Raphe Graye the younger Robarte Graye William Burrell Thomas Burrell and George Burrell of there forethought and evill intended malice and wicked p[ur]pose armed and arrayed w[i]th pryvye Coates stile Cappes and div[erse] weapons Came to the saide place at that tyme w[i]th p[re]tensed p[ur]pose aforehand to murder kill and destroye the saide Compleynantes And that accordinge to there evill intended p[ur]pose and intent And for the better execucon of there malice and evill will againste the saide Compleynantes these defendts and thother defendts in the saide Bill named then and there in the open Fayre then kept (where manye multitudes and Numbers of her Ma[jesties] Subiects were assembled) did then and there Ryottously and Contrarye to her Ma[jesties] Peace Crowne and dignytye make a greavous assault and affraye upon the saide Compleynantes And them did then and there greavouslye stricke so as the saide Compleynantes of there lyves were in dispaire And that the saide defendts being so Armed and arrayed as aforesaide did then and there Ryottously and forcibly pursue and Chase the saide Compleynantes one horse backe unto the Towne of Holborne beinge Fower myles distant from the saide Towne of Fenton as in and by the saide Bill doth also at large appeare And these defendts doe and will averr and prove to this ho[norable] Courte that these defendts Thomas Graye and Thomas Fenkle and thother defendts in the saide Bill of Complainte mencyoned And the saide Thomas Graye and Thomas Fenkle and thother p[er]sons in the saide Suite of appeale mencyoned Are the same and the selfe same p[er]sons and not div[erse] not others wherefore and forasmuch as by the p[re]..ce of the saide Bill the now Compleynantes intend and hope to enforce these defendts by waye of Annswere to discover Matter upon there othes tending as the Compleynantes p[re]tend to serve for evidence against the said defendts in the saide appeale for provfe of the assault affraye and murder in the same appeale untreuly supposed Therefore these defendts <del>doe demure in Lawe upon the saide bill of Complainte and the Matter therein conteyned And</del> doe demannd Judgement And most humbly submitt themselves to the consideracon of this most Ho[norable] Courte whether these defendts (the saide appeale yet depending undetermyned as aforesaide) shalbe Compelled to make anie Further or other annswere to the saide Bill of Complainte concerninge the saide supposed affraye and Ryott wherew[i]th theye are charged in and by the saide Bill of Complainte For all w[hi]ch cawses these defendts most humbly praye to be dismissed out of this Ho[norable] Court w[i]th there Costs in this behalfe wrongefully susteyned  
  
 
Wrightington
 
Wrightington
Line 47: Line 63:
  
  
.... Ao 39 Elizabeth .... Willm Mill
 
  
The Answer of Willm Burrell one of the defendts to the bill of Complainte of James Strother and Michaell Strother Complts
 
 
The said defendt saith that the said bill of Complainte ys verye untrewe ....ised and Contryved as this defendt verylie thinketh of mallice and evill will against him and others of the defendts in the said bill named of purpose to oppresse and undoe them being most of them very poore men, and dwelling verye neare adioyning to the borders of Scotland by greate Chardges and expences in the Lawe rather then upon any iust cause or ground of suite The advantage whereof and of all excepcons to the incerteynty and insufficyencye of the said bill at all tymes hereafter unto him this defendt saved He the said defendt for full & p[er]fecte answer to as much thereof as Concerneth himself saith That as to the Coming to the said faire or m[ar]ket in the said bill menconed w[i]th p[re]tended purpose to murder kill or destroye the said Complts and the unlawfull assemblyes Ryotts Routs and other misdemeanors examynable in this hon[or]able Courte whatsoev[er] wherew[i]th he this deft ys by the said bill Chardged he is of them and ev[er]y of them not guyltye in man[er] & forme as in the said bill is verye untruely and slanderously suggested and surmised All w[hi]ch matters he this deft ys and wilbe readye to averr maynteyne and prove as this hon[or]able Court shall award And so humblye prayeth to be dismissed furth of the same w[i]th his reasonable costs and Chardges hereby wrongfully had and susteyned
 
 
Jo .....
 
