STAC 5/H31/18

Court of Star Chamber:

Reginald Heron v Marke Erington & Randulfe Fenwicke

Transcript: Dave King

Interrogatories:

In[terrogatories to be] Minstred to Marke Ering[ton] and Randulfe Fenwicke [d]efts at the suite of Reginald Heron Comp[lt]

Imprimis Whether do you k[n]owe the Castle of Pruddoe in the Countie of Nor[th]umberland yea or no/

2. Itm Whether did you or either of you or one John Shaftoe Thomas Fenwicke John Mowe & T[ho]mas Rawe or any other aboute the xxvjth day of Januarie [in] the xxxjth yeare of the Queenes Ma[jesties] Raigne or at any [t]yme sythens breake and enter into one barne at Prudd[oe] & threshe or Cause to be threshed or Carried away any C[or]ne therein beinge and what weapons armor privie Cot[es] or other thinges of defence had you or they or any of them so to [b]reake and enter into the said barne and whether was it ...m[er]ly agreed upon betwene you and them or any [of] them yea or no./

3. Item Whether did they or a[ny] of them the next day after or at some other tyme sone aft[er] the said first entrie or breakinge into the said barne, a[g]aine breake and enter into the said barne and threshe [or] Cause to be threshed or Carried away any of the Corne in the said barne beinge, and if you or they or any of the[m] did so, what nomber of p[er]sons and who were at the doing thereof Whether were not you one of them what weapons or armor had you or they or any of them and [by] whose meanes or p[ro]curement did you or they so [b]reake and enter into the said barne againe after the said first entrie and what moved you so to doe

4. Item Whether did you and one Willm Fenwicke Oswald Fenwicke Anthony Erington Thomas Fenwicke the younger John Shaftoe and others or any of you or of them aboute January in the said xxxjth yeare of the Queenes Ma[jesties] Raigne come to the said Castle and Marche aboute the same w[i]th any weapons or armor and w[i]th what weapons or armor were you or they or any of them then armed and whether did not you or they hide your selves or remaine in divers and secret places aboute the same and to what entente and purpose did you or they goe aboute & environ the said Castle and what moved you so to doe

5. Item Whether did you or any other to your knowledge hewe or breake downe any gates or wales aboute the said Castle and what were theire names that did so whether did you or any other to your knowledge watche aboute the said Castle If you or they did then howe longe and what be theire names and to what entent and by whose comandem[en]t were you or they there

6. Item Whether did you or any other to your knowledge practise w[i]th one Robert Halsey to evict this Complt out of his possession and whether did he together w[i]th Willm Fenwicke and John Shaftoe or any other goe to the said barne and terrefie this Complts workemen w[i]th threates of Imprisonm[en]t and losse of money by meane[s] whereof his workemen dep[ar]ted from theire labor and whether did you or they or any other to your knowledge come afterwardes to the said barne and beate and expulse this Complts workemen oute of the said barne and what p[er]sons and howe many were at the doinge thereof and whether were you one of them and by whose p[ro]curem[en]t was the same doe[n] and what moved you so to doe/

7. Whether did you and Willm Fenwicke of Wellington & John Shaftoe or any other to your knowledge or by your p[ro]curem[en]t practise w[i]th one Edward Charleton undersheriffe of the said Countie or any other to disposesse the plaintiffe of the p[re]misses and what meanes did he or they or you use for that purpose and what moved you so to doe

8. Item Whether did the said unders[h]eriffe and the saide Willm Fenwicke practise by Color [of] some Replevyn to be sued by the saide Marke Erington and Willm Fenwicke or one of them and enter into the [s]aid barne and there did Replevye the Corne of this [C]omplt in the said barne beinge whether did this C[om]plt at suche tyme as the said Sheriffe came to ma[ke] deliv[er]ans of the saide Corne Clayme p[ro]p[er]tie therein [and] tolde the said Undersheriffe that the said Corne was his & offred him suerties to answere the sam[e] if by the Queenes Ma[jesties] Lawes it shoulde fall out the same shoulde be adiudged to be the said Eri[ngtons]/

