STAC 5/E13/21

Court of Star Chamber:

Mark Erington v William Shaftoe, Benjamyn Wotherington, Rafe Wotherington, Jerrard Shaftoe, John Errington, Thomas Foster, Quynten Foster, John Lawson, Willm Lawson, Edward Charleton, Jasper Gofton, Willm Aynesley, Thomas Aynslye, John Musgrave, John Armestronge, George Shaftoe, John Shaftoe, Willm Shaftoe, John Litle, Luke Bedenell, George Fenwicke, Robert Heron, Reynold Shaftoe, Willm Robson, Thomas Lawson, Alexander Heron, Reynold Wilson, John Shaftoe, James Shaftoe, Henry Wotherington, Ephraim Wotherington, Richard Reade, Hughe Gofton, Archbald Hidley, John Bewick, Davy Anderson

Transcript: Dave King

Bill of Complaint:

To the Queenes moste excellente Maiestie our moste dreade and Soveraigne Ladye

Humblie complaynynge sheweth unto your moste excellente Ma[jestie] your true and faithfull Subiecte Mark Errington of Ponteland in your heighnes countie of Northumb[er]land gentleman, That whereas the said Marke for and by all the space of theis eighte yeres nowe laste paste hath bene lawfullie and peaceablie seised in his demesne as of Fee of and in certen groundes called Crawley and Elande grene in the p[ar]ishe of Ponteland aforesaid and of and in one wyndie mylne in Crawlye aforesaid in the said Countie of Northunb[er]land whereunto one Richard Reade of Lumley Castell in the Countie Palatine of Durham yeoman did and dothe pretend tytle And so beinge seized and the said Richard Reade pretending title as aforesaid the said Richard Reade in or aboute the monneth of Aprill laste paste in the Seaven and Thertythe yeare of your maiesties moste happie Raigne for advanncement of his pretendid tytle aforesaid and for mainetenance to be hadd therein, did at the Towne of Newcastell upon Tyne and at divers other places unlawfullie consulte and confederate w[i]th one Willm Shaftoe of Babington in the said Countie of Northumb[er]land gent and John Lawson of Chaldcotes in the same Countie gent .... knowen and detected to have committed or beene privie to the Comittinge of sondrie greate and hainous outrages and misdemeanors And Henrie Wotherington of Greate Swinborn in the said Countie esquier Gerrard Shaftoe of Hawick in the saide Countie gent; Jasper Gofton of Ponteland aforesaid in the said Countie of Northumb[er]land yeoman, Edward Chorleton of Prestwick in the same Countie yeoman and Anthonie Morpeth of the Towne of Newcastell upon Tyne aforesaid draper, how and by what meanes they the said Richard Reade Willm Shaftoe John Lawson Henrie Wotherington Jasper Gofon, Edward Charleton, Gerrard Shaftoe and Anthonie Morpeth might compasse and gett and obteine the possession and proffitts of the said grounds and wyndymille to themselves to holde in and under the said pretendid title and to expell and remove your Subiecte from the same In which consultacon and confederacie yt was then and there concluded and agreed betwene the said Richard Reade Willm Shaftoe Henry Wotherington Gerrard Shaftoe Jasper Gofton Edward Charleton John Lawson and Anthonie Morpethe that the said Willm Shafto and John Lawson should assemble unto themselves at Ponteland aforesaide a multitude and greate nomber of menne armed in warlike manner and shoulde arme themselves in like sorte and after that they were so armed and assembled and being so armed and assembled they shoulde devide themselves in severall troupes or companies and some of the said Companies should lie in Ambushe neere to the said grounds and mylne, and some others should goe from Ponteland aforesaid to the said groundes and mylne, and from thence should violentlie expell and remove your Subiecte w[i]th force, and if they should fynde your Subiecte or anie of his servanntes or anie to his use uppon the said groundes or in the said mylne, refusing to departe from of and out of the same, That then they shoulde and woulde w[i]th force and stronge hande and by assaulte and batterie drive and expell him and them and everie of them from and out of the possession of the said groundes and mylne and the parties and complices that so shoulde lie in troupes and ambushe shoulde be readey to backe garde ayde and assiste such of the said p[er]sons as so shoulde goe to the said grouonde and mylnes for executing the said purpose and unlawfull entente; And it was also agreed at the said tyme of the said Consultacon and confederacie betwene the said Richard Reade Willm Shaftoe John Lawson Henry Wotherington, Gerrard Shaftoe, Jasper Gofton, Edward Charleton, and Anthonie Morpethe That That the same Willm Shaftoe and John Lawson or thone of them for the effectinge of the same pupose (if they or thone of them coulde bringe to passe and gett the possession from your Subiecte) shoulde have and take the proffites to