STAC 5/D19/15

Court of Star Chamber:

Josua Delavale v Randall Fenwick & Robert Wooddrington

Transcript: Dave King

Interrogatories to be ministered to Robert Wooddrington:

Interrogatoryes to be mynistred one the p[ar]te and behalf of Josua Delavale Complaynant against Robert Wooddrington defendant

[1] Imprimis were you prevy att or before or neare about the twentith day of Januarye laste paste that the plaintiffe togeather w[i]th Peter Delavale his brother and one Reynold Heron ment that day to travell from Seton Delavale to Newcastell if you dyd by whom or by what meanes came you to the knowledge thereof expresse your knowledge therein //

[2] Itm dyd not you the same twentith day of January after you had such notice of the plaintiff and his Companye were to travell to Newcastell, togeather w[i]th Randall Fenwyck Effrym Wooddrington Robert Dent and one [blank] Showe s[er]vannte unto the same Fenwyck or any of them or any others and how many and what be there names repeare neare the waye where you though[t] the plaintiffe and his Company would come and dyd you not devyde and sep[er]att your selves into sev[er]all Ambushes or hidden or prevye places if you dyd by whose meanes came you thether that daye and to what entent and purpose did you and your Company devyde your selves into sev[er]all companies and whatt weappon had you or any your Company and to whatt entent, dyd not the said Fenwyck the said Showe his s[er]vant to your knowledge or as you think knoweing and p[er]ceavinge the Complaynant and his Companye were comeinge towardes them in the high way forstall and Assalt the Complaynant and his brother and the said Heron then in the Complain[an]tes Companie or some or one of them if they dyd to whatt entent dyd they so forestall and Assalt them and by what warrant, had the said Fenwyck any lawfull warrant for arresting or apprehending the said Heron if he had who made the same And dyd not you and your Companye Come to that place to expect the comeing of the said Complaynant and his said Company expresse the trueth of your knowledge to ev[er]ye p[ar]te of this Interrogatory

3 Itm did not the said Fenwyck & his said servant or one and w[hi]ch of them after the same Assalt and after the said Heron was rydden Away from them come ryde spedely to you where you and your Companye laye in ambush or mete you by the way as you and your Company were comeinge to them to assiste beinge out of any trade way And dyd not you and your Companie after you so mett the said Fenwyck togeather with the said Fenwyck and others your company and which of them ryd after the Complaynant whom you thought was Riden towardes the howse of Robert Delavale esquier a Justice of the peace next adioyning if you dyd so for what purpose dyd you and your Company ryde after the Complain[an]te dyd not the said Fenwyck ride after the said Complaynante with his sword drawen in his hand and what weapons had you or any of you and by whose p[ro]curem[en]t had you the same And dyd not you or some and w[hi]ch of your Company att such tyme as you dyd overtake the said Complaynant assalt sett upon and evell intreat the Complaynant and with strong hand and force carry him back to Newcastell if you dyd by whose p[ro]curement and by whatt warrant was the same done and to what entent and purpose dyd you the same and what monie or other Rewardes had you or were you promised to have for doeng the same and by whom if none what moved you so to follow the said complaynant expresse the whole trueth of your knowledge to ev[er]ye p[ar]te of this Interrogatorye

4 Itm dyd not the said Fenwyck and others after you & they had so brought back the said Complaynant to Newcastell threaten to carry the Complaynant to his howse affirming that his howse should be his goale or words to thatt effect and dyd not the said Fenwyck and his said Company upon the Complaynantes refusall to goe to the said Fenwyckes howse againe assalt and evell intreat the said Complaynant and his brother yea or noe if he dyd werr [not] you or some of your s[er]vantes or your brother Effrym Wooddrington sent for againe after you dep[ar]ted from and were not you or they or some of them p[re]sent att the same newe Assalt if you or your s[er]vantes brother or other your friendes werr present att the same new assalt by whose meanes and p[ro]curement .... you to the saide Assalt and to whatt entent and purpose expresse [the truth of your] knowledge to ev[er]y p[ar]te of this Interrogatory // John [?Hele?]

Interrogatories to be ministered to Randall Fenwick:

Interrogator[ies] to be ministred one the p[ar]te & behalf of Josua Delavale Complt against Randall Fenwycke def[endant]

[1] Imprimis were you p[re]vy or did [you] knowe at or before or nere about the xxth day of January last p[ast] the pl[aintiff] togeather w[i]th Peter Delavale his brother and one Reynold Heron ment to travell from Seton D[elavale] to Newcastle if you did by whom or by what meanes came you to the knowledge therof expresse the [truth of] your knowledge here