  
  

Revision as of 13:38, 13 October 2018

Court of Star Chamber:

James Strother late of Howborme, Northumberland & Michaell Strother, late of the same, his brother v George Nevill late of Fenton, Northumberland, Robte Graye of Chillingham, Roger Graye of Bewicke, Thomas Graye of Warke, Thomas Graye of Howicke, Raphe Graye the elder of Doddington, Raphe Graye the younger of Doddington, Willm Burrell of Milfield, Thomas Burrell of Killam, George Burrell of Chillingham and Thomas Fencle of Lyeham

Transcript: Dave King


Contents

Bill of complaint:

(Dated on reverse ".......... Anno xxxix Elizabeth Regine Willm Mill")

To the Queenes most Excellent Ma[jes]tie/

Most humbly Complayninge sheweth unto your gracyous Ma[jes]tie your humble & faithfull subiecte James Strother late of Howborne in the County of Northumberland gent & Michaell Strother late of the same gent brother to the s[ai]d James, That where they the said James & Michell Strother about the xxth daye of September last past for their needfull & necessarye affayers & busines made repayre & resorte to one [?overte?] & com...te Fayer or markett called St Rynyon fayer then held as tyme out of mynd of man the same hath byn held & kepte at Fenton or w[i]thin the lib[er]ties feilds or p[re]cycntes of the towne of Fenton in the said Countye at or about an usuall place in the feild of the s[ai]d Towne called St Rynion or St Nynyan well your Ma[jestie]s said sub[jec]ts in the said fayer or markett owte, w[i]th in the feilds & lib[er]ties of Fenton aforesaid so then being & Remayninge in the peace of god & your Ma[jes]tie intending & purposing only as the quiett usuall & peaceable mann[er] & usance of fayers is after p[ro]lamacon of the said Fayer & of your Ma[jesties] peace there (both w[hi]ch were first openly & solempnely denounced & p[ro]clamed) to p[ro]ceade in quiett peaceable mann[er] in & about the buying of such Cattell good wares & marchandize as to them the said James & Michaell Strother were most beffittinge needfull & expedient [?So?] yt fell out and yt may please your gracyous Ma[jes]tie that Certaine namely George Nevill late of Fenton in the said County yeoman, Robte Graye of Chillingham in the said County Yeoman Roger ..aye of Bewicke in the said County Yeoman Thomas Graye of Warke in the said County yeoman Raphe Graye of Doddington the younger yeoman Raphe Grey of the same thelder yeoman, Tho. Graye of Howicke in the said County yeoman Wm Burrell of Milfeild in the said County yeoman Thomas Burrell of Killam in the [?said?] Countye yeoman George [Burrell of] Chillingham in the said County yeoman and Tho. Fencle of Lyeham in the said County of Northumberland yeoman of their forethought and evell intended mallice & wicked purpose armed & provided w[i]th [?p....?] Coats steele Capps swordes speares pystolls & other weapons aswell offensive as defensive Came to the said fayer or Markett at or in the feilds of Fenton aforesaid w[i]th p[re]tended purpose aforehand to murder kill & destroye your said subiectes James & Mich[aell] Strother, And according to there said evell intended purpose & intente & for the better execucon of their mallice & evell will against your said sub[jec]tes, they the said George Nevell Robte Graye Tho Graye of Warke Tho Gray of Howicke Raphe Graye the elder Raphe Gray the younger Willm Burrell Tho. Burrell George Burrell and Tho Fencle then & there in the said open fayer & markett where many multitudes & numbers of your Ma[jesties] Sub[jec]tes were assembled in & about their the.. lawfull trade traffique & affayres, did assemble & unlawfully & Ryotouslye gather & meete togeather weaponed in warlike mann[er] in all Condicons as ... afore.... .... then & there of purpose & intente by them malicyously agreed & Consueled upon afore hand to have maymed slayne or utterly have undone your s[ai]d subiectes .....usly vyolently forceably & Contrarye to your Ma[jesties] peace your Crowne & dignitye make a greevous assaulte & affraye upon your said Subiectes & then and there ........ in the s[ai]d open fayer & feilds of Fenton aforesaid greevously wound beate strike & evell intreate, So that your said sub[jects] of their lyves were indispayre yett not w[i]thstanding the said George Nevill & his said other Complices the defts aforesaid not so Contented but p[er]ceyving that your said Subiectes James & Michell Strother taking themselves to their horses w[hi]ch were then & there in the said fayre or Markett p[re]sent w[i]th them at Fenton aforesaid for the savegard of their lyves had fled & escaped the intended murder Crueltye & forces intended against them by the said George Nevill & his said Complices They the said George Nevill Robte Graye Roger Graye Tho. Graye of Warke Tho Graye of Howick Raphe Graye the elder Raphe Graye the younger Wm Burrell Tho. Burrell George Burrell & Tho. Fencle of freshe & Newly did also betake them selves & ev[er]ye of them sev[er]ally betooke himselfe to his horse w[hi]ch they had reddy then & there p[re]pared for their assistance in execucon of their said intended force and murder upon your said sub[jects] the Complts & being sev[er]ally mounted upon the same horses they the said George Nevill & his said other Complices before named armed & p[ro]vided as aforesaid Ryotously vyolently forceably malicyously and wickedly intending & purposing to have murdered & slayne your said Subiectes did Imedyatly pursue your said Subiectes & them Cha... & forceably p[er]secuted & pursued out of the said fayer & feilds of Fenton untill the towne of Howburne aforesaid w[hi]ch towne is fower myles destante from the said towne of Fenton, In w[hi]ch towne & place of Howburne your said sub[jects] by the speed of their horses & their other lawfull & [?allouable debate?] by flyinge into a stronge howse the.. verye stre..ghtly escaped & h..dly saved their lyves from the said force & vylolence of the said George Nevill & his said other Complices For w[hi]ch Causes your said Subiectes most humbly beseeche your Ma[jes]tie to grannt your most gracyous writt of Subpena to be directed unto the said George Nevill Robte Graye Rger Graye Thomas Graye of Warke Tho Graye of Howicke Raphe Graye thelder Raphe Graye the younger Willm Burrell Tho Burrell George Burrell and Thomas Fencle Comannding them and ev[er]ye of them thereby at a Certaine daye & under a Certaine payne therein to be lymitted p[er]sonally to appare in your Ma[jesties] highe Courte of Starre Chamber then and there to Annswere the p[remisses &c/

