STAC 5/N4/36

Court of Star Chamber:

Henry Earl of Northumberland v John Heron, George Heron his brother, William Hedlowe, Gabriell Hedlowe/Hedlee, George Thomson, George Graye, John Blackburie/Blakeburn, William Carnes

Transcript: Dave King

Bill of Complaint :

dated on reverse: .... viij Febr Ao xxxiij Elizabeth Reg Willm Mill

To the Queenes moste excellent ma[jestie]/

In moste humble wise Shewethe and enformeth your royall maiestie your faiethfull and obedient Subiectes Henrye Earle of Northumberland That whereas your saide Subiectes late deceassed Father was seised to him and to the heires males of his bodie, the Revercon expectant to your royall maiestie your heires and Successors in the right of your Crowne of England of and in two Tenementes in Thurston in your heighnes Countie of Northumb[er]land and w[i]thin the parrish of Felton nowe in the severall tenures or occupacons of Thomas Dobson and George Dobson, to which Tenementes time out of memorie of man, hathe beene belonginge and apperteined common of pasture for all kinde of Cattell at all times of the yeare in a waste grounde called Bokenfeilde more otherwise Elstrodder in the saide Countie/ And so beinge seised, thereof died seised accordinglie, uppon the one and Twentythe daie of June in the Seaven and twentythe yeare of your heighnes raigne, your Subiect beinge his sonne and heire, By reason whereof your Subiecte into the saide Tenementes entred and the saide Common of pasture did use, eate, and take, by the mouthe of the Cattell of the saide Thomas Dobson and George Dobson quietlie and peaceablie by the space of Fowre yeares or thereaboutes next after the deceasse of your Subiectes saide Father, as of righte and in lawe and iustice did belonge to your Subiect to doe/ But so yt is if yt maie please your heighnes that of late uppon the Twentythe daie of May in the two and thirtyth yeare of your heighnes raigne, John Herron, George Herron, Willm Hedlowe, Gabriell Hedlowe, George Thomson George Graye, John Blackburie, Willm Carnes w[i]th div[er]se others as yet unknowen unto your saide Subiecte to the nomber of Twentie persons or thereaboutes armynge themselfes w[i]th weapons as well invasive as defensive, That is to saie, w[i]th swords, daggers, longe picked staves, lannces, Bills gonnes and Bowes did riotouslie, unlawfullie, and in warlike manner, assemble themselfes at and uppon the saide mannor called Bokenfeilde more, of entent and purpose unlawfullie and in ryotous manner and w[i]th stronge hande, force, and violence, contrarie to all righte and equitie, to resiste and w[i]thstande your Subiecte to use and take his saide common of pasture in the saide more, And the saide ryotous persons aforesaide so beinge there assembled, did for the execucon of theire saide unlawfull entente and purpose assaulte, beate, and greviouslie wounde as well the saide Thomas Dobson and George Dobson beinge come to the saide more to putt in cattell as in the righte of your Subiecte to use and take common of pasture there, as also did greviouslie wounde and hurte one Robert Claye commynge as Assistant w[i]th the saide Thomas Dobson and George Dobson to drive the saide cattell to the saide more to take and use common of pasture there, By reason whereof your Subiecte did lose the benefytt of his saide Common of pasture at Bokenfeilde more aforesaide And is yet w[i]th stronge hande and violence kepte out of possession thereof by the saide John Herron and his Complices, The saide John Herron beinge the principall Ringeleader and encourager of all the saide Rioutous persons, and Cawser of the saide unlawfull Assemblie/ In consideracon whereof And for that the unlawfull Assemblies, Ryottes, and misdemeaners aforesaide, bee not onlie heighe Contemptes againste your maiesties Crowne and dignitie, But also beene evill examples to other your heighnes moste lovinge and obedient Subiectes, And mighte greatlie encowrage manie faiethfull and well disposed people to commytt the like offences and outragious misdemeaners (if those shoulde not receive condigne ponishment, yt maie please your heighnes of your gracious clemencie To grannte unto your saide Subiecte your ma[jesties] write or writes of Subpen[a] directed unto the saide John Herron George Herron Willm Hedlowe Gabriell Hedlowe George Thomson, George Graye John Blackburie, & Willm Carnes Commanndinge them and ev[er]ie of them by vertewe thereof personallie to appeare before your maiestie and most hon[or]able Counsell in your heighnes Courte of Starr Chamber to annswere the premisses and to abide such good order in the premisses as to your moste royall maiestie shalbe thought to be agreable w[i]th iustice equitie and good conscience And your saide Subiecte shall praie unto the everlivinge god for the most happie and prosperous estate of your moste excellent maiestie longe to raigne over us

