STAC 5/D22/29

Court of Star Chamber:

Rycharde Davesone of Grayes Inn v John Davyson, Roberte Lawson, Thomas Readhead, Thomas Bai..., Edward Marre, Owswen Fenwycke, Lyonell Fenwicke, Wyllm Fenwicke, Isabell Hedley, Gerrard Fenwicke, Wm Fenwicke of the Shild Mill & Wyllm Marre

Transcript: Dave King

Interrogatories:

Inter[ro]gatories to be ministred to Willm Fenwicke thelder & Thomas Readhead two of the defendts at the suite of Rychard Davesone Complt

[1] Imp[ri]mis whether doo you know the Complt & A close called & knowen by the name of Davesons close p[ar]cell of northfeild Land w[i]thin the Towne Corporate of Morpeth or Limittes thereof menconed in the bill or nott

2 Item howe Longe haithe the said Complt by him self his ferm[ors] & tenantes p[er]ceaved receaved & taken the yssues & p[ro]fittes therof to your knowledge, & whether haith he or his assignes ferm[ors] or tenantes payed the rentes therfore due & accustomed to the Cheef Lord of the Fee or his deputie yea or nott/.

3 Item whether doe you knowe or are you p[ri]vie that one Isabell Hedlye of Morpeth aforsaid widow did heretofore receive the rent for the said close called Davesons Close to & for thuse of the Cheef Lord of the Fee therof of the said Complt his tenentes or ferm[ors], & how many yeres did she so receive the same, & whether haith she refused it of Laite, for what Cause, or by whose meanes assent or p[ro]curem[en]t

4 Item what tytle or interest by wryting or p[ar]oll have you in & to the said Close called Davesons Close, & at what time & before whom was the same made & what rent do you paie or have agreed to paie for the same yerely, & whether was the same close in varyance before you had suche interest, or did the said Complt make Challeng[e] therunto before that tyme yea or nott/.

5 Item whether was not John Davyson brother unto the Complt menconed in the bill Lawfully seized in his demesne as of fee of & in the said close called Davesons Close, And that beinge so seized did Convey & assure the same unto the saide complt or not

6 Item whether was the said John Daveson by the verditt of A Jurie sworne & Impanelled for tryall of the said John Davesons tytle in & to the p[re]misses, found to be Lawfull heire to his father James Daveson of the same amongst other thinges yea or nott/.

7 Item whether did not you w[i]th others about the time in the bill menconed unlawfully assemble together at the said complts close called Davesons Close, & then & there w[i]th any such weapons as are menconed in the said bill did beate & assault the said John Daveson, or expulse him from the said close yea or no/.

8 Item whether also did not you Threaten to kill the saide Complt if he came upon the p[re]misses as in the said bill ys alledged/.

9 Item whether was there a warrant to theffect menconed in the Bill, dyrected to you & others the Riotors afore menconed from the L[ord] Warden to your knowledge or not/.

10 Item whether did not the other Riotors or any of them menconed in the bill by your meanes or p[ro]curem[en]t consent or p[ri]vetie repayre to the saide Close called Davesons close, & there unlawfully assemble them selves & comytt all or any the offences in the said bill mencioned, declare the p[ar]ticulers of your knowledge in this behalf/

11 Whether did not the saide Riotors w[i]th the people they broughte w[i]th them menconed in the bill Cary away some of the haye being in Cockes in the said Davesons Close, & some cast into the Ryver mencioned in the bill, if they did whether were you amongst others a p[ro]curer thereof or not or previe or consentinge therunto yea or no/

12 Item whether dyd not you or any by your meanes assent p[ro]curem[en]t or knowledge afterwardes putt certen horses & other Cattell into the said close called Davesons close w[hi]ch did depasture & eate up the grasse growing in the said close yea or nott if you did or was previe then about what tyme or tymes of the yeare to your remembrance/

13 Item whether doe you answere & mainteyne this suite against the said Complt of your owne p[ro]per Costes & charges, or some other of the Riotors in the bill menconed do assiste & maynteyne you or abbett you therein, or otherwyse have p[ro]mysed unto you so to doe & what be ther names/./

14 It[e]m Whether did you & Robte Lawson Esquire by your meanes meineteine, countenance aide or Assist the saide Riottors in [scored through: purchasinge Riotously ...] to gett the possession of the saide Close from the saide John Davyson to thuse of the said Thomas Readhead yea or no? Or by whose meanes and procurement & in what sorte Came he the said Readhead in possession of the same Close/

Deposition of William Fenwick the elder:

... c...pt xxvij Ap[ri]lis Ao dm R Eliz xxxj

Sup[er] Inter ... p[ar]te R... Davizon quer ministrat

Willm Fenwicke thelder of Blakeden in the c[ount]y of Northumberland gent sworne &c

