STAC 5/D9/8

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

Bill of Complaint:

[date tbc: 29 Eliz]

To the Quenes most excellent Ma[jestie]

In moste humble wise Complayninge ... shewth unto your moste excellent Ma[jestie] your highnes Faithfull & obedient Subiecte Rycharde Davesone of Grayes Inn Laine in the Countie of Middx yeoman That wher one John [Da]vesone of the Boroughe Towne of Morpethe in the Countye of Northumberland Brother unto your saide Subiecte was Lawfully Seized in his demesne as of fee of and in one dwellinge howse and Close of Land commonly called & knowen by the name of Davesons Close w[i]th the Appurtenances p[ar]cell of Northfeld Land Lyinge and beinge w[i]thin the towne corpor.... of Morpeth and the limittes thereof aforesaide and the saide John Daveson so beinge of the premisses w[i]th the appurtenances of suche an estate Lawfully seized as aforesaide abowt seven yeres now last past dyd Lawfully Convey & assure the same unto your saide Subiecte and to his heires to the use of hym your saide Subiecte and his heires and maide Leverye therof unto your said Subiecte accordinglye w[i]thall and singular the Charters Evydences deedes Skroles Bondes mynem[en]tes and wrytinges concerninge the said p[re]misses, By force whereof your Ma[jesties] said Subiecte is a[nd] of Righte oughte to be thereof Lawfully seized accordinglie and the Issues & p[ro]fittes thereof cominge arysinge and growinge your saide Subiecte by him selfe & his fermor and tenantes for the space of these seven yeres have peaceablie and quy[et]lie w[i]thowt the ..tt or incombrannce of anie mann[er] of p[er]son or p[er]sons p[er]ceived received and taken to his and there p[ro]per use and comoditie aswell & lawfull was for him & them so to doe untill of Late viz about the xijth daie of maie now last paste and at div[er]s other times before and a[ft]er one John Davyson maison Roberte Lawson gentleman Thomas Readhead Thomas Bates Edward Marr and Owswen Fenwycke Lyonell Fenwycke Wyllm Fenwycke Gerard Fenwicke Willm Fenwicke of the shild myll and Wyllm Marre by the p[ro]curement & setting on of the said John Daveson maison Robert Lawson Thomas Readhead Thomas Baites Isabell He..ley and Edwarde Marre dyd unlawfully assemble them selves together at & upon your said subiectes Close called Davesons Close as aforesaide in moste Ryotous and Warlicke manner beinge Armed and Arrayed w[i]th Swordes daggers dagges Gunnes Callevers pistolls Speres Lances pitchforkes and dyv[er]s other warlicke weapons aswell invasive as defensive and beinge then & there so assembled Armes and Arrayed as afforesaide the saide Owswen Fenwycke Lyonell Fenwicke Willm Fenwicke Gerrard Fenwicke Wm Fenwicke of the shild mill Wyllm Marre and div[er]s others to the number of fortie p[er]son[s] or therabowtes to your subiecte yet unknowen abowte the day aforesaide by the p[ro]curem[en]t & settinge on of the said John Daveson maison Robert Lawson Thomas Readhead Thomas Baites and Edward Marre in most ryotous & warlicke manner being Armed and Arrayed w[i]th there said unlawfull weapons as aforesaid at your said Subiectes close called Davesons Close before mencyoned did not onelye w[i]th there saide weapons in most Ryotous mann[er] assaulte & beate the saide John Daveson Brother unto your said Subiecte before mencyoned beinge in your said Subiectes close called Davesons Close, and unlawfully & Ryotouslie did expell him from the said close being now fermor therof unto your saide Subiecte But also in Like Ryotous and unlawfull mann[er] then & there the said Ryotous p[er]sons before mencyoned by the p[ro]curem[en]t & setting on of the said John Daveson maison