[2] Itm did not you aft[er] [no]tice given that the pl[aintiff] his said brother and the said Heron would the said xxth day [of] January travell to Newcastle from Seton Delavale assemble to you Robt Wooddrington Effrayme W[ood]rington Robt Dent [blank] Showe your servant or any of them or any others and howe many and what [be] there names And did not you and the same p[er]sons devide your sealves into sev[er]all Companys or secrete Ambu[shes] or hidden or privie p[la]ces neere such places as you thought or suspected the pl[aintiff] and his Company would come if you did to w[ha]t intent did you so and the other p[er]sons so seperated your sealves did not you and t[he] said showe afterwardes [the] same day knoweinge or p[er]ceavinge the pl[aintiff] and his company were a Comeinge toward[es] you one the high way leadinge towardes Newcastle assault and forestall the Compl[ainan]t and his said Company .. woundinge or beatinge them yf you did by what warrante did you the same who mad[e] the same warrant and when whether ha[d] the same warrant any seale or not and whether are you a comone bayliffe knowne to serve any sheryffes p[ro]ce[ss] or to execute any warrante who appointed you to serve the same warrant and at whose suite was the s[am]e warrant p[ro]cured what weapon had you or your said s[er]vant at the tyme of the same assaulte and to [w]hat entent & purpose did you or your said servant carry the same weapons did not you att the tyme of the same assault & meetinge say and declare to this effecte that you had a warrant to arrest the body of the [sa]id Heron and did not the said Heron theruppon require to see the same warrant sayeinge words to this eff[ec]te that yf he had any lawfull warrant from the sheriffe to attach him he would yeld himsealf and g[o] w[i]th you if he did whither did you shewe him the same warrant or not yf no for what Cause did you [so] refuse to shewe your warrant and did not the pl[aintiff] and his brother offer to be bound to the sheriff in CCli that the said Heron should be fourth cominge and annswere any obiection w[hi]ch should be layd against him and did no[t] you refuse to take any such band for the said Herons fourth Cominge yea or noe and did not you and your s[er]vannt p[re]sently uppon such refusall drawe your swordes and daggers and thene and there assaulte sett uppon and [evi]ll intreat the pl[aintiff] his brother and the said Heron or some and w[hi]ch of them and did not you Cutt or breake [th]e said bridle of the said Herons horse if you did to what intent and purpose did you the same expresse the truth of your knowledge to every p[ar]te of this Interrogatory:

3 Itm did not [the] said Complt at the tyme of the same assaulte drawe his sword and steppe betwene you and the said Heron and require and intreate you in her ma[jesties] name to kepe her ma[jesties] peace w[i]thout offeringe to strike any blowe at ... if he did whether did you theruppon cease to assault the said Heron any farder or not and did not the pl[aintiff] theruppon put upp his sword into his sheath and take you gently by the armes and intreat you to forebeare and Comitt any farder assault or outrage if he did whether did you cease and forbeare the [sa]me your outrage and assaulte did not the said Heron theruppon for saifgard of his life hasten away from you and did not you theruppon assault and offer to stricke the Complt and his brother utteringe words to this ef[fe]cte that you would be revenged of them and what moved you so to doe expresse the truth of your knowledge to every p[ar]te of this Interrogatory

4 Itm did not you after the said Heron was ridden away upon the pl[aintiffs] horse mounte yoursealf uppon the said Herons ho[rs]e and hasten to the place where the said Dent Robte Wooddrington Effraym Wooddrington & thother p[er]sons [l]ay in ambush or to meet them as they were Cominge to assist you beinge out of any trade way if you did for what purpose did you ride to them and did you not after you soe mete them togeather w[i]th the said p[er]son[s] w[i]th swordes drawne and other weapon hasten after the Compl[ainan]t whom you thought and p[er]ceaved was ridden towardes the howse of one Robte Delavailes esquire a Justice of peace next adioyneing if you so did for what purpose did you so followe the pl[aintiff] & did not you and your Company when you had ov[er]taken the pl[aintiff] assault sett upon & evill intreate him & did not you also then and there w[i]th stronge hande and by force Carry backe the Complt to Newcastle if you did to what intent and purpose did you the same by what warrant or other outhoryty did you so Carry the pl[aintiff] backe and what weapons had you and ev[er]y of the other p[er]sons in your Company & to what entent & purpose did you and they so Carry the same weapons & by whose p[ro]curement expresse the truth of your knowledge [to every parte of this Interrogatory]

............... (a number of lines remain to be completed when the original is available) ...............

the pl[aintiff] behind his backe w[i]th his sword ........................................ had the said Compl[ainant] done & did not you in like mann[er] then & there strike the said Peter Delavale in the face w[i]th your fiste & were not you & the pl[aintiff] & his brother then & there seperated & p[ar]ted by the Inhabitantes of the said Towne & did not you after you were sep[er]ated throwe your dagger unto the pl[aintiff]s brother if you did what moved you & your said s[er]vant so to assault the said Compl[ainan]t & his brother and by whose p[ro]curem[en]t expresse the truth of your knowledge to every p[ar]te of this Interrogatory

[6] Itm did not you and your said Complices afterwardes the same xxth day of January after you were so sep[er]ated & p[ar]ted from the pl[aintiff] & his brother by the said Inhabitantes understandinge that the pl[aintiff] & his said brother were at the howse of one Grace Armorer in the said Towne goe or send unto the said Willm Selby your father in lawe beinge an Alderman & iustice of the peace w[i]thin the same Towne declareinge unto him the p[ro]cedinges touchinge the p[re]misses & did not theruppon the said Willm Selbye togeather w[i]th you Lyall Fenwicke your brother & the p[er]sons before named & w[i]th div[er]s other p[er]sons repaire to the said Grace Armorers howse where the pl[aintiff] & his brother were in peaceable mann[er] & did not the said Wi[llm] Selby cast of his gowne as he was goeinge towardes the said Grace Armorers howse & goe into the howse of one Henry Gillis a Cutler for some weapon utteringe thes or the like wordes in effecte my p... shalbe sene as well as the rest & did not you the said Selby & your other Complices findinge the dore of the said Grace Armorere shutt comannde the said Grace to open her dores w[hi]ch denyinge did threaten attempt to breake downe the same dores & did not the said Selby for that purpose then & there send for axes if yea to what entent & purpose did you & the said Selby goe about to Cut downe or breake ... downe the same dores what weapon had you & your Company then & there & for what purpose who were there of your Company & whether meant you the said Selby & your said Complices to Cut downe & breake open the same dore if you & your said adherentes had not byne rescued & w[i]tholden from doeinge the same by the Maior and Inhabitantes of the same Towne & did not you & your said Company besett the howse round about untill the Maior & Inhabitantes came to reforme your outrage & did not you & your said Complices attempt the breakinge downe of the same dores to thentent to Comite some farder outrage uppon the said Compl[ainan]t & his said brother or to what intent & purpose did you & they the same expresse the whole truth of y[our] knowledge to ev[er]y p[ar]te of this Interr[ogatory]

