STAC 5/W77/19

Court of Star Chamber:

Henry Wooderington of Swynburne Castle, Northumberland, Deputy Warden of the Middle Marches & Keeper of Redesdale v William Brownles, Robert Hodgeson, Robert Hall, Nicholas Spurnell, Francis Trolloppe, William Horsley, John Lowson, John Morwyn and Willm Slater et al

Transcript: Dave King

For Answer, Interrogatories & depositions, see STAC 5/W67/11. Note also that some small problematic sections of the following have been completed by reference to the damaged copy of the Bill in STAC 5/W67/11.

Bill of Complaint:

dated on reverse: Lune Vicesimo Octavo Januarij Anno xlij Elizabeth Regine Willm Mill

To the Queens most Excellent Ma[jestie]

In most humblewyse Compleyninge sheweth unto your most Excellent Ma[jestie] your heighnes true Faythfull and Obedyent subiecte Henrye Wooderington of Swynburne Castle in the Countye of Northumberland Esquire Deputye Warden of the Middle Marches of England against Scoteland, and Keper of Rydesdale, That whereas in or aboute the moneth of Julye in the Fortith yeare of your heighnes Reigne your subiecte had bene at your heighnes Cyttye of London aboute his necessarye occasions there to be done, And beinge on godes peace and your Ma[jesties] upon his Journey from thence homeward to attend your heighnes servyce in the execucon of his said place and charge c[er]tene evill [di]sposed p[er]sons As namelye Willm Brownles Robert Hodgsonn Robt Hall Nycholas Spurnell Frannces Trollopp Willm Horsley John Lowson John Morwyn and Willm Slater w[i]th divers other p[er]sons as yet to your subiecte unknowne t[o t]he nommber of thirtye p[er]sons and more havinge Intelligence thereof and havinge Assembled themselves into A great Company or route at or about Maulton in the Countye of Yorke did about the said tyme of theire uniust mallyce and displea[sur]e w[i]thout Cause Conceyved against your subiecte Joyned and Combyned themselves by oath and otherwyse to taike awaye the lief of your subiecte in his said Journey if by any meanes they colde, To w[hi]ch end they concluded to Arme themselves stronglie [in] sundry sortes of Cruell and offensyve weapons and to sett them selves in sev[er]all Companyes and at sev[er]all places in your subiectes waye as he shold travill in his said Journey homewardes there to surpryse him in some secreete places at un[a]wares purposelye to murther and slaye him if they colde And havinge soe concluded and beinge weaponed w[i]th gunes pistolls pyked staves swordes rapyers and daggers and divers other unlawfull weapons aswell invasive as defensyve the p[er]sons before named and the said other unknowne p[er]sons did on or about the said daye and yeare Accordinge to theire saide Complott and agrem[en]t devyd[ed] themselves into severall Companyes or Troupes to thend they might w[i]th the lesse suspycon to the Cou[ntr]ye thereaboutes laye in wayte and Assault your subiecte in his said waye thinkinge that if they shold goe together in A band or troupe as they were Assembled they sholde be p[re]sently suspected and by that meanes be p[re]vented of theire said wycked [co]mplott and practise, To w[hi]ch end they also Agreed Amongest them selves that wheresoever they sholde mete together none of them sholde taike acquaintannce to annother not asmuch as confesse theire owne names nor confesse whose serv[antes] they were, In w[hi]ch order they havinge thus disposed of themselves for this wycked and devellish purpose in or about the monethe of July afforesaid beinge Armed Arayed and p[re]pared as afforesaid in most Ryotus Rowtus warlike and unlawfull manner dep[ar]ted from Maulton afforesaide Appoyntinge that some of them shold lodge at the cyttye of Yorke some at Shereburne some at Ponntfracte some at Waikefeild and some at other places all the said Townes and places beinge in Yorkshire and in the verye heighwaye as your subiecte sholde passe on his said Journey where they had then no other buisyn[ess] but onelye to laye in wayte for your subiecte And so they did goe in devyded Companyes by Eight or nyne together till they Came at Bawtry in the Confy[nes] of the said Countye of Yorke where they entended and Appoynted all to meete and there to Awayte your subiectes Cominge and to watch in thother places and Townes through w[hi]ch they Appoynted to goe least your subiecte shold escape theire hendes, And in travell towardes Bawtrye afforesaid they maid inquyry at ev[er]y towne Alonge the Cominge of your subiectes Coming homewardes And whether he was Come And when he wold Come, and maid thre dayes in travellinge Betwene Yorke and Bawtrye afforesaid not beinge above thirtye two Myles distant thone from thother and all of them very well horsed and weaponed w[i]th gunes and pistolls and other weapons And at last when they Came all to Bawtrye on or aboute the xxijth of July afforesaid and hearinge c[er]tenlye that your subiecte was not passed by them then and there the said Ryotus Rowtus and disordered p[er]sons, in most Ryotus and disordered manner did still Contynue soe Assembled and Armed and desired to borrowe more warlike weapons in some of the saide