Robert Lawson Thomas Readhead Thomas Baites Isabell Hedley & Edward Marre as aforesaide did in very unlawfull & Ryotous mann[er] being Armed and Weaponed as aforesaid put & dryve into the saide close of your said subiecte called Davesons Close at suche time as the fayre was at Morpeth aforesaid and .. such time also as the grasse growing in the said close called Davesons Close was redy to be mowed as well dyvers & sundrie there owne horses as the horses of suche p[er]sons as came to the said fayre into the saide close of your saide Subiecte called Davesons Close aforesaide and then & there w[i]th ther said horses did eate and spoyle all the grasse of your said Subiecte growinge in the said close called Davesons Close as aforesaide, And the saide Ryotors by the p[ro]curem[en]t aforesaide havinge not onelye thus Ryotouslye beaten the saide John Daveson your said Subiectes Brother & ... fermor of the premisses and threatened to kill your saide Subiecte if he came upon the premisses, and put into the said close the saide horses to depasture eate & spoyle the grasse then & there growinge, but also to the great terrorr and fe.. of dyvers your highnes Subiectes thereabowtes in mann[er] of battayle Arrayed like men at warre redy prest to battayle dyd marche and muster abowte & in the saide close of your saide Subiectes called Davesons Close w[i]th there saide Gonnes & weapons as before mencyoned, so muche as the peop[l]e theraboutes durst not goe about to resiste the same there Riotous owtrages ... and unlawfull attemptes whereupon the saide John Daveson Brother unto your saide Subiecte Repayred to Sir John Forster of Alnwicke in the countie of Northumberland knighte Lorde Warden of the Middle Marches and highe steward of Morpeth aforesaide and homblie desyred the saide Lord Warden to grannt his warrant to be dyrected to the saide Owswen Fenwycke and Lyonell Fenwicke and thother Ryotors aforenamed to Comannde the saide Ryotors before mencyoned to desiste from ther unlawfull enterpryses, w[hi]ch saide Lorde Warden havinge due consideracon of the wronges offered unto the saide John Daveson your saide Subiectes brother and fermor of the p[re]misses and of the owtragious and Ryotous dealinge of the said Ryotors dyd accordinge .... ..is the saide John Davesons homble desier dyrecte his warrant to the said Owswen Fenwycke and Lyonell Fenwycke and the other Ryotors before mencyoned shewinge them by the saide warrante That for asmuche as he the said Lord Warden was enformed that the said Owswen and Lyonell Fenwicke and thother Riotors before mencyoned had Ryoutouslye and wrongfully entred upon the said close called Davesons Close in the tenure & occupacon of the saide John Daveson, And for asmuch also as it was ordered by the Ju[sti]ces of assise in those p[ar]tes that who so ev[er] was in possession of anie tenem[en]t by the space of three yeares shoulde not be molested or troubled untill it were Recov[er]ed & taken from him by due order & course of her Ma[jesties] Lawes And for asmuche [al]so as the sa[ide] John Daveson shewed a verd[ic]t of an inqueste passed w[i]th him therein, he the said Lorde Warden therefore by his saide warrante willed and comannded theme the saide Owswen Fenwicke Lyonell Fenwycke and all other the Riotors afore mencyoned w[ho] unlawfully assembled theme selves and Ryotously entered as is // aforesaide uppon the saide close called Davesons close. That they should quyetlie and peaceably p[er]mitt and suffer the saide John Daveson to occupye the same w[i]thowt anie Lettes or molestacons ... else that they shoulde be before him the said Lord Warden w[i]thin nyen daies after at Alnwicke for Answeringe