[7] Itm were not you or some & w[hi]ch of your Company bound to the peace by the said Maiore of the same Towne for your or there misdemeanors & outrages Comitted against the Compl[ainan]t & his said brother or for what cause were they so bound to annswere there said offences expresse the truth of your knowledge to every p[ar]te of this Interrogatory/ John Hele

Depositions of Robert Wooddrington:

Sup Interr ex p[ar]te Josua Delavale quer ....

..ij May ... Eliz

Robt Wooddrington of Plessey in the Co[unt]y of Northumb[er]land gent sworne &c

To the fyrst Interrogatory he saith that at before or nere aboute the xxth day of January last he this def[endan]t was not made p[re]vie that the nowe pl[aintiff] together with Peter Delavale his brother and Reynolde Heron dyd mynde or .... on that daye to travayle fr[om] Seaton menconed in the a..... to Newcastell

To the seconde Interrogatory he saith as he hath saide before and that he this def[endan]t had not any suche notyce that the s[ai]d pl[aintiff] and his company were travelyng together towardes Newecastell nether dyd this def[endan]t together w[i]th Randall Fenwycke Effrym Fenwycke(sic) Robt Dent and Showe or any of them or any other repaire nere to the waye where it was thought the pl[aintiff] & his company wolde come nether dyd he this def[endan]t or to his knowledge the s[ai]d other p[er]sons devyde or sep[er]ate them selves or any ambusshes or hy[dden] or p[ri]vie plases but saith [this] def[endant] Effrym Wooddrington [and] Dent being ridyng in the company of others [to] a place c[alled] Walker More nere Newe[castell] to a horse runnyng ther/ .... Randall Fenwycke haveyng .... or p[er]sons in his company dyd ..... def[endant] upon the highe waye and then saying to this d[efendant] he had arrestyd Raynolde Heron [by] vertue of a warrant from the ..... and that Josua Dalaveyle and [Peter] Dalaveyle had rescued the s[ai]d He[ron] from and had dryven away [his] horses dyd desyer and also in h[er Majesties] name require this def[endant] to aide [and] to rescue his horses and also .... ... for saide he they are not .. my[les] .. us and ... ... ... ov[er]take th[em] whereupon this def[endant] Robt Dent & E[ffrym] Wooddryngton havyng no other ther company dyd presently [ride] with the s[ai]d Randall Fenwycke in the highe waye that leadyth towardes the howse of of Robt Delavale esquire and havyng with intent to ov[er] take the said Heron and the Dalavyles ridden with him nere aboute the .... of a myle and the s[ai]d Mr Fen[wycke] his horse then faylyng him he [the] s[ai]d Mr Fenwicke and this def[endant] [did] change horses and thereby he the [said] Mr Fenwicke dyd ryde away on this def[endants] horse havyng onely Effrym Woodryngton in his company and this def[endant] and the aforesayd Dent dyd then followe a more softer pace after them and this def[endant] havyng then rydden about the distance of a quarter of a myle dyd see and fynde in a shrubby .... close nere the highe waye syde the horses whiche had byn before taken awaye by Heron and the Dalavyles from Mr Fenwyck and his man and so founde these horses this def[endant]t dyd cause Mr Fenwicke his man in the byll namyd Showe to take those horses and to carrye them w[i]th this def[endant] and Dent towardes the s[ai]d Mr Fenwicke who was gonne rydyng before in the highe waye beforementioned for and to the intent beforementioned and this def[endant]t and the s[ai]d Dent and Mr Fenwickes man havyng then rydden .... quarter of a myle or more in the same waye the foresayd Mr Fenwicke and Effrym Woodrington havyng in ther company Josua Dalavyle dyd mete w[i]th this def[endant] Dent and Mr Fenwyckes man on the highe waye and at that metyng the s[ai]d Mr Fenwicke sayde that he had brought the s[ai]d Josua backe ..... and ..... carry him before the shirif to answer his courte touching the rescue of Heron and that Heron was escapyd and the ..... this def[endant] and Dent dyd ride with them towardes Newecastell and .... .... .... .... dyd ... to the place ..... horse running .... same by that daye and Mr Fenwicke and E[ffrym] Woodryngton and Josua Dela[vale] ..... then kepe on ther waye and so rode unto the Towne of New[castle] and at the tyme b... this def[endant] had to his defence a .... and dagger Dent a sworde [Mr] Fenwycke a rapier and dagger Mr Fenwicke his man a shorte [sworde] Effrym Woodryngton a sworde [and] he thinketh Delavale a sworde saith that ther was not any other devyng into companyes then is before menconed nor any other thing .... ....dyd to this def[endants] knowledge other then is also before sett d[own] and saith further that this def[endant] d[oth not] know nor can thinke whether the s[ai]d Mr Fe[nwyck] and his s[er]vant p[er]cyvyng [or] knowyng that the pl[aintiff] and his [company] were rydyng towardes them on the [highe] waye dyd forestall and assault [the] comp[lainant] and his brother ... ... ..... some or any of them and touching whether the s[ai]d Mr Fenwicke [had] a warrant to arrest the s[ai]d He[ron] he this def[endant] saith that he doth [not] of his owne knowledge knowe whether the s[ai]d Mr Fenwycke had any such warrant or not but that he this deft did here the s[ai]d Mr Fenwicke say that he had warrant from the sherif to arrest the s[ai]d Heron and also harde the Sherif saye that he had geven furthe this warrant for the arresting of the s[ai]d Heron But this def[endant] or to his knowledge any of his s[ai]d companye dyd not then come to any place to expecte the comyng of the pl[aintiff] and his the s[ai]d compl[ainants] company