Phelipps .. con........ Querente


Answers of George Nevill, Robert Gray, Roger Gray, Thomas Gray of Warke, Rauf Gray the elder, Rauf Gray the younger:

.............. Rad Carr et Rad Delavale apud ....ck in [?Counterio ....?] ultimo die Augusti 1597 (signatures of Ra Carr & Raphe Delavale)

Wrightington att p defendt


The Joynt and sev[er]all answers of George Nevill Robert Gray Roger Gray Thomas Gray of Warke Rauf Gray thelder Rauf Gray the younger (struckthrough: Thomas Gray of Howick Thomas Burrell Georg Burrell and Thomas Fenckle) defend[an]ts to the bill of Complt of James Strother and Mychaell Strother Compleyn[an]ts

The said defendts by p[ro]testacon not Confessing the Materyall Matters in the said bill of Complt Conteyned to be trewe And saving unto themselves and ev[er]y of them at all tymes hereafter all benefyttes and advantages of Excepcon to the uncertenty and insufficyencye thereof for answere thereunto say and ev[er]y of them sev[er]ally saythe That the said bill of Complt and the matters and thinges therein Conteyned are not onely uncerteyne untrue fryvolous and insufficyent in the Lawe to be answered unto for div[er]se and sundry very manyfest and apparant faults and imp[er]fections therein Conteyned But also devised and Contryved (as theis defendts verylie thinke) of mallice and evill will against them the said defts onely of intente and purpose to trouble vexe oppresse and undoe them being most of them very poore men inhabyting and dwelling very neare adioyning unto the borders of Scotland Rather then upon any good ground or iust cause so to doe And they further saye and ev[er]y of them for himself sev[er]ally sayth in man[er] and forme following And first the said Thomas Gray of Warke Rauf Gray thelder and Rauf Gray the younger and Thomas Burrell for themselves sev[er]ally saye and ev[er]y of them for himself saith That as to the Comyng or being at the said fayre or m[ar]ket in the bill menconed w[i]th forethought & evill intended mallice and wicked purpose armed & p[ro]vyded as in the bill is alledged and s[ur]mised and w[i]th p[re]tended purpose aforehand to murder kill and destroy the said Complts or eyther of them And as to the Ryotts Routs unlawfull assemblyes and other misdemeanors what soev[er] (examynable in this Court) in the said bill of Complt Conteyned & wherew[i]th theise defts or any of them are by the said bill of Complt chardged, they and ev[er]y of them are thereof not guylty in such sort man[er] and forme as in the said bill of Complt is most untruely and slanderously suggested and s[ur]mised And the said Roger Gray and Robt Gray for themselves say and eyther of them for himself saith That in or about the tyme and place in the bill of Complt specifyed they theis defendts being and remayning in gods peace and her Ma[jesties] not [?Minding?] nor intending any bodely harme hurt nor displeasure to any p[er]son nor p[er]sons neyther supposing any to be ment nor intended towardes them Then and there the said Complts being accompanyed w[i]th one Roger Strother Willm Strother and div[er]se other p[er]sons to the number of x or xij p[er]sons at the least being armed p[ro]ided arayed and furnished w[i]th pry... Cotes, plate sleves gantlettes steilecappes swordes daggers speares pistolls and div[er]se other weapons aswell offensive as defensyve Ryotously and in most Ryotous and unlawfull man[er]assembled themselves togither and being so assembled and gathered togither Then and there the said Roger Strother and Wm Strother being ayded Comforted abetted or p[ro]cured thereunto by the said Complts and thother p[er]sons in there Companye did then and there beginne and make one greate and heynous assalt and affray upon these defendts and in the same affray the said Willm Strother w[i]th a scotts sword did on the [?sudaine?] stryke at the said Robt Gray one of theise defts and therew[i]th did give unto him one greate Lardg and deadly wounde upon the forep[ar]t of his heade so that therew[i]th the said Robt Gray fell downe to the ground where he for a long season did lye as deade not being able to helpe himself nor to aryse untill he was helped by some of her Ma[jesties] subiects then and there p[re]sent And the said Georg Nevill for himself sev[er]ally saythe That long before the tyme of the keping of the said faire or m[ar]ket in the place in the bill menconed Sir Thomas Gray knight was seised in fee or of some other estate of inheritance of