thereof as at there p[er]oll they wolde Answere the contrarie, as in & by the saide warrant under the said Lorde Wardens hand redy to be s[h]ewed to [your] ma[jestie] more at Lardge dothe and maie App[e]are, Notw[i]thstandinge w[hi]ch said warrant so directed to theme the said Riotors before mencyoned So it is further if it maie please your ma[jestie] that the saide Owswen Fenwicke Lyonell Fenwicke Willm Fenwicke Gerrard Fenwicke Wm Fenwicke of the Shild Mill Wyllm Marr and div[er]s others as yet unknow[en] to your saide Subiecte not Regardinge your ma[jesties] Lawes and Statutes nor the aforesaid warrant of the saide Lord Warden to them dyrected did w[i]th divers others as yet unknowen abowte Lammes daie Last by the like p[rocur]em[en]t of the saide John Daveson maison Robert Lawson Thomas Baites Edward Marr Thomas Readhead & others the Riotous p[er]sons aforesaid unlawfully assemble them selves together at the aforesaid close of your saide Subiecte called Davesons Close, and then & there being aga[in]e ar[m]ed and arrayed in mann[er] & forme as before mencyoned did Rioutously and unlawfully bring into the said close called Davesons Close a multytude of people p[ro]vyded of purpose w[i]th Sheetes & such other Like thinges to Carrye awaie the saide haie then & there beinge, w[hi]ch multitude of people were Ryoutouslie Garded by the saide Riotors w[i]thall manner their warlicke weapons and beinge thus Ryotouslie brought & garded to the said close called Davesons Close did Ryotouslie and very unlawfully in there saide sheetes taike and Carye awaie out of your saide Subiectes close called Davesons Close aforesaid asmuche of the haie as they founde then & there in Cockes as they Coulde, and the rest w[hi]ch they Could not Carye awaie the foresaid [Rio]tors very unlawfully & Ryoutouslye w[i]th ther said weapons did Caste into A Ryver nere adioyninge to the said Close called Wainsepecke Ryver. And having thus Ryoutouslie Caryed awaie asmuche of the said haie as they Could and the Rest ...ed & Throwen into the Ryver The said Thomas Readheade shortlye afterwardes assone as the grasse was againe growen in the said close not holding hym self satisfied w[i]th the former Iniuries offered unto your said Subiecte did put in abowte .... horses & other Cattell into the saide Close of your [said] subiect Called Davesons Close, & did w[i]th the same Cattell depasture eate & spoile all the grasse of your said Subiectes growinge in the said close of your said Subiecte called Davesons Close to your .............. Losse and hinderance, In consideracon whereof And for asmuche as Riottes Rowtes unlawfull assemblies and other the misdemeanors aforesaid are merelye repugnante to your ma[jesties] Lawes and Statutes un suche caises made & p[ro]vyded and would also ....ine boldnes to others of like bad disposicon in those [par]tes to commit the like offences if the same should passe unpunished in thoffenders maie yt therefore pleas your ma[jestie] to grannte to your saide Subiecte your highnes most graciouse writt of Subpena to be directed to the said John Davyson maison Roberte Lawson gentleman Thomas Readhead Thomas Bai[tes] Edward Marre Owswen Fenwycke Lyonell Fenwicke Wyllm Fenwicke Isabell Hedly Gerrard Fenwicke Wm Fenwicke of the Shild Mill and Wyllm Marre Comanndinge them and everie of them therebye p[er]sonallye to Appere before your ma[jestie] and Counsell in your highnes highe Corte of Starr Chamber Then & there to Answere the p[re]mis[ses] And to stand to suche Order therein as to your ma[jestie] and Counsell shalbe thought meete, And your said Subiecte shall daylye praie for your ma[jestie] Longe to Raigne over us