Townes and there used such tummulttes terrors and uprors in shootinge of guns pistolls and other Ryotus behayours as they putt your Ma[jesties] good subiectes w[i]thin the said Towne and in the heigh wayes as they travelled in great feare and terrors of theire lyves or spoyle of theire howses or goodes, the people there m[ar]vellinge what they ment to doe w[i]th such weapons As they had about them and some suspected that they Came to doe some Roberye, And the said Ryotus p[er]sons havinge some dayes Contynued there in Awayte and Ambush for your subiectes Cominge and myssing him, or he not beinge then Comed, they further Agreed Complotted and Confederated together to Returne slowlye by lytle and Lytle towardes the Towne of Darlington w[i]thin the Countye Pallentyne of Durham beinge in the other Confyne of the saide Countye of Yorke throughe w[hi]ch they knewe that your subiecte must travell homewardes, p[er]swaidinge themselves that before they shold gett thyther [your] subiect wold overtaike them and passe by them and soe they sholde meete w[i]th your subiecte, whereupon in like Ryotus and Rowtus mann[er] as afforesaid they the said Ryotus p[er]sons beinge Armed and Arrayed as afforsaid Returned the same way that your subiecte was to travell as they thought As first to Doncaster in the saide Countye of Yorke beinge six myles from Bawtrye afforesaid and from thence where they had just Cause to thinke that youre subiecte wold be in his [Ret]urne to Ponntfract beinge tene Myles, then to Wetherby beinge twelve Myles distant from thence, And from thence to Walshfurth Bridges beinge two Myles distant from Wetherby where they beinge at Walshfurth Bridges in An Aylehouse and havinge bene thre dayes at the least in travellinge from Bawtrye thyther not beinge above xxvijth myles distant thone from the other, they layd watch and espyes to wayte for your subiectes Cominge And whilst they were in the same Alehowse your subiecte w[i]th his Company passed by, and they seinge your subiecte passe by and better Accompaned then they expected did not then assault or sett upon your subiecte but havinge some knowledge where your subiecte wold lodge that night and havinge your subiecte before them on the waye they the said Ryotus p[er]sons still in like Ryotus Rowtus and warlike manner and beinge Armed as afforesaid Followinge the execution of theire saide devellish devises And Complottinges and meaninge noe lesse (as they had vowed and protested to doe) Then to have murthered and slayne your said subiecte, did in most furyous and Ragyous mann[er] pursue after your subiect and hearinge that he lodged at Northallerton in the said Countye of Yorke beinge in his heighwaye about eightene Myles distant from Walshfurthe Bridge And to thend they might passe through or by the said Towne of North Allerton and not be sene nor knowne to thend to meete w[i]th many others of theire Confederatores they passed through the same towne in the night season and when they had soe done they lay all the Rest of that night beinge upon a sunday in the moneth of Julye afforesaid in like Ryotus and disordered mann[er] as afforesaid in Smeton layne in or about A place there called the lowsye Bush beinge but two Myles further then the said Towne of Northallerton where your subiecte laye in goinge homewardes [p]urposelye to be Redye in the next morninge to lye in Ambushment and to assault and sett upon your subiecte in his Cominge and then to execute theire said long sought purpose And the same night likewyse the saide Ryotus p[er]sons sent to Wytton beinge some nyne Myles from thence distant or thereaboutes for more Company of like Ryotus disposytion to Come to Ayde them And havinge so done in the morninge after beinge likewyse in the saide Moneth of Julye, they in most Ryotus Rowtus and unlawfull and warlike manner and weaponed as afforesaide went foreward and were then & there once together all in one Company to the nomber of six and twentye p[er]sons soe unlawfully Assembled conteyninge theire mallycous myndes and purposes beinge thus Assembled and Confederated together to mayke some outragyous myschef they did ageyne agree to devyde themselves into severall Companyes And the said Willm Brow[nles] Robt Hodgeson Robt Hall Nycholas Spurnell Frannces Trollopp Willm Horsley John Lowson John Worwyne and Willm Slater and divers other whose names are not yet knowne to your subiecte but he humblye disyreth the favoure of this honorable Courte to incerte theire names in this bill when they shalbe discovered did goe to Neshame in the Countye Pallentyne of Durhame where they mete at an Aylehowse w[i]th many of theire Company and Confederacye and there they remayned A whyle and sent furth spyes abroad to looke for your subiecte his Cominge and your subiecte Contynuinge his Journey they or some of them did espye your subiecte Cominge towardes the said towne downe A great hill in his waye And some of them in A great haist and w[i]th A great furye Cryed often he was Cominge he was Cominge (meaninge your subiecte) whom they expected, And thereupon they the said Ryotus p[er]sons