and upon the mannor or L[ordshi]p of fenton in the bill menconed w[i]thall and singuler thapp[ur]tenances p[ri]viledges liberties franchises and hereditam[en]ts whatsoev[er] to the same belonging or app[er]teyning, w[i]thin w[hi]ch mannor or L[ordshi]p the Custome ys and tyme whereof memorye of man ys not to the Contrarye hath bene used and accustomed that about the tyme in the bill menconed one ..ert or Comon mart faire or m[ar]ket called St Renyon faire hath bene held and kept at or about an usuall place w[i]thin the said mannor or l[ordshi]p of fenton called St Renyon or St Nynians well And that by the like tyme the baylif or officer of the said mannor or l[ordshi]p of fenton for that tyme being hath bene and ys a Conservator of the peace w[i]thin the said mannor or l[ordshi]p and hath used and accustomed to p[ro]clame the said fayre or m[ar]ket and that her Ma[jesties] peace during the Continewance thereof should be kepte and Conserved w[i]thin the same by such p[er]son or p[er]sons as should resort thither about any there affaires or busynes there to be done And likewyse by the like tyme the said bayliffe for the tyme being hath used & bene accustomed to arreast and imprison all and ev[er]y such p[er]son or p[er]sons as have bene found to have broken her Ma[jesties] said peace or bene suspected of or comytted any fellony murder or other Cryme contrary her Ma[jesties] saide peace And them so arreasted or [imprisoned] [... portion obscured by crease ...] of peace w[i]thin the said County of Northumberland to be tryed and receave punishm[en]t for there offences according to her Ma[jesties] lawes and statutes therefore p[ro]vided And likewise yt hath by the like tyme bene used & accustomed w[i]thin the said mannor or l[ordshi]p that such as have bene p[re]sent at the breach of any such her Ma[jesties] peace w[i]thin the said mannor or l[ordshi]p have by the Comandm[en]t of the baylif or officer there for the tyme being used and bene accustoned to aide and assist him in the doing & executing of the p[re]misses And the said Sir Thomas Gray knight so being of the said mannor or l[ordshi]p w[i]th thapp[ur]tenances seised as aforesaid did marry and take to wyfe the Lady Katheryn Nevill And after dyed thereof seised By and after whose death the said mannor or l[ordshi]p discended and came as the same of right ought to discend and Come unto Rauf Graye esquire as brother and next heyre of the said Sir Thomas Gray knight By vertue whereof the said Rauf Gray esqr entred into the said mannor or l[ordshi]p and p[re]misses And was thereof seised accordingly And he so being thereof seised by good & sufficyent Conveyance and assurance in the lawe Conveyed and assigned over the said mannor or l[ordshi]p and p[re]misses to and for the use of the said Lady Katheryne for p[ar]t of her Joynture & dower furth of the lands of the said Sir Thomas Gray knight her late husband deceased To have and to hold for and during her naturall lyfe By force and vertue whereof the said Lady Katheryne entred into the said mannor or l[ordshi]p w[i]th thapp[ur]tenances And was and ys thereof seased in her demesne as of hir frehold during her lyfe Naturall And she so being thereof seised did long before the tyme in the bill menconed make ordaine nomynate and appoint this deft Georg Nevill her officer or baylif of the said mannor or l[ordshi]p By vertue whereof he entred and executed the said office of baylif and officer there at and before the tyme in the bill specyfied And at and about the tyme in the bill menconed [?did?] according to the saide Custome openly p[ro]clame the said fayre and that her Ma[jesties] peace during the Continewance thereof should be kept and observed w[i]thin the same And after the saide p[ro]clamacon so then made and p[ro]clamed the said Wm Strother & Roger Strother being accompayed ayded Conntenanced or assysted by and w[i]th the said Complts and div[er]se other p[er]sons and being weaponed as aforesaid did in the said fayre or m[ar]ket the tyme in the bill menconed begynne & make one greate and heynous assalt and affray upon the said Robt Gray and Roger Gray two other of theis defts And in the said affray the said Wm Strother w[i]th a scottes sword did sodainely give unto the said Robt Gray one great & deadly wound upon the fore p[ar]t of his head so that therew[i]th the said Robt Gray fell to the ground and there for a long tyme did lye as deade And thereupon the said Wm