9 Item Whether do you knowe Willm Fenwicke the highe Sheriffe of the said Countie ... divers others did afterwardes aboute the tyme in the bill menconed come to the said barne and findinge the plaintiffes workemen there send them to prison w... fo[rc]e and nomber of men were there then w[i]th [him] and if he did whether and howe longe did [they] Remaine there in prison and what p[er]sons did [he so] committ to prison or enioyne not to enter into the s[aid] barne to worke upon paine of fortie shillinges

10 Item howe often did you or any of y[ou] or any other by your meanes come to the said Castle or barne in [the] monethes of J[anuar]ye February or marche: afforesaid and what nom[ber] of p[er]sons were at [any] of those tymes w[i]th you and what we[apo]ns had you or they at [tho]se tyemes, and howe longe staied you [or] any of your Company at the said Castle at ev[er]y of the said tym[es] and for what purpose

11 Ite[m] what nomber of p[er]sons came w[i]th Edward Charleton the Last tyme he came to the said ca[stle], and what weapons had they and what did the said Edward Charlton or any other geve in comandem[en]t to the said p[er]sons or any of them to doe aboute the said Castle at theire beinge ther, and by whose meanes came he, you and they the[th]er and for what entent or purpose, and what moved you so to do/ and howe longe staied you there

12 Item whether did Willm Fenwicke of Wellington Edward Charlton you or any other, by his theire or your meanes cause charge require p[er]swade p[ro]cure or comannde any p[er]son or p[er]sons at any tyme or tymes to come to the said Castle yea or noe if he or you did for what Cause or purpose was the same done, howe many p[er]sons did come to the said castle at any one tyme, and by whose comandem[en]t: and whether did not the said complt or some other for him offer and tender suerties to the shiriffe at his beinge aboute the said castle to answere suche thinges he could Lawfully require of him or noe: and whether did not the said shirriff and undershirriff refuse to accept ... securitie or noe/

Depositions:

Sup Interr ex p[ar]te Reynald Heron qu... ...

C... xvjth Maij Ao dm R Eliz xxxiij

Deposition of Marke Erington:

Marke Errington of Pontyland in the C[ounty] of Northumb[er]lande gent sw[orne] &c

To the fyrst Interrogatory he saith that he doth knowe the Castell of Pruddo [menconed] in the article

To the seconde Interrogatory he this def saith that this deft and Willm Fenwycke havyng as he thinketh good and sufficent Interest in the Castell demeasnes and Tythes of Pruddo and havyng certen Tythe Corne then in the barne ther did send John Shafto Thos Fenwicke John Mowe and Thos Rawe ab[ou]te the day [menconed] in the article to Repayre to the barne [menconed] in the article and then to go and enter into the said barne and to thresshe p[ar]te of the corne being ther And therupon the s[ai]d p[er]sons being come to the s[ai]d barne dyd w[i]th the keye of the locke then being upon the s[ai]d barne dore dyd unlocke the s[ai]d locke and ... open the barne dore and quietly go and enter into the said barne but those p[er]sons or any of them then had not to this defts knowledge any armor p[re]vie Cotes or other thing of defence on them or any of them nor any weapon to this defts knowledge/ and saith that hit was formerly agreed betwene this def and the s[ai]d Thos Fenwicke & Willm Fenwicke that the s[ai]d p[er]sons sholde Repaire to the s[ai]d barne and thresshe p[ar]te of the Corne then and ther being but this defts selfe was not then at the s[ai]d barne

To the iij Interrogatory he this deft saith that h... on the daye next after the entrie before menconed that some on the ... behalfe of the nowe pl[aintiff] had entryd into the s[ai]d barne and taken and carryed awaye the corne that was thresshyd by this deftes and Wm Fenwickes appointem[en]t he this def on the daye next after the s[ai]d entrie dyd or any suche sorte as is sett downe in this defts answer Repaire to the said barne and fyndyng the barne dore therof unlockyd this def being accompanied with Reynolde Heron the nowe plt Robt Halso bailif of that libertie Anthony Errington Oswolde Fenwicke Wm Fenwicke and others whose names he doth not Rem[ember] dyd go into the s[ai]d bar[ne] for and to the intent and purpose to se what was become of the corne then thresshyd the [daye] before sett downe in this defts answere but they or any of them dyd not then on that daye thresshe or cause to be thresshed or carryed from the said barne any Corne but as he doth ... he this def hath harde saye and saith that at the s[ai]d entrie and being in the s[ai]d barne this def had a sworde and a dagger and the rest of the but weapons the rest of the s[ai]d p[er]sons or the rest p[ar]te of them ... ... then a sworde and dagger then had this def doth not knowe Saving Halso they had not to this def Re[mem]brance any weapon at all nether had this def or any of them any armor on them or any of them and saith that it was not by any other meanes or p[ro]curem[en]t then is before menconed that the p[er]sons before menconed dyd go and enter into the s[ai]d barne after the first entrie therunto and it was the a... before menconed tyme movyd this def so to do nether dyd this def or any other the s[ai]d Seconde breake into the said barne the s[ai]d seconde tyme but dyd go therunto fyndyng the dore therof standyng unlockyd