To the fyrst he saith he doth knowe the complt in this cause and the close in varyance in the byll mentionyd but whether the same close is callyd and knowen by the name of Davesons close or not this deft doth not knowe

To the seconde he saith that he this deft doth not knowe whether the said complt hath by himselfe his fermors or Tenantes p[er]ceyved Receyvyd or taken the Rents issues and p[ro]fyttes of the said close or not nether doth this deft knowe whether the pl[aintiff] or his assignes fermers or tenantes have paid to the chief lorde of the fee or his deputie the Rent due and accustomyd to be paid or not for the said close or not

To the [iij] he saith he knoweth and is previe that Isabell Hedley namyd in the article dyd Receyve the Rent for the said close in varyannce for and to thuse of the chief lorde of fee therof But whether the said Isabell dyd Recyve the said Rent of the now complt or of any the said complts tenantes or fermors this def doth not knowe nor of whome by name she Recyvyd the said Rent But howe longe or how many yeres the said Isabell dyd R[ecyve] the said Rent or whether she hath [of] late Refusyd to Receyve the same this def doth not Re[mem]b[er]

To the [iiij] he saith that this deft hath not nor ev[er] had by writing or p[ar]oll any tyt[le] or interest in and to the said close so callyd Davesons close nether ... this deft paid or agreed to paye a[ny] Rent yerely for the said close//

To the v he saith he doth not knowe whether John Daveson brother to [the] named complt was at any tyme ... seysed in his demeasne as of fee of and in the said close [menconed] in the [bill] or not nor whether the said Jo[hn] dyd receyve and assure the said [close] to the said complt or not

To the vj he also saith he doth not knowe whether the aforesayd John Daveson by the verdycte of a J[ury] sworne and impanelyd for the Tryall of his the said John Davesons tytle in and to the said close was founde to be lawfull and next here to James Daveson his father and of the said close amongest other thinges or not

To the vij he saith he doth [?Rem[em]brethe?] this deft on a tyme Rydyng betwene his dwelling house of and Wetherington and then passyng by the close said to be callyd Davesons close that this deft dyd then see dyv[er]s p[er]sons of Morepith wherof some of them were in the s[aid] close and other some of them in the highe waye nere unto the same close and at that he doth Re[mem]b[er] those p[er]sons dyd makyng clayme to the said close make [?an entrie?] therunto and at that tyme this deft to his Re[mem]brance was weaponyd with a sworde and those of Morepith staves or suche like weapons but whether the assemble before menconed was aboute the tyme of the byll menconed or not he doth not knowe/ nether dyd this deft at any other tyme then or before menconed assemble with others at or in the said close but he doth well Re[mem]b[er] that this deft or any other dyd not at this deft b... ... the said close w[i]th suche weapo[ns] as are menconed in the byll or with other weapons beate or assaulte [the] said John Davyson or expulse him [from] the said close

To the [viij] he saith that this deft dyd not threaten to kill the said complt if he the said complt dyd come upon the said close or p[re]miss[es]

To the ix he saith that ther nev[er] w[as] to his knowledge any suche warrant as ys menconed in the byll dyrectyd to this deft and others from the lord Warden to this defts knowledge

To the x he saith that the supp[osyd] Ryotters in the byll menconed some or any of them dyd not by this defts meanes consent or p[ro]curement repa[ir] to the close before menconed and ther [as is] supposyd unlawfull assemble themselves or comitt all or any of the offences in the byll menconyd nev[er]thelesse he saith that this deft was [?p..v...?] dyd knowe when [?one Mylborne?] and dyv[er]s other being inhabitantes of Morepith dyd go and repair to the said close to make clayme and ... therunto and this is as muche as he doth knowe or say to the contents of the ... for any thing he nowe Remembreth.

To the xj he saith he doth not knowe but hath harde saye that the supposyd Ryoters or some other w[hi]ch were in the said close w[i]th them dyd take and carry away some haye that was in cockes in the same close and cast other some p[ar]te of the said Haye into the Ryver ther But this deft was not by himselfe or a mongest other any p[ro]curer of the doing of these or any of these actes nor before hande p[re]vie or consentynge to the doing therof

To the xij he saith that this deft or any by his meanes assent p[ro]curem[ent] or knowledge dyd not after the carrying away of the s[ai]d haye put certen or any horses or other cattell into the close before menconed [to] eate and consume the grasse ther growyng but he he hath harde sayd that ther was horses and other cattell put in the said close w[hi]ch dyd eate and consume the grasse ther ... ...ng but aboute what tyme or tymes of the yere the same was don or whose cattell the same or any of them were except Thos Reddhedde this deft doth not knowe