theire or thone of theire owne use of the said groundes and mylne for in certen tyme of fower yeres or thereaboutes, After which said consultacon Confederacie and agreement, the said Willm Shaftoe & John Lawson in execucon and [?effectinge?] of the said consultacon Confederacie [and agreement] did uppon the Seaventh daie of May in the said Seaven and Thertyth yeare of your Maiesties Raigne at Ponteland aforesaid unlawfullie assemble themselves and divers other persons to them and w[i]th them That is to saie Beniamyn Wotherington of greate Swynborn in the said countie of Northumberland gent, Raffe Wotherington of the same gent, John Errington of Bothall in the said Countie gent Thomas Foster of Carrawe of the Countie aforesaid gent Quinton Foster of the same gent Willm Lawson of Hexham in the same County gent, Jasper Gofton of Ponteland yoman, Willm Aynsley of Shaftoe in the Countie aforesaid gent John Musgrave of Captheton gent John Armestronge of Captheton aforesaid in the said Countie yoman, George Shaftoe of Edlingham in the same Countie gent John Shaftoe of Karsley in the Countie aforesaid gent, Willm Shaftoe of Thowrington John Litle of Babington in the same Countie yeomen, Luke Bednell of Alnewick in the same Countie gent George Fenwick of the same in the same Countie gent, Robert Heron of the same yoman Reynold Shaftoe of Thowrington Willm Robson of the same and Countie aforesaid yoman, Thomas Hewson of Captheton aforesaid gent Alexander Heron of Riplington gent Reynold Wilson of Thowrington yoman John Shaftoe of Prestwick in the Countie aforesaid yoman, James Shaftoe of Hye Callerton of the same Countie yoman Henry Wotheryngton of greate Swynborne aforesaid Esquier Ephraim Wotherington of Hebborne in the same Countie gent Jerrard Shaftoe of Hawick aforesaid gent, Edward Charleton of Preswick aforesaid yoman Richard Reade of Lumley aforesaid Hughe Gofton of Ponteland aforesaid, Archbald Hyeley of Ponteland aforesaid in the said Countie yoman John Bewick and Davye Anderson of the same yeomen w[i]th divers others to the nomber of threscore persons unknowne to your said Subiecte all in armour in warlike manner arraied and w[i]th weapons aswell invasive as defensive to the greate terror of your Ma[jesties] people and Subiectes That is to saie w[i]th Bills Bowes swords daggers Pistolls longe gonnes, Speares longe piked staves, steele Capps and other weapons And then and there so beinge unlawfullie assembled arraied and weaponned, the said Ryotous persons did devide themselves into severall troupes and companies in severall places of the said Towne of Ponteland or neere thereto adioynynge and so contynued the Eighteh and Nyneth daies of May last divers tymes walkinge upp and downe the said Towne of Ponteland aforesaid to the greate terror of your maiesties said people and Subiectes usinge some tymes to your said Subiect.., and some tymes to some of his Servanntes or Freindes inhabiting in, or resorting to the said Towne of Ponteland words of threatnynge Showinge and manifestinge plainelie thereby that the cause of theire Commynge and assemblinge was to committ some actes and matter againste your Ma[jesties] peace, And uppon the Tenth daie of May laste the said Routous persons beinge so unlawfullie assembled at Ponteland aforesaid and havinge resolved and determined that daie to effecte the aforesaid unlawfull purpose of puttinge your Subiecte out of possession by violence and force of and from the said grounds and mylne, did altogether being so armed arraied and weaponned as aforesaid goe to Crawley aforesaid to the said grounds there called Crawley and when they came together and hadd entered upon the said grounds there called Crawley the said Tenth daie, your Subiecte came thether to them which when they ...... they [?..istr..s..d?] (as yt should seeme) that your said Subiecte would have made resistance and thereuppon they did then and there send the said John Lawson George Shaftoe, Thomas Ayneslie and John Little backe to Ponteland aforesaid to fetch gonnes and other weapons w[hi]ch they the said John Lawson George Shaftoe Thomas Aynseley and John Litle performed w[i]th greate expedicon and when they hadd so donne and were retourned, then the said Routous p[er]sons in manner and forme aforesaid assembled at Crawley aforesaid the same Tenthe daie of May, cast of their Cloakes and tooke in hand the said goonnes and prepared themselves and theire weapons redie for fighte as thoughe they were presentlie to fighte or combate and some of the said Ryotors offred to dischardge theire gonnes at your Subiecte if he woulde not departe of and from the said grounde and some of the said Ryotors did then and there also runne at your Subiecte and one Anthonie Errington