STAC 5/D42/6

Court of Star Chamber:

Josua Delavale v Randall Fenwicke, Robart Woodrington & Willm Selbye

Transcript: Dave King

Replication:

The replicacon [of] Josua Delavale Compleynante to the severall answeres of Robart Woodrington Willm Selbye and Randall Fenwicke Defendantes

The saide Compleynante saith That his bill of Compleynte exhebited into this honnorable Co[ur]t against the saide defendantes is verye Certeine and sufficient and that the saide answres of the saide Defendantes ar incerteine and insufficient in the lawe to be replied unto nevertheles thadvantage, and benefit of ex[cepton] to all and everye the incerteineties imp[er]feccons and insufficiencies of the saide severall answres and everye of them to this Reply...t nowe and at all tymes hereafter saved By protestacon not Confessinge or acknowledginge anie matter or thinge menteoned in the said answeres or anie of them to be true in such sorte manner and forme as in the saide answres is alledged / For Replicacon the said Compleynant Doth avarre menteyne ins..ie and will prove all and everye matter and thinge menconed in his saide bill of Compleynt to be good and true in such sorte manner and forme as in the same bill is alledged / And in all thinges saith as in his said bill he hath saide / w[i]thout that that Willm Fenwicke Esquier named in the answre of the saide Randall Fenwicke beinge Shereffe of Northumbrelande had proces against Reynolde Heron menconed in the saide bill of Compleynte and accordingelye that he the saide Sheriffe made his warrant under his hand and accordinge to the Corsse of the Lawe for the app[re]hension of the saide herone, and that after that the saide Randall hade resaved the saide warrant and havinge w[i]th him the same warrant ..... to him the saide Heron that he the saide Randall Fenwicke had a warrant from the Sheriffe of the saide Countie of Northumberland and that by vertue of the saide warrant he did areast the saide Reynolde Heron houldinge the same warrant in his hand and offeringe to the saide Heron that he the said Heron might reade it in the handes of the saide Randall Fenwicke / Or that upon anie such wordes used by the saide Randall Fenwicke unto the saide Heron he the saide Heron presentlye unmounted and came of from his horse backe and drawe out his sworde and houldinge it in one of his handes and [?havinge?] a pistall in the other hand charged w[i]th a bollett and so in outragious order would not obaye the said arrest but redye to discharge his saide pistall in the bosome of the saide Randall Fenwicke in manner and forme as the said defend[an]t Randall Fenwicke in the saide answrre hath untrulie alledged and w[i]thout that that the saide Randall Fenwicke upon the occacon menconed in his saide Answere and in his owne Defence Drewe his ... Rooper and dagger Or that the saide Compleyn[an]t and Peter Delavale named in the saide answere of the said Randall Fenwicke in most unlawefull order and w[i]th theire swordes drawne rescued the saide Reynold Heron from the saide Randall in manner and forme as the said Randall in his said answre hath untrulie aledged And w[i]thout that that the horse of the saide Randall Fenwicke was hurte and taken awaye by this Compleyn[a]nt Or by his brother Peter Delavale Or that he this Compleyn[a]nte or his saide brother did [?multiplie?] or geve word of threttes unto the saide Randall Fenwicke / Or that the saide Randall Fenwicke was forced to take the horse of the said Renolde Heron for safetye of the life of the said Randall in manner and forme as the said Randall in his saide answre hath untrulie aledged and w[i]thout that he this Compleyn[an]te and the saide Peter Delavale his brother and others w[i]th them in Newecastele and at the tyme menconed in the answre of the saide Randall Fenwicke like Desperate associates growinge in outragious termes w[i]th the said Randall Fenwicke in most Desperate sorte w[i]th present vyolence fell upon the saide Randall and his manne that w[i]th theire assalt, and continuall beatinge they had almost ....ed them of there lives if spedie remodie had not come w[i]th the saide Willm Selbye one other of the saide defend[an]tes And by the prepare of the mayor of the towne of Newecastle in manner and forme as the saide Randall Fenwicke in his said Answre hath untrulie aledged And w[i]thout that that anie other matter or thinge menconed in the answres of the saide defend[an]tes or anie of them matteriall or effectuall to be replied unto by this Repliant, and not in this his answere sufficyently Confessed and avoyded travarsed or denied is true All w[hi]ch matters this Repliant is Readye to avarre and prove as this honorable Cort shall award And most humbly prayeth as in his saide bill he hath praied ./././