.....rightington Fra Moore

Answer of John Heron:

19 Apr. Ao 33 Elizabeth Re Willm Mill

The Answere of John Heron gent deft to the bill of Complt of Henry Earle of Northumberland complt

The said deffendt saieth that the said bill is uncerten untrue and insufficien[t] in the Lawe to be answered unto exhibited into this honorable Courte as this deffendt is p[er]swaded rather to put this deffendt to Charges and expen[ces] in the Lawe then uppon any Just Cause or occasion to the said Complt by this deffendt ministred the benefitt of the excepcon thereof to this deffendt saved Then he for answere to so muche of the said bill as dothe anywaie touche or concerne this deffendt he saieth that to all the Riottes unlawfull Assemblies and Routtes in the said bill menconed is not giltie in manner and forme as in the said bill is Laied to his Charge All w[hi]ch matters this deffendt is redye to averr and prove as this honorable Courte shall awarde and praieth to be dismissed w[i]th his costes and Charges in this behalf most wrongfully susteyned

... Heron

Interrogatories on behalf of Henry, Earl of Northumberland:

Intergatories to be ministrede to the witnesses p[ro]duced on the p[ar]te and behalf of the right honorable Henry Erle of Northumb[er]land Complaynant against John Heron gent and others defendantes

1 Imprimis Whether do you knowe the p[ar]ties plantyfe and defendant And Thomas Dobson and George Dobson tenantes to the Complaynant in the byll menconede yea or no

2 Item whither do you knowe one p[ar]cell of ground called Elstrother nowe in variance and howe longe have you knowen the same p[ar]cell of ground, And whether is the same w[i]thin the common of Thriston called Bokinfelde moore and p[ar]cell and belonginge to the said moore yea or no

3 Itm whether have the Complainant his anncestors and all those whose right he nowe hathe, and the Tenantes of the severall Tenementes in the occupacon of Thomas Dobson and George Dobson aforesaid, hadd and usede tyme owt of mynd of .... common of pasture for there Cattall quietly in the said Bokinfeild moore, And the place there callede Elstrother p[ar]cell of Bokinfeild Moore, And hathe it bene so accomptede and taken used and occupiede by all the tyme of your memory yea or no

4 Itm whether were you present upon Bokinfelde moore in the place there called Elstrother upon the xxth day of May in the xxxijth yere of the Quenes ma[jesties] Raigne That nowe is when the defendant John Heron came thither, And yf you were what p[er]sons came then thither in the Company of the said John Heron, what was there names, what weapons hadd they and everie of them what affray assault or Battrye dydd he they or any of them then and therecomitt and make upon what p[er]son or p[er]sons and for what cause purpose and occasion

Depositions of Robert Hunter, Robert Smythe, Willm Taylor, Willm Garrett & Robert Jarkson:

At the Quenes Maiesties Towne of Newcastle upon tyne the xxxth day of Marche 1592 Before Rafe Lawson Richard Fenwyke and Willm Selby Esquiers hyr maiesties Commissioners

Witnesses product sworne and examinede upon certaine Intergatories ministrede to the said Commissioners on the p[ar]ty and behalf of the right honorable Henry Erle of Northumb[er]land Complainant against John Heron and others def[endants]

1 Robert Hunter of Aklington in the County of Northumb[er]land yeom[an] of the age of lx yeres or thereaboutes sworne and examinede to the first intergatory saythe That he dothe p[er]fitly knowe the p[ar]ties plantyfe and defendt and Thomas Dobson and George Dobson tenantes of the said Complaynant in the byll of Complaint Menconede

2 To the Second Intergatory This exa[mina]t saythe, That he knowethe and by the space of xl yeres or thereaboutes hathe knowen a p[ar]cell of ground called Elstrother, adioyninge nighe unto Bokinfeild moore But whether the same be p[ar]cell of Bokinfeild moore yea or no he cannot depose