To the iij he saith that this def[endant] or to his knowledge or any other p[er]son or p[er]sons dyd not at the tyme supposyd lye in Ambusshe but after the supposyd assaulte and also after Heron his dep[ar]ture he the s[ai]d Mr Fenwicke havyng his nakyd rapier or sworde in his hande being accompanye[d] onely w[i]th Effrym Woodryngton and Josua Dalavyle did come rydyng [?spedely?] towardes this deft and dyd then mete with this deft Dent and his the s[ai]d Mr Fenwicke his s[er]vant as they were going a rydyng to seke the s[ai]d Mr Fenwycke but ... then to assiste him otherwise then aforesaid nether went .. oute of any trade waye that they were then ryding but in a ... and salt waye and saith that this def[endant] & the s[ai]d Mr Fenwicke to his knowledge ..... dyd .... any other sorte then afores[ai]d followe or ryde after the nowe pl[aintiff] ... he was rydden towardes the house of Robt Delavale ..... of the .../ But what the purpose .... the s[ai]d Mr Fenwycke dyd [ryde] after the s[ai]d compl[ainant] except .... towching the rescuing of Heron [and] dryvyng away of his the s[ai]d Mr Fenwickes horses he this deft doth not know and this deft dyd then also .... suche sorte is afores[ai]d ryde after [the] s[ai]d compl[ainant] and Heron by .... and ... p[ro]curement and also to the intent bef[ore] menconed and the aforesayd Mr Fe[nwycke] dyd then ryde after the pl[aintiff] & Heron havyng his nakyd rapyer or sworde in his hande and .... this defts weapon he saith as he hath said before and that he w[as] not p[ro]curyd to have any weapon [at] that tyme and saith further that this def[endant] or to his knowledge any other dyd not at the tyme supposyd [assault] sett upon or evyll intreat the s[ai]d compl[ainant] and w[i]th strong hande and force carry him backe agane [to] Newe Castell but the s[ai]d compl[ainant] as is before sett downe being come into this def[endants] companye together w[i]th the s[ai]d Mr Fenwicke and Effrym Woodryngton he the s[ai]d pl[aintiff] did quietly ryde with them the s[ai]d Mr Fenwicke & Effrym Woodryngton to the towne of Newe Castell and at that tyme this def[endant] as is also before sett downe dyd ryde nere to the s[ai]d towne w[i]th them and so to the place where the horse runnyng sholde have byn on that daye But this def[endant] had not nor was was pro[mi]syd any money or other rewarde for his doings or dealyng at that tyme but dyd followe the s[ai]d compl[ainant] by suche means and upon suche occas[io]n as is before sett downe and more then he hath said before he cannot depose to the c.... of the a.....

To the iiij he saith he doth not knowe know or can depose any thing to the ..... of the ..... any p[ar]te therof otherwise then doth denie all and ev[er]y suche p[ar]te of the c.... of the a..... as doth seme therby to towche or censure this def[endant]

Robert Wodrington

Depositions of Randall Fenwick:

Randall Fenwicke of the Towne and C[ount]y of Newecastell marchant sworne &c

To the fyrst Interrogatory he saith that before or neare aboute the xxth [daye] of Januarye menconed in the ....... he this def[endant] dyd not knowe or w[as not in] any waye before hande previe that the nowe pl[aintiff] together [with] Peter Delavyle and Reynolde Heron ment to travile from Seton [?menconed?] ..tlie [to] Newcastell/ But this def[endant] on the s[ai]d xxth daye of Januarye trav[yled] from Newcastell towardes Litle Benton [to] a ferme this def[endant] hath ther in his owne company dyd in the highe waye .... places mete w[i]th the s[ai]d compl[ainant] Peter Dal[avyle] and Reynold Hearon and this def[endant] haveing a warrant aboute hym w[hi]ch was dyrectyd [to] this def[endant] from the sherif of that Shere to arr[est] and apprehende the s[ai]d Heron this def[endant] did then and ther being on horse backe quietly arrest him the s[ai]d Heron by vertue of the s[ai]d warrant he the s[ai]d Heron then being also on horsebacke