Strother the Complts and thothers three assocyattes or assistants supposing the said Robt Gray had bene slayne did ev[er]y of them p[re]sently betake themselves to there horses w[hi]ch were then & there in the said fayre or m[ar]ket p[re]sent w[i]th them and so did flye furth of the same seking to escape the danger of lawe w[hi]ch might happen by reason of the wound aforesaid w[hi]ch this deft seing being offycer or bylif as aforesaid and supposing the said Robt Gray had bene slayne did thereupon pursue and follow after the said Complts and thothers there assocyattes to app[re]hend and arreast them for the fact by the said Wm Strother and them so Comitted as aforesaid And did then and there according to the Custome used as aforesaid will & Comande div[er]se of the defts and others then and there p[re]sent to ayde and assyst him in p[er]sewing the said offenders to app[re]hend and arreast them to answer the said facte w[hi]ch some of the said defts did accordingly And notw[i]thstanding the said Complts and there assocyates did escape away and Could not be app[re]hended at that tyme And the said Roger Gray for himself sayth as the said Georg Nevill and Robt Graye have sayde And further for himself sev[er]allye saythe That he after the said Robt Gray was .... and supposed to be slayne as aforesaid did by the Comandm[en]t of the said Georg Nevill and to ayde and assyst him in thexecution of his office follow and p[ur]sue the said Complts or there assocyates to app[re]hend and arreast them for the answering of the said fact so Comitted as aforesaid as he might lawfully doe as he taketh yt, wherefore they demannd Judgm[en]t of this hon[or]able Court and [?process?] to be dismissed furth of the same w[i]th there costs and chardges hereby wrongfully susteyned w[i]thout that theis defts or any of them of forethought & evill intended mallice and wicked purpose armed & p[ro]vided as in the bill is alledged cam to the said faire or m[ar]key aforesaid w[i]th p[re]tended purpose aforehand to murder kill or destroy the said Complts in such sort man[er] & forme as in the bill ys most falsly and slanderously suggested and s[ur]mised for that according to there said evill intended purpose and intent for the better execution of there evill will against the Complts these defts in the said faire or m[ar]ket did assemble & unlawfully & Ryotously gather & mete togither weaponed in warlike man[er] in such sort man[er] & forme as in the bill of Complt is suggested & alledged Or that then and there theis defts of purpose and intent by them malicyously agreed upon and Consulted aforehand to have maymed slayne and utterly have undone the Complts did Ryotously vyolently forceably and Contrary to her Ma[jesties] peace her Crowne and dignety make a greavous assalt and affray upon the Complts and them did then and there in the said oppen faire and feilds of fenton aforesaid greavously wounde beate stryke and evill entreate in such sort man[er] & forme as in the said bill of Complt ys falsly s[ur]mised and Contryved Or that the said Complts were beaten stryken or receaved any hurtes or woundes at all by any of these defts Or that theis defts p[er]ceaving the Complts betaking themselves to there horses as in the bill is menconed they theis defts of fresh and newly did also betake themselves and ev[er]y of them sev[er]ally betooke himself to his horse w[hi]ch they had ready then and there p[re]pared for there assystannce in execution of there intended force and murder upon the Complts in such sort man[er] & forme as in the said bill ys alledged and declared Or that they being sev[er]ally mounted upon there horses as in the bill ys menconed did Immediatlye pursue the Complts and them Chased & forceablye p[er]secuted and pursewed out of the said faire & feilds of fenton untill the Towne of howburne in such sort man[er] & forme as in the said bill of Complt is suggested and alledged Or that theis defts or any of them did pursue the Complts in any other man[er] or forme or for any other intent or purpose then before in this answer ys truely sett furthe and declared, Or that any other matter or thing materyall or effectuall in the lawe to be answered unto in the said bill of Conteyned and here in this answer not sufficyently Confessed or avoyded traversed or denyed is true All w[hi]ch matters theise defts are ready to averr & p[ro]ve as this hon[or]able Court shall award And pray as before they have prayed