Answer of Thomas Bates

xvij May Ao Re Eliz xxix Marshe

The Answere of Thomas Bates gent one of the defendts To the bill of Complt of Richarde Davesonne Complt

The saide defendt saith that the saide Bill of Complt ys very uncertayne untrue slannderous & insufficient in the lawe to be answered unto for div[er]se very manisce & apparante matters & Causes therein Conteyned (as this defendt by his Councell ys informed) thadvantage of thinsufficiency whereof unto this defendt at all tymes hereafter saved For answere & playne declaracon of the truth Concerninge somuche of of the Contentes of the said bill of Complt as in any wise doe touche or Concerne this defendt, saith That as to all riottes routes unlawfull assemblies & p[ro]curem[en]t of the same & all other the p[re]tended & surmised misdemeanors in the saide bill of Complt supposed determynable in this honorable Courte & wherew[i]th this defendt by the same bill ys Charged, That he this defendt ys not of the same guyltie in such sorte mann[er] & forme as in the said bill of Complt most slannderously & untruly is p[re]tended & surmised All w[hi]ch matters this defendt ys ready to averre & prove as this honorable Courte shall awarde, And prayeth to be dismissed out of the same w[i]th his resonable Costes & Charges by him wrongefully susteyned conc[er]ninge this sute/

Ja: Savile ... 1587

Answer of Thomas Readhead

... Febr .. .. Re Eliz xxix Marshe

The answere of Thomas Readheade one of the defendts to the slannderous bill of Complt of Richarde Daveson Complt/