To the iiij Interrogatory he this def saith this def and the p[er]sons ...yd in the article being come to the barne before menconed dyd sende from the [said] Robt Halso bailif of of that libertie to the nowe pl[aintiff] to come downe and speke w[i]th this def & Willm Fenwicke and the said Halso dyd therupon bring worde to this def & Wm Fenwicke that if this def and his company wolde any [?thing with him talke?] then they sholde come to him wherupon [this] def and the s[ai]d other p[er]sons and also the s[ai]d Halso dyd walke up to the s[ai]d Castell to the s[ai]d complt and ther spe... with him dyd say to him Raynolde Heron I do ... I dyd sett men at worke yester day to thresshe my Corne and as I [?do hear?] you have causyd my locke to be broken and my Corne to be taken away and nowe said this deft my comyng is to have my Corne Redelyv[er]yd ... ... the ... wherunto the s[ai]d Heron saith that this def Shulde nor culde not have the s[ai]d Corne againe and this def then wisshing the s[ai]d Heron to take some friendly Course Rather then go to the lawe touching the same he the s[ai]d Heron [said] you may go to the lawe if you pleaze or wordes to that effeccte and p[re]sently or shortly after the ...syng of those speches he the s[ai]d Heron together w[i]th this def and other p[er]sons before menconed dyd go to the s[ai]d barne and then into the the said barne but this def and the s[ai]d p[er]sons then had not on any of them any armor nether had this def any weapon besydes a sworde and dagger nor doth [remember] what weapons the other p[er]sons then had ther nether was ther any other marchyng aboute [?envyorning?] or besetting of the s[ai]d castell other then afores[ai]d nor any p[er]sone or p[er]sons hydden in secret places about the s[ai]d Castell

To the v Interrogatory he this deft saith that this deft or to his knowledge any other dyd not hewe or breake downe any of the gates or walles to the s[ai]d Castell but this def doth knowe that certen p[er]sons any whose names he doth not Rememb[er] dyd by the appointem[en]t of the highe Sheryf of the Shiere watche aboute the s[ai]d Castell to see that the pl[aintiff] dyd not in the night tyme carrye any corne from the... he the s[ai]d Sherif havyng a Replevyn being granntyd a Replevyn ... oute of the highe Courte of Channcery touching the s[ai]d Corne but howe longe they dyd ther so watche he this def doth not knowe nether was yt by this defftes appointem[en]t that they ther watchyd

To the vj Interrogatory he this deft saith that he dyd not practize w[i]th the s[ai]d Halso to evycte the pl[aintiff] from his posse[ssio]n of the said barne but this def havyng obtay[ned] a warrant the then highe Sherif of Northumberlande dyd ... ... to the s[ai]d Halso that he the s[ai]d Halso shulde Repaier to the s[ai]d barne & castell to [?enioyne?] the nowe pl[aintiff] and his s[er]vantes in the name of therle of Northumb[er]lande not to deale any further w[i]th the Corne untyll tryall were had touching the same/ this deft together w[i]th the s[ai]d Halso dyd Repaier to the said barne the he the s[ai]d Halso together as this def doth take it w[i]th Willm Fenwicke & John Shafto dyd Repaier to the s[ai]d barne and at that tyme he the s[ai]d Halso dyd as this def doth understande [?enioyne?] the complt and his s[er]vantes in the some of xls apiece not to meddle or deale any further w[i]th the same Corne untyll it were tried but he this deft doth not knowe that the s[ai]d Halso dyd threaten to imp[ri]son the s[ai]d complt or any of his men touching the same and denieth that this def or to his knowledge any other dyd at any tyme after beate and expulse the pl[aintiffs] worke men from ther worke in the s[ai]d barne

