STAC 5/C64/6
Court of Star Chamber:
Lancelot Carlton v John Musgrave, Thomas Musgrave, Richard Musgrave, Leon[ar]de Musgrave, Edwarde Musgrave, Thomas Blenkinsoppe, Edmond Dudlye, Thomas Dudley, Henry Dudley, Edmond Romney, Edward Nicholson, Samuell Lancaster, Willm Hutton, Willm Harrys, Edward Elwood, Alexander Barrowe, John Milborne, Jeffery Milborne, Thomas Milborne, Willm Grame, Hutchin Grame, Anthony Holme, Clement Hetherton, Randolphe Hetherton, George Hetherton, George Bell, Willm Bell, Rowland Robson, Frannces Bell, Willm Ornesbye, Anthoney Knight, and Peter Bell
Transcript: Dave King
Bill of Complaint:
dated on reverse Jovis vicesimo Octavo Junij Anno xlj Elizabeth Regine Willm Mill
Not transcribed here, see STAC 5/C6/10 for a copy of the Bill of Complaint.
Answer of John Musgrave:
The Annswere of John Musgrave gentleman one of the defendts to the Byll of Complaynt of Lancelott Carleton Complayn[an]t
..... Anno 41 Elizabeth Regine Willm Mill
The sayd defendt sayth that the sayd Byll ys incertein and insufficyent in the lawe to be annswered unto and ys framed and exhibyted as this defendt thinketh of purpose to putt this defendt and his frendes to unnecessarye charges and expences in the lawe and to crosse this defendt in another Suyte in this ho[norable] Cour[te] w[hi]ch he hath allready upon iust cause as he hopeth to prove commensed against the sayd Complt and div[er]s others for a notoryous ryott conspiracys and purpose to have murd[er]ed this defendt upon the same day and at the same tyme and place when the Ryott in the Byll mencyoned ys supposed to have bene commytted and for w[hi]ch the Complayn[an]t and hi[s] companye were indicted upon open evydence gyven in p[re]sence of the Complt at the next Sessions of the peace holden at Carlell, w[hi]ch may in p[ar]te appeare in this that there ys [i]nserted into the Byll an imp[er]tynent p[re]amble of other matters not examynable in this ho[norable] Court and also in this, That the Complayn[an]t hath made div[er]s of her ma[jesties] Ten[antes] w[ho] came to Brampton to appeare at the Court by reason of there tenantrightes defendts in this Bill thinking thereby to take away there testymony for proofe of the matters formerly complayned on by this defendt in this ho[norable] Courte And this defendt saving to himselfe all advantage of exception to the incertentye and insufficyencye thereof, For Annswere thereunto sayth That to all and every the Ryottes rowtes unlawfull assemblyes unlawfull wearing of weapons anymating & incouraging men to revenge Combinacon conspiracyes countenancing of p[er]sonnes utlawed of felony taking of brybes for overseing of theves or for suffring theves to escape being app[re]hended for fellonye and to all and every the other mysdemeanors in the sayd Byll conteyned layd to this defendts charge and examynable in this ho[norable] Courte he this defendt ys not thereof nor of any of them guiltye in such manner and forme as in the sayd Byll ys alledged And for the more playne declaracon of the truth touching the supposed Ryott and other mysdemeanors wherew[i]th this defendt ys charged by the sayd Byll This defendt sayth That he being Land sergeant of Gilseland in the sayd Countye of Cumberland by her ma[jesties] especyall appoyntm[en]t, and the head Court for her ma[jesties] Barrony of Gilseland being appoynted by the sayd Thomas Carleton (whom the Complt calleth Learned Steward who as this defendt thinketh ys but deputye to Mr Gerrard Lowther) to be kept on the sayd Thursday in Easter weke last, and this defendt having notice thereof did come thyther being the Steward Martyall in that place as his p[re]decessors during such tyme as they were Landsergeantes there had used to doe, And bycause this defendt was placed in that office to the great displeasure and discontent of the Complt and his bordering frendes & allyance, and had receyved many hard and unkynd speaches from them touching the enioying of that place, he this defendt did intreat two of his brethren in Lawe and thre or fower of his frendes besydes to ryde w[i]th him and accompanye him to the said Court at Brampton, w[hi]ch they dyd accordingly and had such and no other weapons or furnyture then they ordinarylie use to ryde w[i]th when they ryde into that p[ar]te of the Cuntrye being called the Low Land And this defendt and his company being come to the moote hall at Brampton where the Court was to be kept after some speaches betwene the said Thomas Carleton the deputye learned Steward and this defendt for that the sayd deputye Steward dyd w[i]thout shewing any cawse refuse to allow such Jurors as were returned by the Balyffes & had used to serve as Jurors there the sayd Thomas Carleton refused to p[ro]cede in the keping of the Court oneles he might have such Jurors returned and by such Balyffes as as he lyked on, and discharged all the S..ytors to appeare upon a new warning and so adiourned the Court and dep[ar]ted and this defendt lykewyse w[i]thout any contradiction