of Denton in the same Countie of Northumb[er]land gent w[i]th theire Speares and lannces, by reason of which assaultes and threatnynges, your said Subiect did dep[ar]te and lefte the said Ryotous p[er]sons in possession of the said groundes, And after your said Subiecte dep[ar]ted from the said groundes, the said Ryotous persons at Crawley aforesaid so armed and weaponed as aforesaid upon the said Tenth daie of May did w[i]th strong hand force and violence enter into the said wyndymill breaking open the doore thereof and breakinge and violentlie pullinge of the boards of the same milne, and Committed to the same wyndymylne manie other greate owtrages, and so thereof and of the said grounds called Crawley did according to the said first Confederacie Consultacon and agreament w[i]th force and violence unlawfullie dispossesse and disseise your said Subiecte of the saide groundes called Crawley and wyndymill contrarie to the lawes and Statutes of this your heighnes Realme, And after that donne, did further the said daie in like Ryotous manner goe to the saide grounde called Eland Greene in Ponteland aforesaid and thereof w[i]th like force and violence did diseize and dispossesse your said Subiecte contrarie to the lawes and Statutes of this your heighnes Realme and the possession thereof have ever since kepte and w[i]thhoulden and yet doe w[i]thhoulde by stronge hande pretending the same in the Righte of the said Richard Reade, And the said Willm Shaftoe and John Lawson hath ever sythence and yet doth take the proffittes accordinge to the saide agreamente firste made w[i]th him for maintenance as is aforesaid of the said pretended tytle of the said Richard Reade In consideracon whereof, And forasmuch as the said unlawfull assemblies, Ryottes Rowtes unlawfull confederacies assaultes and other misdemeanores ..... offences of greate quallitie and contempte towardes your heighnes and the quiet peace of this your Realme, And so much the more danngerous and perrillous for that they were committed in the said Countie of Northumb[er]land adioyning uppon the borders and Confynes of England and Scotland in w[hi]ch places smale assemblies at the firste doe growe in short tyme to outragious Ryottes and some to open rebellions and insurrections And of such assemblies doe followe much theftes, murther and other enormities and extremities to the evill example of others your heighnes Subiectes, And forasmuch also as moste p[ar]te of the Ryottors aforesaid excepte the said Henrie Wootherington Effraim Wotherington Raphe Wotherington and Beniamyn Wootherington were at the tyme of the said Ryottes and unlawfull assemblies menne not onlie of evill name and fame and of lewde and bad life and Conversacon, but in trueth persons ..... some .... [o]utlawed and some condempned and founde guiltie of murders and fellonies and livinge uppon the said Borders to the greate damage dannger perrill and terrour of your Ma[jesties] Subiectes there, as readie and apte instrumentes for comittinge anie Ryottes, Routes unlawfull assemblies Rebellions insurreccons Theftes spoiles and murthers and in that respecte moste meete to be severelie ponished and rewarded according to the measure of theire owne demerittes, Yt maie pleas your moste excellent Ma[jestie] to thend some Condigne ponishment maie be accordinglie inflicted uppon the said offendors To grannt unto your said Subiecte your Ma[jesties] most gracious writtes of Subpena to be directed to the said Willm Shaftoe Beniamyn Wotherington Rafe Wotherington Jerrard Shaftoe John Errington Thomas Foster Quynten Foster John Lawson Willm Lawson Edward Charleton Jasper Gofton, Willm Aynesley, Thomas Aynslye John Musgrave John Armestronge George Shaftoe John Shaftoe, Willm Shaftoe John Litle Luke Bedenell, George Fenwicke, Robert Heron, Reynold Shaftoe, Willm Robson, Thomas Lawson, Alexander Heron, Reynold Wilson, John Shaftoe, James Shaftoe, Henry Wotherington Ephraim Wotherington Richard Reade, Hughe Gofton Archbald Hidley John Bewick Davy Anderson Comannding them and everie of them by vertue thereof at a certen daie and under a certen paine therein to be limited p[er]sonallie to appeare before your Ma[iesties] moste honorable Counsell in your heighenes ..... Courte of Starr Chamber then and there to answere unto the p[re]misses and to be examined uppon certen Interrogatories on your said Subiectes behalfe to be ministred, And further to abide and to stand to such order and direccon in the premisses as to your heighnes said Courte shall seeme beste to accord w[i]th Justice equitie and good conscience, And your said Subiecte according to his bounden dutie shall dailie praie unto Allmightie god for your maiesties longe preservacon in happieste estate