To the vij Interrogatory he this def saith that this def haveing obtaynyd a Replevyn oute of the highe Courte of Channce[r]y dyd sende the said [John] Shafto to the s[ai]d Mr Fenwicke of Wallington being the highe shirif of the C[ounty] of Northumb[er]lande and thereupon he the s[ai]d Mr Fenwicke dyd make his warrant to his undersherif, Charleton and also to the bailif of the same libertie to Replevye the s[ai]d Corne and the s[ai]d Charleton then sendyng this def worde by Shafto at what tyme he wolde be at the s[ai]d barne to make delyv[er]y of the said Corne accordyng to warrant to ... ... this def dyd ... that tyme Repaier to the s[ai]d barne to recyve the s[ai]d Corne but any practyce ther was not any meanes or practyce usyd betwene this def and the s[ai]d Charleton or any other howe to Remove the pl[aintiff] from his possession of the s[ai]d castell ... ...

To the viij he saith that the s[ai]d Charleton by vertue of the warrant before menconed dyd being in the s[ai]d barne make Replevye and make delyv[er]y of the Corne then being unthresshed in the said barne to this deft and Willm Fenwicke of Blackedon and doth not knowe of any p[ro]p[er]tie that the nowe pl[aintiff] dyd then clayme in the said Corne but the s[ai]d Carleton haveyng made suche delyv[er]y as afores[ai]d of the corne in the s[ai]d barne he the s[ai]d Charlton and Halse together w[i]th this def Willm Fenwick and other dyd go up to the Castell to the s[ai]d Heron where the s[ai]d Charleton in hir [majesties] name and the Sher[i]fes dyd charge the s[ai]d Heron to delyv[er] to him the Corne he had locke[d] up in the castell and to cause the gates that were lockyd to be unlockyd that he might Replevye the said Corne accordyng to his warrant whereunto the s[ai]d Heron saide that he wolde not obbeye the Replevyn not delyv[er] any corne by force of any suche Replevyn nor dyd care for Fenwicke his warrant nor dyd know the s[ai]d Charleton to be any officer but the s[ai]d Heron dyd not then to this defts knowledge clayme any p[ro]p[er]tie in the same Corne nor offer any suerties touching the same if it shulde [be] Recov[er]yd from him by the lawe to this defts knowledge

To the ix Interrogatory he this def saith that upon informacon given to the s[ai]d Mr Fenwicke then highe Sheryf that the Corne was ...ly conveid awaye and the castell gates kept lockyd so as Replevyn ... to the ...yd he the s[ai]d Mr Fenwicke being acc[om]panied w[i]th this def Anthony Felton and others to the nomb[er] of ... v p[er]sons whose names he ... Remembreth not dyd come to the s[ai]d barne and Castell and they fyndyng Herens s[er]vantes thresshing in the barne haveyng the dores lockyd to them dyd commande them to open the barne dores to him and also to leave Thresshing and they then Refusyng so to do the s[ai]d Mr Fenwicke saide I am highe Sherif of Northumb[er]lande and highe Constable to the Earle of Northumb[er]lande and have a Replevyn to delyv[er] this Corne and notwithstanding you still Contynewe thresshing of the Corne and therefore I charge you in hir Ma[jes]ties name and the Earle of Northumb[er]lande to leave of your thresshing but they dyd Refuse so [to do] and in the ... ...ct of the s[ai]d Mr Fenwickes by his Mr ... dyd go to the backe dore of the said barne w[hi]ch stode unlockyd and then oute the said barne dyd bring the thresshes then to the s[ai]d Mr Fenwicke and ... the s[ai]d Mr Fenwick dyd call Halse the bailyf to carrye the s[ai]d p[er]sons to the Toll bothe touching ther said dysobedyence but how long they dyd then ther Remayne in p[ri]son he this def doth not know/ and as this def doth take it one of ther names w[hi]ch were so commityd to p[ri]son was Elryngton, and one of them Marshell and the other Marshall & Mowe & one Swynborne and more or further he this def cannot depose