went to his hoast howse w[i]th purpose to goe home and the sayd Thomas Carleton was goeing away towardes the Complayntes howse And this defendt w[i]th the rest of his company that came w[i]th him and some others of his frendes and of her ma[jesties] ten[antes] and resyantes w[i]thin the Jurisdiction of that Court being come to this defendts hoast howse, being one of the best Innes in the towne though the complaynt terme yt but an ale howse to debase the place had there such victualls as were p[ro]vyded for them and after thes defendt and the rest had dyned there was notice gyven to this defendt that div[er]s of the Graymes and other Borderers were come to the howse of the sayd Lancelo[t] Carleton the now Complayn[an]t in Brampton foote and that they were a great company and very well p[ro]vyded and that they had [?cast?] up talked... or ....ed feede against the two Dudleys this defendts brethren in lawe and would be revenged upon them ... & that they would do this defendt a displeasure and that they came for that purpose whereupon this defendt consulting w[i]th himselfe what was fyttest [?be?] done, p[re]sently the sayd Complt the deputye Steward and the rest of the Graymes and others of there company, whereof some were Scottes, & some owtlawed for felony being in number above fyftye personnes and all or the most of them having stele capps swordes daggers coates of plate gunnes horsemans peces and dagges did pass... by the howse where this defendt and his company were towardes the moote hall and being come thyther the sayd Complt and the rest being as yt seamed very desyrou[s] to have had this defendt amongst them having resolved (as this defendt hath sythence had intelligence) to have shott him w[i]th a pystoll upon the Benche the sayd depu[ty] Steward did cause proclamation for the Court and [?..rnst..?] a Jury to be called to gyve a verdict in a matter touching the tryall of a tytle of Tenantright betwene one Browne & an Infant of two yea[res] of age or thereabowtes this defendts nere kinsewoman w[hi]ch had formerly receyved a verdict for the infant, and her father dyed seysed of the tenem[en]t and yet againe questioned by the meanes of the sayd deputye Steward in revenge of the displeasure conceyved against this defendt as he thinketh But this defendt knowing that they could not p[ro]cede therein and suspecting that yt was but a coullor to have drawen him thyther of purpose to have murdered him amongst them this defendant cawsed his horses to be fetched forth and so meant to dep[ar]te, and the Complayn[an]t or some others of that companye p[er]ceyving this defendts readynes to dep[ar]te left of further p[ro]ceding to have a Court and came to the howse where this defendt and his company were and as they passed one of the company who was w[i]th the sayd deputy Steward and the Complt did discharge a dagg or gunne against the sayd howse where this defendt and his company were & then p[re]sently of a sodayne all the sayd Graymes & the rest of there company or the moste of them ................................................................ wyndowes, and ......... of the doore of purpose to h[ave] slayne this defendt as he thinketh and the rest of his company, and cryed a Grayme, a Grayme and so assaulted some of this defendts company that were w[i]thout the doore ready to take there horses or on horseback ready to dep[ar]te, and drove them from there horses and hurt some of them and there horses, and this defendt being not p[ro]vyde[d] eyther w[i]th men or furnyture to revenge or w[i]thstand these there sodayne outrages nor coming w[i]th purpose to harme any not suspecting any such assembly, did make the best defence they could, and in the end after long assaulting the howse and the company w[i]thin the house, and after some of the [C]omplayn[an]ts company had cryed to fetche fye[r] and sett in the howse thinking thereby to force this defendt to come forth This defendt in his owne defence did shoote of his pistoll and sayd that rather then he would be murdered or that the howse should be sett on fyer he would come forth and dye lyke a man and w[i]th that some of the Cun[trye] adioyning hearing the great noyse came in and then this defendt thinking that the Cuntrye would defend him against such unlawfull assaults made by men of that sorte came forth & so they dep[ar]ted away to the Complts howse, And during all this there unlawfull and ryotous assault the sayd Complayn[an]t being Bailyff and the sayd Deputy Steward dyd neyther seke to appease there owtrage or make any meanes to p[re]serve the peace but were contented as yt seameth by there owne former agrem[en]t that this defendt or some of his company should have bene murdered before they would have made any resystance, and to sett them a worke and to be goeing home themselves, And this defendt further sayth That after this most crewell & notoryous ryott thus commytted as aforesayd he this defendt knowing that Mr William Hutton his kinseman had some occasions