Answer of Willm Burrell:

.... Ao 39 Elizabeth .... Willm Mill

The Answer of Willm Burrell one of the defendts to the bill of Complainte of James Strother and Michaell Strother Complts

The said defendt saith that the said bill of Complainte ys verye untrewe ....ised and Contryved as this defendt verylie thinketh of mallice and evill will against him and others of the defendts in the said bill named of purpose to oppresse and undoe them being most of them very poore men, and dwelling verye neare adioyning to the borders of Scotland by greate Chardges and expences in the Lawe rather then upon any iust cause or ground of suite The advantage whereof and of all excepcons to the incerteynty and insufficyencye of the said bill at all tymes hereafter unto him this defendt saved He the said defendt for full & p[er]fecte answer to as much thereof as Concerneth himself saith That as to the Coming to the said faire or m[ar]ket in the said bill menconed w[i]th p[re]tended purpose to murder kill or destroye the said Complts and the unlawfull assemblyes Ryotts Routs and other misdemeanors examynable in this hon[or]able Courte whatsoev[er] wherew[i]th he this deft ys by the said bill Chardged he is of them and ev[er]y of them not guyltye in man[er] & forme as in the said bill is verye untruely and slanderously suggested and surmised All w[hi]ch matters he this deft ys and wilbe readye to averr maynteyne and prove as this hon[or]able Court shall award And so humblye prayeth to be dismissed furth of the same w[i]th his reasonable costs and Chardges hereby wrongfully had and susteyned

Jo .....


Demurrer of Thomas Graye and Thomas Fenkle:

21 Junij Anno 40 Elizabeth Regine Willm Mill

The demurrer of Thomas Graye and Thomas Fenkle two of the defendts to the Bill of Complainte of James Strother and Michaell Strother Compleynants