To the seconde Interrogatory he sa[ith] as he hath saide before and that he this deft had not any f[ormer] notyce geven him that the nowe pl[aintiff] and Peter Delavyle and Reyno[ld] [H]eron wolde or dyd mynde to travyle .... Newe Castell on the s[ai]d xxth day of Januarye but saith that at the tyme that this def[endant] dyd in forme aforesaid arrest the aforesayd Heron at the place before menconed he this def[endant] had not any p[er]son or p[er]sons [in] this def[endants] companye but Percyvall [Maut]lande then this def[endants] s[er]vant/ and this def[endant] havyng then ther so arrestyd the same Heron he the s[ai]d Heron did presently alight from his horse havyng a pistoll and sworde and imedyatly drawne furth his pistoll and bende the same against this def[endant] and this def[endant] then fearing that he the s[ai]d Heron wolde discharge his pistoll upon this def[endant] he this def[endant] did also alight and drawe this def[endants] rapier and dagger as the s[ai]d Heron seing this def[endant] having his rapier and dagger drawen dyd put up his pistoll and presently drawe his sworde and dagger and Imedyatly the nowe pl[aintiff] and Peter Delavyle being also alightyd and having ther swordes .... rapyer drawen did come & steppe betwene this def[endant] and the s[ai]d Heron and dyd then kepe the s[ai]d Heron from strikyng at this def[endant] or this def[endant] at the s[ai]d Heron and the pl[aintiff] or Peter Dalavyle then kepyng this def[endant] from the s[ai]d Heron one of them dyd sett the s[ai]d Heron on one of ther horses and that done he the s[ai]d Heron dyd ryde his waye from this def[endant] and the said two Dalavyles besydes dyd then also ryde or go awaye w[i]th the s[ai]d Heron and dyd dryve away w[i]th them this def[endants] and this def[endants] mans horses and the s[ai]d Herons horse being then left behynde this def[endant] dyd take the s[ai]d horse and ride on him towardes Newecastell to seke and gett and so followe after the aforesayd Heron and this def[endant] then comyng nere to Newecastell and metyng on the highe waye Robt Woodryngton Effrym Woodryngton & Robt Dent being then going towardes Walker More to a horse running this def[endant] dyd saie to the s[ai]d Robt Woodryngton Effrym Woodryngton and Dent that this def[endant] going towardes Litle Benton had on the highe way arrestyd Heron and that the Dalavy[les] had rescued him the s[ai]d Heron from this def[endant] and had besydes taken and dryven awaye w[i]th them this def[endants] & this defts mans horses and that th[is] def[endant] for his safe garde and to gett and helpe him arreste Heron presently had taken the s[ai]d Heron his horse ... dyd desyre and also in hir ma[jesties] name require them them to [aide] this def[endant] to gett againe his said p[er]sons ...... they the s[ai]d Robt Woodryngton [Effr]ym Woodryngton and Dent dyd .... ther horses and presently ryde w[ith] this def[endant] havyng no mo[re] and that p[er]sons [in] ther companye to seke the s[ai]d Heron and this def[endant] and the s[ai]d p[er]sons dyd [then] ryde towardes Greate Benton for supposyng that the s[ai]d Heron and the Dalavyles were rydden that waye and they dyd so ryde after them to the intent to app[re]hende and take againe the s[ai]d Heron/ & this def[endant] & Effrym Woodryngton being then better horsyd then the s[ai]d Robt Woodryngton and Dent dyd oute ryde them by the space of a thre quarters of a myle or theraboutes and this def[endant] and the s[ai]d Effrym being then somewhat beyonde Greate Benton dyd o[ver]take Josua Dalavyle unto whome this def[endant] then saide Cozen Dalavyle you have by this daye in rescuing of Heron from me that w[hi]ch I .. s..yd for and from that saide this def[endant] I do not knowe howe nere or in what sorte the same maye towcheth or censure my self and Mr Sherif whome I dyd leave at Newecastell I praye go thither ... ... to him for the discharge of my selfe and also for your discharge wherupon the s[ai]d Josua being .. .... so to do dyd returne backe w[i]th this def[endant] and Effrym Woodryn[gton] and on that suche returne they dyd on the highe waye ab[ou]te thre quarters of a myle from Greate Benton againe mete with the aforesayd Robt Woodrington Robt Dent Percyvale Matlande and one or two of the s[er]vantes of Robt Woodryngton whose names he this def[endant] doth not knowe/ and they beinge so mett together dyd then ryde all together on the s[ai]d higheway about the distance of halfe a myle towardes Newecastell and being come not then lesse then a qua[rter] of a myle of the towne of Newe[castell] the aforesayd Robt Woodryngton Robt Dent and the s[ai]d Mr Robt Woodryngto[ns] s[er]vantes dyd ryde to Walker More to the horse running/ and this def[endant] Effrym Woodryngton and th.... the aforesayd Josua Dalavyle dyd the[n] ryde unto the towne of Newecast[ell] and presently after that being come unto the s[ai]d towne the aforsayd Effrym Woodryngton dyd leave the companye of this def[endant] and Josua Dalavyle/ [and] this def[endant] at the request of the s[ai]d Josua dyd then go with him the s[ai]d Josua to the s[ai]d Josua his Inne in the said towne and otherwise or in any other sorte then is before menconed this def[endant] dyd not assemble to hym selfe Robt Wood[ryngton] Effrym Woodryngton Robt Dent Showe this def[endants] s[aid] s[er]vant or any of them or any other p[er]son or p[er]sons ..... dyd this def[endant] and the s[ai]d p[er]sons some or any of them or any other p[er]son or p[er]sons at the tyme supposyd in any other sorte then aforesaid d[e]vyde themselves into sev[er]all companyes or secrett ambusshes hydden or p[re]vie places nere such place where it was thought or supposyd the nowe pl[aintiff] and his companye wolde of came nether dyd this def[endant] and the s[ai]d Showe or ether of them the s[ai]d daye beforehande knowe that the pl[aintiff] and his companye were comyng towardes this def[endant] in the highe waye leadyng towardes Newecastell nether dyd this def[endant] and the s[ai]d Showe or ether of them assault or forestall the pl[aintiff] and his companye in the highe waye nor dyd wounde or beate them or any of them but this def[endant] and the aforenamed Matlannde havyng no one or other p[er]sons in ther company dyd as he hath before sett downe mete w[i]th the pl[aintiff] & Peter Dalavyle and Heron in the highe waye at the place afores[ai]d and at that tyme this def[endant] as is also before sett downe dyd arrest the s[ai]d Heron by vertue of a warrant to this def[endant] dyrectyd fr[om] the Sherif of the C[ount]y of Northumb[er]land upon a writt of capias ut legat[um]/ and the s[ai]d warrant was written to this def[endants] [?r..bose?] by one Swanne the Sherifes clerke on the xxth day of January before menconed and the s[ai]d warrant was subscribyd unto by the highe Shirif himselfe but ther was not any seale therat/ and saith that he this def[endant] is not common baylie known to serve Shirifes p[ro]ces or execute warrantes/ nev[er]thelesse he saith that it was by the appointment Mr highe Shirif himselfe that this def[endant] was appointyd to serve the sayd warrant aforesaid and the s[ai]d Mr Sherif dyd then tell this def[endant] at whose sute the same was [but] this def[endant] hath nowe forgotten the same nor doth remember at whose sute the said warrant was procuryd/ [he] saith also that at the tyme of the arrest [or] supposyd assaulte he this def[endant] had onely a rapier and dagger and Mat[lande] his man a sworde and dagger But .. was not to any ..... purpose t[his] def[endant] and his s[ai]d s[er]vant then had and dyd carry these weapons otherwise then they carrye the same as they us[ed] ...anely to do/ and he this def[endant] also sayd that he this deft dyd at metying with the s[ai]d Heron and the said Dalavyles and supposyd assaulte [say] to the s[ai]d Heron that he this def[endant] had a warrant to arrest the bodye [of] him the s[ai]d Heron and this def[endant] dyd then besydes saye to [him] I arrest you by vertue of this my warrant [and] therupon he the s[ai]d Heron dyd requ[es]t [to] see and reade the s[ai]d warrant wherunto this def[endant] saying I will my selfe reade the same to you or delyv[er] it to any of your brothers here to reade the same to you but sayde this def[endant] I will not delyv[er] the same to you for feare lest you sholde teare and rende the same for saide this def[endant] the same is for my discharge/ and this def[endant] at that tyme besydes dyd openly holde and showe furthe the s[ai]d warrant to him the s[ai]d Heron and also to the two Dalavyles/ but the s[ai]d Heron dyd not then say to this def[endant] that he wolde yeald himselfe ... up unto this def[endant], yf this def[endant] have a lawfull warrant to arrest him the s[ai]d Heron ... any ...... to have effecte other then aforesaid nether dyd this def[endant] make refusall to showe his warrant but he dyd then from the cases before sett downe refuse to delyv[er] his warrant to the s[ai]d Heron/ and saith further that to this def[endants] knowledge the nowe pl[aintiff] and his brother dyd not then offer to be bounde to the Sherif in CCli that the s[ai]d Heron shall be furthe comyng and answer any obiections that shall be laide to him the s[ai]d Heron nether dyd this def[endant] refuse to take any suche bonde for the s[ai]d Heron his furthe comyng/ nether dyd this def[endant] and his man or ether of them in any other sorte or upon any other occasion then is before sett downe drawe his [or] ther swordes and daggers nor dyd assa[ult] sett upon or evyll intreate the nowe pl[aintiff] and his brother and the s[ai]d Heron some or any of then otherwise or in any other sorte then is also before sett downe and he also saith that this def[endant] dyd not then cutt or break the bridle of the s[ai]d Heron his horse/ and the matters before sett downe are this def[endants] full knowledge to all and ev[er]y p[ar]te of the c...tes of the a.....