came furth and went in like Ryotus and disordered sorte as afforesaid towardes Darlington [as aforesaid where others there Confederates were in] A Redenes to Joyne w[i]th them thinking to be before your subiecte and that your subiecte wolde Followe and [then they mighte worke there soden Devellishe purpose And they hadd made] soe muche inquyry for [your] subiecte in [all the Townes and places of there travell, and hadd Denyed there names] and were in such A strainge order That your subiecte [was toulde] as farr as Newarke upon Trent by some travyllers that there were divers men that dyd lye in wayte for him eyther to kill him or to doe him some myscheif and wylled your subiect to taike heede of that Company whereupon your subiecte beinge some what forewarned did of purpose to mysse them not followe on the heigh and ordynarye waye to Darlington as they did expecte but Came to Neshame Towne and purposed to leave Darlington and goe by Haughton, And they the said Ryotus p[er]sons lyinge in wayte for your subiecte Cominge on the heigh waye, and there purposinge to have Assaulted and murthered your subiecte when he shold be past the Towne and be furthest from the helpe of your ma[jesties] subiectes yet such was godes provydence towardes your subiecte that as your subiecte was passinge through the said Towne of Neshame Henry Lawson esquire dwellinge in the said Towne and hearinge that your subiecte was passed by the same sent his sonne unto him requyringe your subiecte to Come and speake w[i]th him to whome your subiecte reparinge the said Henry Lawson then acquainted your subiect howe there were A greate Company of Strainge p[er]sons gethered together and strongly Armed and Arrayed w[i]th unlawfull weapons who had denyed to tell theire names or whose men they were and entended to doe your subiecte some myscheif as he Imagined, upon whose reporte your subiecte beinge desyrous to have her Ma[jesties] peace kept, and loth to be Assaulted and willinge to p[re]vent his owne dainger and suspectinge by provable matter that they had p[re]tence surelye to doe your subiect some mischeif, your subiecte mayde staye in the said towne of Neshame w[i]th the said Henry Lawson whereof the said Ryotus p[er]sons m[ar]vellinge what shold be the Cause of your subiectes staye in the said Towne, and that your subiect Came not on the waye as they expected he the said Willm Brownles and Robt Hodgeson two of the saide before Ryotus p[er]sons and divers others of theire Company whose names as yett your subiect knoweth not, came themselves in most furyous and Ryotus manner from the rest of theire Company and Confederates to the place where they thought your subiecte mayde his staye and then and there in the said moneth of July the said Brownles and Hodgeson and thre other of theire Company whose names ar not yet knowne to your subiecte came to your subiecte where he was in godes peace and your Ma[jesties] and havinge pystolls and guns and other weapons they in most Ryotus and Cruell mann[er] woulde have Assaulted or shott at your subiect and purposed to have murthered your subiecte and did sweare greate oathes so that your subiecte had not bene forewarned and thereby well Accompanied and in the towne Amongest good Store of people the said Willm Browneles and Robt Hodgeson and the rest wod have indaingered your subiectes lief, The w[hi]ch said unlawfull Confederacyes Combynacons practyses Ryottes Rowtes Assembles misde[meanors] offences terryfyinge of your ma[jesties] subiectes lyinge in Awayte in heighwayes Contemptes disorders and other Abuses before mencyoned were done and Comytted synce your heighnes last graces gen[er]all p[ar]don and were and be contrary to divers and sundry your ma[jesties] lawes of this your heighnes Realme of England and to the p[er]illous example of like evill disposed p[er]sons yf these shold escaipe unpunished And for that yt is very daingerous that the ordynary heighwayes of travelleres from London shold be thus troblesome and daingerous to such as have occaision for your Ma[jesties] servyce to passe and who least looke for such Ryotus Attemptes or Assaultes to be Comytted in the heighe wayes as they travell Maye yt please your heighnes to grant unto your said subiect your Ma[jesties] most grac[ious] wrytt or wryttes of subpenas to be derrected to the said Willm Browneles Robt Hodgeson Robt Hall Nycholas Spurnell Frannces Trollopp Willm Horsley John Lawson John Morwyn and Willm Slater Comanndinge them and ev[er]y of them and to the other Ryoters afforesaid when your subiecte cane understand theire names Att A c[er]teyne daye and under a c[er]teyne payne therein to be lymytted to be and p[er]sonally Appeare before your Honorable Counsell in your heighnes Courte of Starr Chamber then and there to Answere the p[re]misses, And upon theire Appearannce to taike such and and order herein as to your heighnes said Counsell shalbe thought most fytt And your subiect shall Accordinge to his most bounden duetye contynually praye to god for your heighnes in all happy estate longe to Reigne over us/

Richard Hutton ...sonn [?1599?]