3 To the third Intergatory this Exa[min]ate saythe, That the Complainant & his Anncestors and all those whose right he nowe hathe, and aswell the Tenantes of the severall Tenementes in the occupacon of Thomas Dobson and George Dobson the said Complainantes Tenantes As also the Quenes maiesties Tenantes and all other the freholders and there Tenantes inhabitinge w[i]thin the Towne of Thriston in the County of Northu[m]b[er]land, have hadd and used tyme owt of memory of man, Common of pasture at all tymes and for all maner of Cattall w[i]thowt nombre in and upon the said moore called Bokinfeild moore, and the place aforesaid callede Elstrother as he hathe hard by credible report, and of his owne knowledge can remembre duringe the space of xl yeres at the leaste Quietly peaceably and w[i]thowt disturbance untill nowe of late by the molestacon of the said defendants and there associates, And beinge demandede howe he knowethe the same to be trewe he further saythe That by the space of xl yeres he hathe knowen that all the inhabitantes of Thriston aforesaid have quietly w[i]thowt impoundinge or disturbance Not only pasturde w[i]th all there cattall in and upon the said moore called Bokinfeld moore and the aforesaid p[ar]cell of ground callede Elstrother But also have usually casten flagges Turves and peates fouldede there Cattall and taken whynnes in and upon the same from tyme to tyme w[i]thowt molestacon, But as is before recitede

To the fourthe intergatory this exa[mina]t saythe That he was not p[rese]nt in the place called Elstrother upon the xxth day of May in the xxxijth yere of the Quenes ma[jesties] Raigne that now is, when the said John Heron and other defendantes in the byll of Complaint menconede are supposed to make an assault and affray upon certaine inhabitantes of Thriston But he remembrethe That on the xxjth or xxijth of the said monthe and yere aforesaid He this exa[min]at dydd see the heade of Robert Clay of Thriston grevously Broken w[hi]ch hurt the said Clay sayd to this exa[min]ate, That John Heron gent on of the defendantes aforesaid dydd gyve hym the xxth day of May aforesaid at a place called Elstrother aforesaid w[i]th a pichforke And further he cannot depose

Robert Smythe of Thriston in the County of Northumb[er]land yeom[an] of the age of lx yeres or theraboutes sworne and examynede to the first Intergatory saythe That he knowethe not the Complainant otherwise then by report But he knowethe p[er]fitly the def John Heron, and Thomas Dobson and George Dobson Tenantes to the Complainant

2 3 To the second and Thirde intergatory he saythe to all intentes and purposes as his precotestes Robert Hunter hathe before deposede

4 To the fourthe intergatory This exa[min]ate saythe That he was p[rese]nt at Elstrother the xxth day of May in the xxxijth yere or the Raigne of the Quenes maiesty That nowe is, when John Heron gent in the said byll of Complaint menconede accompanyede w[i]th George Heron his brother Gabrall Hedlee George Thomson George Gray John Blakeburn Willm Carnes and others the servantes and Tenantes of the said John Heron to the nombre of xvj persons, beinge furnishede w[i]th speres pitcheforkes lance staves platestaves swordes and other warlyke weopons w[i]th force and armes in ryotous manere dydd make ane assault upon the Tenantes of Thriston, and dydd see when the said John Heronw[i]th a pychforke w[hi]ch he then and there caryede dydd cruelly Batter and wound upon the heade one Robert Clay of Thriston beinge one of the Complaynantes Tenant, offeringe bothe by hym self and others his servantes and tenantes to comitt groter offenses yf they hadd not bene hindrede in peceable maner from the same by the Tenantes of Thriston aforesaid And as he this exa[minan]t verely supposethe the said John heron and all the rest of his asociates then and there assemblede came thither of only purpose to vexe and molest the said inhabitantes of Thriston and to hynder there lawfull possession of the said p[ar]cell of ground callede Elstrother and for none other cause or Occason whatsoev[er]

1 2.3 4 Willm Taylor of Throston aforesaid yeom[an] of the age of lxx yeres or thereaboutes sworne and examinede To the first second Thyrd and fourthe intergatoryes saythe to all intentes and purposes as his precotestes Robert Smythe hathe before deposed

1 Willm Garrett of Throston of the Age of lx yeres or thereaboutes sworne and examinede to the first intergatory saythe as his precotestes Robt Hunter haithe before deposed

2 3 4 To the second third and fourthe intergatoryes he saythe to all intentes and purposes as his precotestes Willm Taylor and Robt Smythe have before deposed

1 2 3 4 Robert Jarkson of Thriston aforesaid yeoman of the age of lx yeres or thereaboutes sworne and examinede to all intentes and purposes saythe as his precotestes Robt Smythe hathe sayd to the first second third and fourthe intergatoryes, Savinge That he dydd not see when the stroke was geven by John Heron to Robt Claye But was then present at Elstrother aforesaid and hard by the report of his neighboures that [?same?] hurt was geven by John Heron, and dydd se the heade of the said Robert Clay Bloody and hurt as is before recited//

Raphe Lawson Rychard Fynwyk

Wyllme Selby