To the iij Interrogatory he saith as he hath said before and that the nowe comp[lainant] at the tyme of the supposyd assault dyd as afores[ai]d drawe his sworde and steppe betweene this deft and the s[ai]d Heron and then saide gett ye ho.... you shall not have him [and] the s[ai]d compl[ainant] then making showe to be in redynes to strike at th[is defendant] cast thrustes on this def[endant] to kepe this def[endant] from the s[ai]d Heron but the said compl[ainant] dyd not then require nor intreate this def[endant] in hir Ma[jesties] name to kepe her highnes peace but the pl[aintiff] offryng and .... to strike cast thrustes on this def[endant] he this def[endant] dyd will and .. the pl[aintiff] to kepe hir highnes peace and in the tyme the pl[aintiff] was so casty[ng] thrusts at this def[endant] to kepe this def[endant] f[rom] Heron he the s[ai]d Heron gott to horse backe and presently ride his waye and doth thinke that Peter Dalavyle dyd then sett the s[ai]d Heron on horse backe and this def[endant] seing the s[ai]d Heron and Peter Dalavyle ryde that waye dyd put up this def[endants] sworde and take the aforsayd Heron his horse after to ryde on after them after they the s[ai]d Heron Peter Dalavyle and the nowe pl[aintiff] had carryd awaye this def[endants] and this def[endants] mans horses and saith also that this def[endant] had put up this def[endants] sworde before the s[ai]d pl[aintiff] dyd then put up his sworde/ and that the pl[aintiff] dyd not in gentyll sorte or otherwise then take this def[endant] by the arme nor intreate this def[endant] to forebeare any supposyd further assaulte or supposyd oute raige/ And saith that the s[ai]d Heron dyd not for the saife garde of his life hasten awaye from this def[endant] but he the said Heron to rescue himselfe from the s[ai]d arrest dyd hasten himselfe from this def[endant] in suche sorte as is before sett downe/ and saith that this def[endant] dyd not then assaulte or offer to strike the pl[aintiff] or his brother Peter Dalavyle nor dyd saye he wolde be revengyd on them or ether of them/ and the matters before sett downe are the truth of his knowledge to all and ev[er]y p[ar]te of the c..tes of the a.....