of his owne to goe to London in Easter terme last did acquaint him w[i]th this course of p[ro]ceding, and bothe by speaches & letters intreated him to p[re]ferr a Bill into this ho[norable] Court against the now Complt and the sayd Thomas Carleton and the rest of the defendts in this defendts name, w[hi]ch the sayd Willm Hutton dyd accordingly and this defendt hath sythence repayed such charges as the p[ro]ces and Bill amounted unto, w[hi]ch this defendt ys p[er]sway[de]d the sayd Mr Hutton or any other might lawfully d[o] w[i]thout that that any other matter or thing in the sayd Bill conteyned matteriall to be annswered unto and layd to this defendts charge and herein not sufficyently confessed & avoyde trav[er]sed or deny[ed] ys trew, All w[hi]ch matters this defendt ys ready to averr & ......... this ho[norable] Court shall award And humbly prayeth to be discharged w[i]th his reasonable charges hereby most wrongfully susteyned
....... Hutton .......... 1599
The Annsweare of Willm Hutton & Willm Harris two of the defendantes to the Bill of Complt of Lanclott Carleton complaynante/
Juv 6 Novembris Anno 41 Elizabeth Regine Willm Mill
The saide defendantes savinge to them selves at all tyme hereafter all advantaige of exception to the incertaynetie and insuffyciencie, and all other the imp[er]fections of the said bill of Complaynte w[hi]ch as these defendantes thinke ys fraymed and exhibyted againste these defendts of purpose to moleste and trouble them and to putt them to excessyve Chardges and expences in the Lawe without anye iust cause of suyte at all: For annsweare there unto saie upon theire oathes; as followithe: And firste the said Willm Hutton the one of the said defendts for him self severallie saythe: that to all & everie the practises, Combynacons, Conspiracies, Consentinge or beinge pryvie to anye purpose or intente of murder Countenancynge of p[er]sons utlawed of fellonie, interceptinge of her ma[jesties] l[etters] of importe, discoverie of her ma[jesties] services and to all and everie the other misdemeanors in the said Bill of Complaynte Conteyned, materiall to be annsweared unto, and laide to this defendts Chardges and examynable in this honorable Courte, he this defendante ys not thereof nor of anye of them guyltie in suche maner and forme as in the said bill ys alledged And the said Willm Harris another of these defendts for him self severallie saythe That to all and everie the Ryotts Rowtes unlawfull assemblies unlawfull wearinge of Armoure or weapons Combynacons Conspiracies, and to all & everie the other misdemeanors in the saide byll of Complaynte Conteyned materiall to be annsweared unto and layde to this defendantes Chardge and examynable in this honorable Courte he this defendante ys not thereof nor of anye of them guyltie in suche maner and forme as in the said bill ys alledged And the said Willm Hutton the one of thiese defendts further saythe without that that he this defendante was acquaynted with anye purpose or resolucon to kyll anye of the Carletons as in the said bill untrewlie ys alledged: Or that this defendante promissed to mayke two men furnished with horse and weapons to attende the Landsergeante at the daie and place for anye suche purpose as in the said bill ys moste slannderouslie and untrewlie alledged; Or that the Landsergeant and the Bells practised by this defendantes advise to preferre indictementes of Ryott and fellonie againste the Complaynante and his freindes for the attemptes at Brampton at the Sessions holden next after Easter laste in Cumbrelande in anye suche maner as in the said bill ys untrewlie alledged, Or that this defendt did drawe the Indictementes and scholed the wytnesses as in the said bill ys moste Slanderouslie and untrewlie alledged: Also without that that this defendt had anye Conference w[i]th the said Edmond Dudley eyther at this defendts howse or at anye other place for the murdringe or kyllinge of the said Thomas Carleton as in the said bill ys moste Slanderouslie and untrewlie alledged. Or that the said Ornesbie and Bell the dagger mayker were at this defendts howse in Pearethe at such tyme as in the said Bill ys alledged to this defendts knowledge Or that this defendt did take proves furthe of this honorable Courte against the nowe Complte and others of his Freindes at this defendts owne chardge, without havinge anye instructions from the said John Musgrave as in the said Bill ys untrewlie alledged: And bothe these defendts further saie w[i]thout that that anye other matter or thinge in the said bill Conteyned materiall to be annsweared unto and laid to these defendts or eyther of theire Chardges and examynable in this honorable Courte and herein not suffycientlie Confessed and avoyded traversed or denyede is trewe All w[hi]ch matters these defendantes are redie to averr and prove as this honorable Courte shall awarde, And humblie praie to be dismyssed w[i]th theire reasonable chardges herebie wrongfullie susteyned/
H: Topham