The said defendt saith that the said bill of Complt ys very uncertayne untrue slannderous & insufficyent in the lawe to be answered unto for div[er]se very manifest & apparannte matters & Causes theren Conteyned and devised framed & ymagined by the said Complt beinge a very troublesome p[er]son and geven to vexacon of intente and purpose by p[ro]ces out of this honorable Courte against this defendt & against diverse other poore men dwellinge about two hundreth myles distante from the Citty of Westm[inster] to compell and inforce them thereby rather to compounde & yelde unto him the said plt in an un.... accon then to travell soe farre & answere such his frivolous & fayned sute to theire greate charges as the said Complt in his said bill of Complt hath w[i]thout any Cause geven him by this defendt sett downe & conteyned wherof this defendt well hopeth this honorable Courte will have Consideracon, And the said matters in the said bill of Complt conteyned yf the same were true as for the most p[ar]te thereof the same are untrue, yet the same matters are determynable & aptly to be harde & determyned before the quenes Ma[jesties] Councell established in the Northe p[ar]tes w[i]thin the p[re]cycnte of whose comission the said landes & tenem[ents] in the bill menconed doe lye about w[hi]ch the said p[re]tended misdemeanors in the bill mencioned are surmysed, rather then in this honorable Courte as this defendt thinketh whereunto this defendt most humblie prayeth he maye be remytted w[i]th his resonable costes & charges by him wrongfully susteyned concerninge this sute neverthelesse if this defendt shalbe by thorder of this honorable Courte Compelled to make in the same Courte any other or further answere to the said bill of Complt then & not otherwise this defendt for full answere to somuch of the contentes of the said bill of Complt as in any wise doe concerne this defendt saith That as to all ryottes rowtes unlawfull assemblies & all other the p[re]tended misdemenors in the said bill of Complt conteyned wherew[i]th this defendt ys therein charged that he this defendt ys not of the same guyltie in suche sorte mann[er] and forme as in the said bill of Complt ys most untruly p[re]tended & surmysed, And for further answere & more playne manifestinge of the truth concerninge the Contentes of the said bill of Complt, this defendt saith that one Thomas Daveson elder brother of the said Complt was lawfully seised in his demesne as of Fee of in and upon the said close in the bill menconed w[i]th thapp[ur]tenances & did houlde the same in socage w[hi]ch said close ys and alwayes hath ben commonly called & knowen by the name of the Easte mill close, & not by the name of Davesons close only as the said Complt in his said bill of Complt supposeth And the said Thomas Daveson soe beinge thereof seised did upon or about the seventh day of Aprill in the yere of our Lorde God one thousand fyve hundred seventy fyve make his last will and testam[en]t in writinge wrytten in his lyfe tyme, And by the same amongest other thinges did geve and bequeth the said close in the bill menconed by the name of the East mill close to James Daveson his sonne and his heires lawfully of his body begotten & in such defaulte then the said Thomas Daveson did will geve & devise the said Close amongeste other thinges unto Isable his daughter and her heires of her body lawfully beggotten for ev[er] w[i]th Remaynder over, as by the same laste will & testam[en]t more at large yt doth & may appeare after w[hi]ch the saide Thomas Daveson havinge soe made his last will and testam[en]t aforesaide dyed about the same tyme by vertue wherof the saide James Daveson was of the saide close lawfully seised in his demesne as of Fee tayle w[i]th the Remaynder ov[er] unto Isable his sister as aforesaid, And the said James Daveson soe beinge therof seised, dyed thereof soe seysed w[i]thout any yssue of his bodye lawfully begotten aboute [blank] last paste By and after whose decease the said Close remayned & came amongest other thinges as of right the same ought to remayne & come unto the said Isable Daveson as sister & nexte in remaynder to the said James Daveson, w[hi]ch said Isable is yet an Ynfante and under thage of xxjtie yeres & remayninge in the tuycon of [blank] Daveson widdowe late wife of the said Thomas daveson & mother of the saide Isable under whom and by whose appointem[en]t dyrection and p[er]mission he this defendt doth occupie and hath ever since the last daie of the moneth of Auguste last paste quiettly occupied the said close for a yerely rente by this defendt to be yelded to the said Isable Daveson or to her use, And the yssues and p[ro]fittes therupon arysinge cominge and renewinge hath likewise ev[er] sythence (struckthrough: the said p[re]tended ryott supposed to be done) peaceably p[er]ceaved and taken to his owne p[ro]per use by the appointem[en]t & p[er]mission aforesaid as well and lawfully he verely thinketh he might and maye doe w[i]thout that that the said John Daveson in the bill named was lawfully seised in his demesne as of Fee of and in the said house & close in the bill menconed called Davisons close Or that the said John Davison soe beinge thereof seised the tyme in the bill menconed did and lawfully Coulde convey and assure the same unto the said Complt & his heires as in the said bill of Complt ys surmysed Or that by force therof the said Complt was Ys or of right ought to be of the said close and p[re]misses lawfully seised accordingly Or the yssues and p[ro]fittes thereof by the space of seven yeres hath lawfully and quietly p[er]ceaved and taken to his owne use in mann[er] and forme as in the said bill of Complt ys surmysed And w[i]thout that that this defendt and the said other defendts in the bill named the tyme in the bill alleadged unlawfully assembled them selves togeather at and upon the said p[re]tended close ca[lled] Davesons close