The saide defendts sayen, and eyther of them for himselfe sayeth That One Margarett Strother wyddowe w[hi]ch was the wyffe of Mathew Strother late deceased hath sythens the saide Bill of Complainte exhibited into this Ho[norable] Courte by the saide Compleynants vz In the Terme of Easter last past brought an appeale in her Ma[jesties] Courte at Westm[inster] called the Kinges Bench againste these defendts and div[erse] other of the defendts in and by the saide Bill of Complainte Charged w[i]th the supposed Ryott in the bill mencyoned of and for the death of the saide Mathew Strother her husband Thereby declaringe that where the saide Mathew Strother was in Gods peace and her Ma[jesties] at Fenton in the Countye of Northumberland the nynthe daye of October in the Eight and Therteth yeare of her Ma[jesties] Reigne about the hower of five in the afternone of the said daye These defendts and Roger Graye George Nevell Raphe Graye thelder Raphe Gray the younger and Robarte Graye together w[i]th William Burrell Thomas Burrell and George Burrell Feloniously and as fellons to Oure saide Sov[er]aigne Ladye the Quene secretlye and w[i]th an assault p[re]meditated againste the peace of oure said Sov[er]aigne Ladye her Crowne and dignitye the said ixth daie of October in the saide Eight and Therteth yeare of her highnes Raigne at Fenton aforesaide in the saide Countye of Northumberland about the saide hower of five in the afternone of the same ixth daie in and upon the saide Mathew Strother by force and armes then and there Feloniously and of there malice p[re]pensed did make an assault and affraye And that the said Thomas Graye of these defendts w[i]th a sworde of the valew of sixe shillinges, w[hi]ch he the saide Thomas Graye then and there had and held in his Right hand, The saide Mathew Strother then and there feloniouslye voluntarylye and of his malice p[re]pensed did strycke geving unto the saide Mathew then and there w[i]th the saide sworde one Mortall wound in and upon the right syde of his head of the breadth of three Inches and the depthe of three Inches of w[hi]ch Mortall wound the saide Mathew Strother then and there did Languishe from the saide vth hower in the afternone of the saide ixth daye of october in the said Eight and therteth yeare untill the sixetenth daye October in the saide Eight and Therteth yeare of her Ma[jesties] Raigne One w[hi]ch sixetenth daye of October in the saide Eight and Therteth yeare At Holborne in the said Countye of Northumberland The saide Mathew Strother of the saide Mortall wound did dye And that aswell the saide Roger Graye George Nevell Raphe Graye thelder Raphe Graye the younger Robarte Graye and this defendt Thomas Fenkle as the saide William Burrell Thomas Burrell and George Burrell, The saide ixth daye of October in the Eight and Therteth yeare aforesaide about the saide fiveth hower in the afternone of the same daye at Fenton aforesaide in the said Countye of Northumberland w[i]th force and armes that ys to saye w[i]th swordes gonnes bowes and Arrowes Feloniously voluntarylye and of there malice p[re]pensed were present Comfortinge eyding p[ro]curinge and maynteyninge this defendt Thomas Graye to doe and Comitt the said Felony and Murder As by the saide appeale and Recorde thereof remayninge in youre saide Courte of Kinges Bench maye at large appeare Unto w[hi]ch Appeale these defendts have appeared pleaded and putt in Bayle And w[hi]ch saide Suite of appeale now dependeth