Answer & demurrer of William Shaftoe:

4 Julij 37 Elizabeth Willm Mill

The demurrer and Annswere of Willm Shaftoe one of the defend[ants] to the Bill of Complaint of Marke Erington Complaynant

The sayd defendant demurreth in Lawe and demandeth iudgment yf so shall be compelled to make any Annswere unto the sayd Insufficyent Bill w[hi]ch ys as this defend[ant] thinketh from [mere] mallice and of intent and purpose to put this defendant to wrongfull vexacon and great expences and not upon iust cause of Suyte And for causes of his demurrer this defend[ant] showeth unto this honorable Courte, That both the Complaynant and this defend[ant] doe inhabyte and dwell w[i]thin the Countye of Northumberland Upon the borders and are w[i]thin the Jurisdiction of her Ma[jesties] Counsell established in the North p[ar]tes and that the matter of the Byll yf yt were trew ought to be determyned and hard there before her Ma[jesties] Counsell for the ease of her Ma[jesties] Subiectes dwelling so farre from London, and seing yt hath pleased her Ma[jestie] gracyouslye to establishe a Counsell princypally for the preservacon of the peace and the determinacon and suppression of Ryottes happening in those bordering Countyes Therefore this defend[ant] humbly prayeth to be dismyssed forth of this ho[norable] Courte And this defend[ant] further sayth, That he this defendant was at Ponteland upon or abowte the tenth day of May last and abowte the tyme in the Bill mencyoned and one Thomas Bradford being then and yet sheryff of Northumberland was as this defend[ant] thinketh lawfully aucthorished to gyve possession of some p[ar]cells of ground in Ponteland to Richard Read and to one Morpeth by vertew of a wrytt of habere facias possessionem upon a Judgment in an Eiectione firme as this defend[ant] is informed in the Kinges Bench against the sayd Complayn[ant] And that this defendant was by the appoyntment of the sheryff there p[re]sent at the execucon of the wrytt and by his Commanndement dyd ayd and assyst him, and had not any purpose or intention to commytt or doe any thing w[hi]ch might not be warranted and iustyfied by the course of Lawe, neyther dyd commytt any act w[hi]ch was unlawfull to his this defend[ants] knowledge For w[hi]ch cause, and for that the example and p[re]sydent may be danngerous yf such as shall by appoyntment of the sheryff ayd and assist him for the better execucon of her Ma[jesties] proces be called to Annswere such matters in this ho[norable] Courte, and will tend to the decay of her Ma[jesties] service in such kind in those p[ar]tes Therefore this defendant as before demurreth in Lawe and humbly prayeth to be dismyssed w[i]th his charges in this behalf wrongfully susteyned Nevertheles yf this defend[ant] shall by order of this honorable Courte be compelled to make any other Annswere to the said Bill, Then and not otherwayes and saving to this defendant at all tymes hereafter all advantage of exception to the insufficyencye of the said Bill, This defendant for Annswere sayth That to the confederacye combynation Consultacon unlawfull assemblye Ryottes Rowtes affrayes assaultes and all and every other the misdemeanors mencyoned in the Bill he this defend[ant] ys not thereof nor of any of them guiltye in such manner and forme as in the sayd Bill the same and very sclanderouslye and most untrewly surmysed and