in the bill menconed in most ryotous and warlike mann[er] and beinge weaponed w[i]th such weapons as in the bill ys supposed Or did ryotously assaulte the said John Daveson brother of [the] said Complt in the bill named Or unlawfully and Ryotously expulsed the said John Davison from the said Close in mann[er] and forme as in the said Bill of Complt ys very slannderously and untru[ly] alleaged, Or that this defendt in like ryotous mann[er] togeather w[i]th the said other p[er]sons in the bill named did procure any the p[er]sons in the bill named in very unlawfull mann[er] to putt and dryve [in] the said close the tymes in the bill menconed div[er]se and sondry horses Or that then and there by this defendts meanes the same horses did most unlawfully eate & spoyle all the grasse growinge in the [said] close as in the said bill of Complt ys p[re]tended and untruly alleaged Or that and the said p[er]sons in the bill named by the p[ro]curem[en]t in the bill especyfied unlawfully threatened to kill the said Complt [yf] he Came upon the said p[re]misses, Or unlawfully did m[ar]che and muster about and in the said Close w[i]th theire gunnes and other weapons in mann[er] of battayle araye as in the said bill of Complt [ys] also p[re]tended & surmysed Or that therupon the said John Daveson in the bill named (to this defendts knowledge) repayred to the said Sir John Forster knighte lorde Warden in the bill named [for] a warrante to be dyrected to the said p[er]sons in the bill named Comanndinge them to desiste from theire said Supposed unlawfull enterprises Or that therupon the said Lorde Warden did lawfully ................... warrante to this defendt & others in the bill named p[ur]portinge any suche effecte as in the said bill of Complt ys p[re]tended Or that there was any suche order made by the ..... of assises that whosoev[er] was in possession of any tenem[en]ts by the space of three yeres shoulde not be molested or troubled untill yt were recov[er]ed from him by due Course of lawe Or .... there were any such order that this defendt hath in any respecte broken the same, Or that yt is materiall and true whether the said John Davison then also shewed a verdicte of an inqueste passed w[i]th him therein or noe, Or that the saide Lorde Warden by his said warrante willed & Comannded the said p[er]sons in the bill named quietly to p[er]mitte and suffer the said John Daveson to occupie the same w[i]thoute molestacon, Or else that they should appeare before him at Alnewicke for the answeringe thereof w[i]thin nyne dayes after in mann[er] & forme as in the said bill of Complt ys p[re]tended and surmised, And w[i]thout that that any the p[er]sons in the bill named by the p[ro]curem[en]t of this defendt unlawfully did assemble themselves togeather at the saide close aforesaide and then & theare did riotously bringe into the same close a multytude of people provided of purpose w[i]th sheetes and such like thinges to cary awaye the haye then and theare beinge Or that the said nomber of people beinge soe ryotously garded by the said p[er]sons in the bill named w[i]th all mann[er] theire warlicke weapons did very ryotously & unlawfully in theire said sheetes take & cary away out of the said Complts p[re]tended close as muche of the said haye as they founde then and there in Cockes as they Coulde Or that the reste thereof w[hi]ch the coulde not Cary they the said p[er]sons in the bill named by this defendts p[ro]curem[en]t did spoyle & cast into a river neare adioyninge to the same close as in the said bill of Complt ys surmysed Or that this .............................................. was growen agayne in the said close did unlawfully putt in aboute fortie horses & other Cattle into the said Close & therw[i]th did wrongfully depasture eate and spoyle all the said Complts grasse growinge in the said close as in the said bill of Complt ys p[re]tended and surmised Or that any ryottes rowtes unlawfull assemblies and misdemeanors in the bill p[re]tended and supposed to be done by this defendt or by his p[ro]curem[en]t are mearely repugnante to any her Ma[jesties] lawes and statutes or doe geve an Imboldnes to others in those p[ar]ties to comitte the like offences in mann[er] and forme as in the said bill of Complt ys p[re]tended & slannderously surmised And w[i]thout that that any other matter or thinge alleaged in the said bill of Complt matteriall or effectuall in the lawe to be answered unto and herein before not sufficyently confessed and avoyded trav[er]sed or denied ys true all w[hi]ch matters this defendt ys ready to averre & prove as this honorable Courte shall awarde & prayeth to be dismissed out of the same w[i]th his resonable costes and Charges by him wrongefully susteyned

Ja: Savile ... 1586

Replication of Richard Davison

The Replicacon of Richard Davison Complyn[a]nt to the Answere of Thomas Readhed deft

The said Complt by protestacon not Confessinge nor acknowldgeinge anie materiall thinge menconed in the said defendantes answere to be true in manner and forme as in the same answere is alleadged and set forthe saiethe That the same answere is incerteine and insufficient in the Lawe to be replied unto Nevertheles thadvantadge and Beniffit of excepcon to the incerteintie and insufficiencie of the same answere to this .. Plaint nowe and at all tymes hereafter saved For Replicacon the said Complt doeth and will averre: mayneteyne iustefie and prove all and every matter & thinge in his said Bill conteyned to be true in suche sorte manner and forme as therein is more at large alleadged And further saieth in all thinges as he before in his said Bill hath said withoute that anie matter or thinge menconed in the said answere materiall or effectuall to be Replied unto is true. All which matters this Repliant is readie to averr and prove as this honorable Courte shall accord; And humblye praieth as in his said Bill he hathe prayed./