To the x Interrogatory he this def saith as he hath said before and more or further he doth not Rem[ember] to any p[ar]te of the contents of the article

To the xj Interrogatory he saith he doth thinke ther was w[i]th the aforenamed Carleton his the s[ai]d Charleton his ... being at the [confused by insertions, possibly intended to be struckthrough - Charleton at the s[ai]d howse and barne and said Castell the numb[er] of xltie p[er]sons or theraboutes xl or lx halfe a score p[er]sons whereof this def was one and this def then had ther a sworde and dagger and so had but what weapons the rest of that company had ther he this def doth not Re[member] except pyke Staves and the said Charleton was then ther by suche meanes and to intent and purpose as is afore sett downe in the fiveth article and saith that the s[ai]d Charleton or anye other dyd not to this deftes knowledge gyve any other [?charge or commandment?] then is before[?said?]/ and saith that the s[ai]d Charleton this def and his company being did not then staye at the s[ai]d Castell dyd alight and knocke at the gate and p[er]ceyvyng that nobodye came to them dyd dep[ar]te and more ... p...se he doth not re[member] to the articles Savyng the s[ai]d Charleton and Halso dyd then as is before sett downe leave some p[er]sons to watche ther to see that the corne were not carryed awaye but howe longe they watchyd ther to that ende this def doth not knowe

To the xij Interrogatory he this def saith as he hath saide before and more or further he doth not [k]nowe

Marke Eringtone

Deposition of Randulphe Fenwicke:

Randale Fenwicke of the Towne and C[ounty] of Newcastell marchant sworne &c

To the fyrst Interrogatory he this def saith that he doth knowe the castell [named] in the article callyd Pruddo

To the seconde Interrogatory he saith that this deft in or aboute the daye menconed in the article passyng before the pl[aintiffs] ... ... Castell dyd Comyng by the Castell of Pruddo [?having hard?] that John Shafto was thresshing in the s[ai]d barne he this def dyd alight from his horse and go into the said barne to the intent to see and speke with the s[ai]d Shafto and ther was then two or thre other p[er]sons Thresshing in the s[ai]d barne by the appointem[en]t as it was then said of Willm Fenwicke of Blackden and Marke Eryngton but he this def or to his knowledge any other of the s[ai]d p[er]sons dyd not breake into the s[ai]d barne nether was ther any p[er]sone or p[er]sons in this deftes companye at this deftes then entrie and going into the s[ai]d barne/ nether had this def any weapon at that tyme but a sworde and dagger/ nor doth knowe of any weapon that the aforesayd Shafto or any of his company then had at the s[ai]d barne nor doth knowe or can depose any more or further to any p[ar]te of the Rest of the contents of the article

To the iij Interrogatory he this deft doth denie all and ev[er]y p[ar]te of the contents of the article for his p[ar]te or for any in his p[re]sence or company or by his meanes or p[ro]curem[en]t

To the iiij he also denieth the contents of the article for his p[a]rte or for any in his p[re]sence or company

To the v he denieth the contents of the article for his p[ar]te or and any p[ar]te thereof for his p[ar]te or for any in his p[re]sence or company or for any by his meanes or p[ro]curem[ent] and more he saith not to the article

To the v (sic) he saith that he this def was not at the s[ai]d barne or Castell at the tyme supposyd nor doth knowe what was then done at the tyme supposyd or at any other tyme but doth denie all and ev[er]y suche p[ar]te of the contents of the article as doth any way charge this deft

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 to his knowledge for any other p[er]sone or p[er]sons

To the viij Interrogatory he this deft saith that he doth not knowe or can depose any thing to the contents of the article or any p[a]rte therof

To the ix Interrogatory he also saith that he doth not knowe or can depose any thing to the contents of the article

To the x he saith that this deft or any by his meanes or p[ro]curem[en]t was not in any of the monethes menconed in the article at the Castell and barne menconed in the article except this def dyd chance in that m... ... then Rydyng the s[ai]d highe waye

To the xj he saith he doth not knowe or can depose any thing to the contents of the article

To the xij he denieth all and ev[er]y p[ar]te of the contents of the article for his p[ar]te or for any by his meanes or p[ro]curem[en]t or that he doth knowe or can depose any thing to the contents of the article or any p[ar]te therof of his owne knowledge

Randall Fenwick