suggested, And for further declaracon of the truth and circumstance of the matter w[hi]ch ys the ground or coullor of the inlarging of the sayd Bill as this defend[ant] thinketh he sayth That Thomas Bradforth then and yet sheryff of Northumberland being by vertew of a wrytt of habere facias possessionem as this defend[ant] ys informed commannded to gyve possession to Richard Read and one Morpeth upon a iudgment in an Eiectione firme against Marke Errington the Complaynant of certein landes in Ponteland called Crawleyes and some other landes as this defendant thinketh then in the possession of the Complaynant, The sayd Sheryff did appoynt to deliv[er] possession to the sayd Richard Read and Morpeth upon the seaventh day of May last as this defend[ant] thinketh and [?willed?] the sayd Richard Read to send for some of his Frendes to mete him there at Ponteland upon Wednesday Whereupon this defend[ant] at the request of the sayd Richard Read w[i]th some others named in the Bill came to Ponteland upon Wednesday being as this defendant thinketh the seaventh day of May last, and then the sheryff came nott but sent woord he would come the next day, Whereupon this defendant stayed and expected his coming w[hi]ch was not tyll Satterday as this defend[ant] remembreth And this defend[ant] sayth that he came w[i]th no intent or purpose to doe any thing but to ayd and assyst the Sheryff in the Lawfull execucon of her Ma[jesties] proces, And this defend[ant] sayth That upon the Satterday being the Tenth of May last the sheryff came and sayd to this defendant That he heard that the now Complaynant [was] strong and that he would not quietly yeald the possession, and that therefore as he thought there would be somewhat adoe as this defend[ant] remembreth, And then the Sheryff and this defend[ant] and all or some of the other named defend[ants] did goe towardes the place called Crawleys, and there the sheryff did first talke w[i]th the Complaynant touching the quiett yealding of the possession but the Complayn[ant] denyed to yeald yt and made resistance and did drawe his weapon against the Sheryff, And the Sheryff sent for this defend[ant] and the rest, and after came himselfe and commannded this defend[ant] and others in the companye as this defend[ant] remembreth to ayd and assyst him in her Ma[jesties] name whereupon this defendant did w[i]th the rest come and assysted the Sheryff in deliv[er]yng the possession and repressed the Complaynantes Furye w[hi]ch was very gre[at] and outragyous in the resysting the sheryff w[i]thout any harme done to him the Complaynant by this defendant or by any other of the company to this defend[ants] knowledge And this defend[ant] by the p[er]mission sufferance and appointment of Richard Read to whom the possession was thus deliv[er]ed doeth occupye some p[ar]te of the ground whereof the possession was so deliv[er]ed as he thinketh he lawfully may doe. W[i]thout that that any other matter or thing in the sayd Bill of Complaint conteyned materyall to be annswered unto and layd to this defend[ants] charge and herein not sufficyently confessed and avoyded traversed or denyed ys trew All w[hi]ch matters this defend[ant] ys ready to averr and p[ro]ve as this honorable Courte shall award, And humbly prayeth to be dismissed w[i]th his reasonable charges hereby most wrongfully susteyned

Richard Hutton