To the iiij Interrogatory he saith as he hath saide before and that the s[ai]d Heron being ridden awaye upon the pl[aintiffs] horse or Henry Dalavyles horse and this def[endants] and his mans horses dryven aw[ay] as is also before sett downe he [this] def[endant] dyd mount himselfe on the s[ai]d He[ron] his horse and then hasten towardes Newecastell to gett and to seke aft[er] the s[ai]d Heron wherupon this def[endant] as is before sett downe dyd on the highe [waye] nere Newecastell mete w[i]th the s[ai]d Robt Woodryngton Robt Dent Effrym Woodryngton & others being rydyng or going towardes the horse running beforemenconed/ and saith that before the then seing and metyng of the [said] p[er]sons at the place he this def[endant] [did] not knowe understande thinke or supp[ose] that he sholde ther or elswhere mete with them or .... any other p[er]son or p[er]sons nether were they or any of them oute of the tradewaye [nor] comyng to assyst this def[endant] nor dyd lie in any suche ambusshe as is supposyd nether dyd this def[endant] ryde to them or any of them from or upon any purpose then is before sett downe and saith further that this def[endant] as is before sett downe havyng mete the s[ai]d Robt Woodryngton Robt Dent and Effrym Woodryngton they together with this def[endant] dyd as is also before sett downe ryde with this def[endant] towardes Greate Benton the same being on the waye towardes Robt Dalavyles howse with intent to ov[er]take the aforesayd Heron whome this def[endant] dyd suppose to be rydden that waye and to app[re]hende and bring him the s[ai]d Heron backe againe to Newecastell to the Shirif to answer his escape from this def[endant] and at the tyme this def[endant] dyd so hasten after the s[ai]d Heron he this def[endant] had this defts nakyd rapier in his hande havyng lost the scabarde therof/ and Effrym Woodryngton a shorte sworde but Robt Woodryngton or Robt Dent then had not any weapon aboute them or other of them to this def[endants] knowledge nether had the s[ai]d Effrym Woodryngton then his sworde drawen in his hande and saith further that he this def[endant] and the p[er]sons aforesayd or any of them dyd not then hasten [after] the nowe pl[aintiff] but after the s[ai]d Heron and in the tyme this def[endant] and Effrym Woodryngton dyd as afores[ai]d hasten after the s[ai]d Heron they dyd ov[er]take the nowe pl[aintiff] at the place afores[ai]d but they or ether of them dyd not then assaulte sett upon or evyll entreate him the s[ai]d comp[lainant] otherwise or in any other sorte then is also before sett downe nether dyd this def[endant] or any other p[erson] or p[er]sons then with force by stronge hand carrye back again the s[ai]d comp[lainant] to Newecastell but the s[ai]d comp[lainant] after this def[endant] had and th.. from being some where beyonnde Greate Benton dyd as is before sett downe willingly of his selfe upon this def[endants] request resume and ryde backe againe with this def[endant] and p[er]sons before[?named?] in suche ..ly sorte as afores[ai]d to the towne of Ne[we]castell/ and saith that it was not by any warrant or auctorite that this def[endant] dyd so carrye backe ag[ain] the s[ai]d comp[lainant] to Newecastell but th[at] he [dyd] carrye the s[ai]d comp[lainant] backe ag[aine] w[i]th the s[ai]d comp[lainants] owne willing con[sent] to have him answer the Shirif touch[ing] the escape and rescuing of Heron from this def[endant] for the discharge of the Shi[rif] and also for this def[endants] dyscharge and that was the onely entent and purpose whie this def[endant] dyd so carry backe the s[ai]d comp[lainant] and at that tyme th[is] def[endant] had his nakyd rapier in his hande by meanes he had lost the [scabarde] therof hastening after Heron and the afore[said] Effrym Woodryngton then had a sworde and dagger but not drawen and what weapon Robt Dent or Robt Woodryngton then had he this def[endant] doth not knowe but to his thinkyng no weapon at all nether was it by the p[ro]curem[en]t of any p[er]son or p[er]sons that this def[endant] and the s[ai]d p[er]sons some or any of them then had weapon nether was .. to any entente or purpose that they dyd carrye the same other then afores[ai]d and .... .... before sett downe and the truth of his knowledge to all and ev[er]y p[ar]te of the c..tes of the a.....