in the saide Courte againste these defendts yet undetermyned And these defendts doe Further saye that yt doth appeare manyfestly in and by the saide Bill of Complainte that there ys noe other Matter of Misdemeanor whatsoever in and by the saide Bill of Complainte layed to these defendts charge but only the supposed Ryott wherew[i]th these defendts and thother defendts in the saide Bill named are charged in and by the saide Bill of Complainte w[hi]ch supposed Ryott is alleaged in and by the saide Bill to have byn Comitted at Fenton aforesaide in the saide Countye of Northumberland in or about the twenteth daye of September in the saide Eight and Therteth yeare of her Ma[jesties] Raigne And that these defendts And the saide Roger Graye George Nevell Raphe Graye thelder Raphe Graye the younger Robarte Graye William Burrell Thomas Burrell and George Burrell of there forethought and evill intended malice and wicked p[ur]pose armed and arrayed w[i]th pryvye Coates stile Cappes and div[erse] weapons Came to the saide place at that tyme w[i]th p[re]tensed p[ur]pose aforehand to murder kill and destroye the saide Compleynantes And that accordinge to there evill intended p[ur]pose and intent And for the better execucon of there malice and evill will againste the saide Compleynantes these defendts and thother defendts in the saide Bill named then and there in the open Fayre then kept (where manye multitudes and Numbers of her Ma[jesties] Subiects were assembled) did then and there Ryottously and Contrarye to her Ma[jesties] Peace Crowne and dignytye make a greavous assault and affraye upon the saide Compleynantes And them did then and there greavouslye stricke so as the saide Compleynantes of there lyves were in dispaire And that the saide defendts being so Armed and arrayed as aforesaide did then and there Ryottously and forcibly pursue and Chase the saide Compleynantes one horse backe unto the Towne of Holborne beinge Fower myles distant from the saide Towne of Fenton as in and by the saide Bill doth also at large appeare And these defendts doe and will averr and prove to this ho[norable] Courte that these defendts Thomas Graye and Thomas Fenkle and thother defendts in the saide Bill of Complainte mencyoned And the saide Thomas Graye and Thomas Fenkle and thother p[er]sons in the saide Suite of appeale mencyoned Are the same and the selfe same p[er]sons and not div[erse] not others wherefore and forasmuch as by the p[re]..ce of the saide Bill the now Compleynantes intend and hope to enforce these defendts by waye of Annswere to discover Matter upon there othes tending as the Compleynantes p[re]tend to serve for evidence against the said defendts in the saide appeale for provfe of the assault affraye and murder in the same appeale untreuly supposed Therefore these defendts doe demure in Lawe upon the saide bill of Complainte and the Matter therein conteyned And doe demannd Judgement And most humbly submitt themselves to the consideracon of this most Ho[norable] Courte whether these defendts (the saide appeale yet depending undetermyned as aforesaide) shalbe Compelled to make anie Further or other annswere to the saide Bill of Complainte concerninge the saide supposed affraye and Ryott wherew[i]th theye are charged in and by the saide Bill of Complainte For all w[hi]ch cawses these defendts most humbly praye to be dismissed out of this Ho[norable] Court w[i]th there Costs in this behalfe wrongefully susteyned

Wrightington