To the [xiij] he saith that this deft doth answer beare and maynteyne this defts owne charges in this sute and is not maynt[eyned] or assystyd or abettyd therin by any of the supposyd Ryotters and nether hath this def any p[ro]mise to have his charges born[e] or to be abettyd or maynteyned in this sute by any p[er]sone or p[ersons]

To the [xiiij] he saith that this deft and as he thinkethe the said m[r] Lawson dyd move the aforemenconyd Redhedde to be good to the wydowe [of] Thos Daveson touching the said close But this def or to his knowl[edge] the said Mr Lawson or any other [by] this defts meanes have not mayntey[ned] countenannc[yd] ...syd [aid]yd or assystyd the said supposyd Ryottors to gett the poss[ession] of the said close from the said John Daveson to the use of the aforenamyd Readhedde but the said Readhedde came to the posse[ssion] of the said close by meanes as this def thinketh the wydowe of the aforenamyd Thos Daveson and hir daughter one of them dyd make the said Readhedde a lease of the said close And otherwise by whose meanes p[ro]curement or in what sorte the said Readhedde came to the posse[ssion] of the said close this deft doth not knowe

William Fenwick

Deposition of Thomas Readhead:

... capt viij febr Ao dm R Eliz xxix

Sup Interr ex p[ar]te Ric[h]ard Davison quer ...strat

Thos Ryddehedde of Morpeth in the C[ounty] of Northumberland yeom[an] sworne &c

To the fyrst he saith he doth knowe the close in varyance and that the same lyeth as is menconed in the article but this deft doth not knowe the same by the name of Davisons close but by the name of thest myll close

To the seconde he saith he doth not knowe whether the said complt hath by himselfe his fermors or ten[an]ts p[er]ceyvyd recyvyd or taken the issues Rents and p[ro]fyttes of the said Close at any tyme or not nether doth he knowe of any rent the pl[aintiff] hath paid for the same to any p[er]son or p[er]sons

To the [iij] he saith he doth not knowe or is any way p[re]vie that the said Isabell Hadlye dyd at any tyme take or Receyve any Rent for the said close of the said complt or any his fermors [or] ten[an]ts and he also saith that he knoweth not whether She hath at [any] tyme made Refusall to take or Receyve any Rent for of the said complt or any his fermors or ten[an]ts for the sa[id] close or not

To the iiij he saith that the tytle and Interest w[hi]ch this deft hath to the said close supposyd by the pl[aintiff] to be callyd Davesons close is not by writing but by p[ar]oll worde/ and saith further that one Isabell Daveson being mother to the infant w[hi]ch hath tytle to the said close having appointyd Robt Lawson to lett and sett the said close he the said Lawson abote the last day of August last demise and lett the said close to the deft for a yere and so from yere to yere as ten[an]t at will for the yerely Rent of xiijs iijd And thinketh that the nowe complt dyd make clayme and p[ro]secute tytle to the said close before this deft dyd take the said close but otherwise whether the said close was in varyance before this defts said takyng thereof or not he doth not ...

To the v he saith he doth not knowe whether the said John Davison was sesyd of fee of the said close or not nor whether the said John dyd convey or assure the same to the nowe plt or not

To the vj he saith he doth not knowe or can say any thing to the contents of the article

To the vij he denieth all and ev[er]y p[ar]te of the contents of the article for his p[ar]te or of any in his [?p[re]sence?] or companye

To the [viij] he saith he dyd not at any tyme threaten to kyll the said complt if he the said complt dyd come upon the said close

To the ix he saith to his knowledge that was not any suche warr[ant] as is supposyd dyrectyd to this deft and others the supposyd Ryotors from the said Lorde p[re]sydent

To the x he saith that the supposyd Ryottors in the byll menconed or any of them dyd not by this defts meanes p[ro]curement consent or p[ri]vetie at any tyme repaire to the said close supposyd to be callyd Davysons close and there unlawfully assemble themselves and comitt all or any of the supposyd offenses in the byll menconed

To the xj he saith that this deft for his p[ar]te was not p[re]sent p[ar]tie p[re]vie consentyng nor usyd any p[ro]curement for the doing of any of the acte or actes menconed in the article

To the xij he confessyth that he dyd in Septemb[er] last cause Martyn Dodde or Willm Person this defts s[er]vants to put this defts oxen into the said close supposyd to be callyd Davisons close to the intent to eate up and depasture the grasse ther but there was no horses or other cattell sent into the said close by this deft[s] [meanes] assent or p[ro]curement

To the xiij he saith that this deft doth not answer and maynteyne this sute against the nowe complt at this defts owne charges For the aforesayd Isa[bell] Daveyson and Robt Lawson have p[ro]misyd to beare this deft coste and safe this deft harmeles against all p[er]sons touching the ... coste and ... of the ... said close/ For had they not promysd this deft so to do this deft wolde not have taken the said close at ther handes

Thomas Readhead