To the v Interrogatory he saith that after he had broughte the pl[aintiff] backe to Newecastell he this def[endant] dyd not threaten him the s[ai]d comp[lainant] to carrye him the said comp[lainant] to this def[endants] owne howse as a p[ri]son[er] nor dyd saye to him that this def[endants] howse shall be his jaile untyll this def[endant] dyd knowe the Shirif his plesyure but this def[endant] dyd saye to the pl[aintiff] after he was come to Newecastell you shall go with me Cozen Dalavyle to my howse where I dyd leave Mr Sherif And as he being not ther we will go to Mr Selbyes his house my father in lawes where we shall fynde him But this def[endant] then had not any warrant to carrye the s[ai]d compl[ainant] nor so to kepe him but dyd the same thinkyng he might lawfully do the same for that the pl[aintiff] was one of those that rescued the aforsayd Heron fr[om] this def[endant]/ and that he dyd then think ... to carry the s[ai]d compl[ainant] before Mr Shirif for the s[ai]d Mr Shirif and this def[endants] discharge to answer [?when so as might?] be lim[ited] to the charges concerning the s[ai]d escape and saith further that th[is] def[endant] or any p[er]son or p[er]sons in his co[mpany] dyd not in the towne of Newecastell sett up[on] assault and evyll intrea[te] the nowe pl[aintiff] in the s[ai]d Towne [in] the case menconed in the assaulte or fraye th... but the pla[intiff] in the towne of Newecastell refusyng to go w[i]th this def[endant] before Mr Sherif .. .... to ... ..... to this def[endant] to go w[i]th this def[endant] before him he this [defendant] takying the s[ai]d comp[lainant] by the arme .. Sleve sayde to him Cozen Dalavyle come go with me or otherwise I [must] praye the aide of the Quenes majesty and meane to have you before Mr Sh[erif] for this def[endants] disscharge and the said c[omplainant] then drawyng his sworde upon this def[endant] refusyng to go w[i]th this def[endant] he this def[endant] w[i]th lowde voise dyd crie and call for aide but this def[endant] dyd not then saye I charge you in hir ma[jesties] name kepe the fellon or any wordes to that effecte/ and towching Showe he this def[endant] saith that he hath not nor then had any s[er]vant callyd and knowen by that name nor doth knowe that any s[er]vant of this def[endants] dyd at the tyme supposyd offer to strike with a sworde the pl[aintiff] behynde his backe nether doth this def[endant] knowe of any felony theft or robbery done by the s[ai]d compl[ainant] nor dyd then and ther strike Peter Dalavyle menconed in the a.... w[i]th this def[endants] fist in the face but the pl[aintiff] and his brother and others then assaultyng this def[endant] they and this def[endant] were sep[ar]atyd and p[ar]tyd by the Inhabitantes of the s[ai]d towne and after this def[endant] was sep[ar]atyd from Peter Dalavle this def[endant] dyd throwe a dagger at the s[ai]d Peter the nowe pl[aintiff] [?or some others being?] then assaultyng and strikyng at this def[endant] and saith further that this def[endant] and his s[er]vant dyd not then assaulte the pl[aintiff] and his brother but dyd defende themselves being assualtyd by the pl[aintiff] and his brother and others and the matters before sett downe are the truth of his knowledge to all and ev[er]y p[ar]te of the c...tes of the a......

To the vj Interrogatory he saith that this [defendant] or to his knowledge any other p[er]sons or [persons] dyd not on the s[ai]d xxth day of Jan[uary] after he was sep[er]atyd from the pl[aintiff] and his brother as is before sett downe thinkyng the pl[aintiff] and his brot[her] were in the house menconed in the a.... [go] or sende to Willm Selbye ..... .... a.... declare to him the p[ro]cedyngs touching the p[re]misses but the s[ai]d Mr Selbye being as this def[endant] .... [?take?] by this def[endants] [?wife?] p[ro]ven and stande that this def[endant] was very s[ore] hurte dyd havyng ... .... .. company r[esort] and come to the house of the s[ai]d Gr[ace] Armerrer and the pl[aintiff] [and] his brother then being in the s[ai]d house and the door of the s[ai]d house kept shutt so then he the s[ai]d Sel[bye] being then one of Her Ma[jesties] Justices dyd require to have the [door] openyd to him and the pl[aintiff] and his b[rother] brought furthe to him and to that .... might examine them touching the [hurt] of this def[endant] and the s[ai]d [?thre?] then were in the s[ai]d house refusyng to open the dores therof or that the s[ai]d compl[ainant] or his brother sholde come furthe to the s[ai]d Mr Selbye he the s[ai]d Mr Selbye dyd in peacyable manner staye at and aboute the said howse untyll the then comyng thither of Mr Mayor of the s[ai]d towne and shortly after Lyall Fenwicke and after him Mr Mayor of the said towne and some others dyd come to the s[ai]d howse but whether the aforesayd Mr Selbye dyd in his repayre to the s[ai]d Armorer his house cast or laye away his gowne or go into Gilles howse menconed in the a.... or that or elswhere nether the .... ..lyd ... in the a.... or any suche like he this def[endant] doth not knowe nor doth knowe or understande that the s[ai]d Mr Selbye or any other dyd threaten or attempt to breake downe any of the dores of the s[ai]d Armorers howse nor doth knowe of any axe the s[ai]d Selbye dyd sende .. for the purpose and saith further that at the tyme supposyd then was at the s[ai]d house w[i]th the s[ai]d Mr Mayor & Mr Selbye Lyall Fenwicke this def[endant] Effrym Woodryngton Percyvall Mautlande and dyv[er]s and many other p[er]sons any whose names or whatsoever were of them he doth not knowe nor [what] weapon this def[endant] or any of them then had ther but that Motlande this def[endants] s[er]vant then had this def[endants] raipyer which he doth use[d] to beare ...ly and saith that this [defendant] and the s[ai]d Mr Selbye or any other dyd not then go aboute to c[utt] or breake open any of the dores of the s[ai]d howse nor were ref[used] or w[i]thholden from any suche attempt [by] the Mayor and Inhabitantes of the s[ai]d towne nor that dyd this def[endant] or to his knowledge any other besett the said house round aboute nether dyd this def[endant] or to his knowledge [any] on that daye attempt to breake downe any of the dores of the s[ai]d howse and doth all and ev[er]ye p[ar]te of the rest of the c...tes of the a.... sa.. p[ar]te or to his knowledge from any other and the matters before sett downe are his full and holl knowledge [of] all and ev[er]y p[ar]te of the c...tes of the a.....

To the vij Interrogatory he saith that this def[endant] Effrym Woodryngton Ly[all] Fenwycke Josua Dalavyle and Peter Dalavyle were then a.... then by the Mayor of the s[ai]d towne bounde to preserve hir highnes peace within the liberties of the s[aid] towne and more or otherwise he cannot depose to the c...tes of a.....

Randall Fenwick