STAC 5/H4/16

Court of Star Chamber:

Reynold Heron of Chipchase, Northumberland v William Fenwick, Mark Erington, William Fenwick Jr, John Shafton, Thomas Fenwick, John Mower, Thomas Rawe, Robert Halsey, Anthony Erington, Thomas Shafton, Oswald Fenwick, Edward Charlton, Robert Halsey Jr, Willm Halsey, John Richeson, George Bates, William Bates, Cutbert Simpson, William Sclater, George Smyth, James Button, Robert Lumley, Roger Lawson, George Simson, James Butland, ..swen Hereson, William Hereson, John Hereson, Roger Clarke, Percivall Walker, William Sisterson, John Sisterson, Anthony Cowper, John ...., Vincent Davison, John Drake, William Bell, Robert Sulle, William Stubs, William Newton, Robert Turner, Thomas Surtice, Thomas Hynmers, William Hynmers, Richard Butflower, Peter Browne, Uswen Surtice, John Surtice, Edward Thomson, William Surtice, Thomas Jopling, John Enterlingham, John Surtise, Mathew Charlton, John Charlton, Jeffrey Robson, Christopher Rydley, Thomas Rydley, William Jamson, Christopher Thompson, Randall Fenwick.

Transcript: Dave King

Bill of Complaint:

To the Queens most excellent Ma[jestie]/

Most grevously complayninge sheweth unto your highnes your true faythfull & loyall sub[je]ct Reynold Heron of Chipchase in your highnes County of Northumb[er]land gent, yt whereas the right hon[or]able the La[dy] Katherin Countesse of Northumb[er]land was seised in her demeaine as of fee for terme of her lief in respect of her dower of and in the Castle & demeasnes of Pruddowe als Prudhowe in your highnes said County of North[umber]land w[i]th thapp[er]tenances and of & in one howse or place called Hagghowse and an other howse called Hedgewell at Pruddowe aforesaid and of & in one Water Mill at Pruddowe aforesaid & of ... div[er]s landes, ten[ements] and hereditam[en]ts to the said sev[er]all p[re]misses belonginge or w[ith] the same heretofore usually occupied & enioyed and of & in all & singular tithes of haye Corne & graine in Pruddowe aforesaid and in Harlowe Hill and of & in dev[er]s & sundry yerely rents called woodhenus and of & in div[er]s daye workes w[i]th the same ... used or occupied the rev[er]con or remainder thereof to the right hon[or]able Henry Erle of Northumb[er]land belonginge or app[er]teyninge and the said La[dy] Ketherin Countesse and the said Erle beinge of the said Castell demeanes & p[re]misses w[i]th thapp[er]teances soe seised by their Indenture of demise bearing date about June in the xxjth yere of your Ma[jesties] raigne did demise, grannt, sett and to farme lett to your said sub[je]ct the said Castell, demeanes, tithes & p[re]misses w[i]th thapp[er]tenances To have and to holde the said Castell & p[re]misses w[i]th thapp[er]tenances from the feast of pentecost then last past before the date of the said Indenture unto your said sub[je]ct & his assignes for div[er]s yeres yet enduringe & [not] expired (as by the said Indenture at large appeareth) by force whereof your said sub[je]ct into the said p[re]misses entred & is thereof possessed accordingly and the issues, revenues & yerely p[ro]fittes thereof risinge & comyng ought to take & p[er]ceave, But soe it is may it please your highnes yt one John Shaftou, Tho: Fenwick, John Mowe & Tho: Rawe about the xxvjth daye of January last past unlawfully assembled themselves together and beinge armed p[re]pared & arrayed w[ith] dagges pistolls, longe billes staves swordes, daggers, privy Coates and other armor & weapons aswell invasive & offensive as defensive in riotous, unlawfull & forcible manner accompanied w[i]th div[er]s other p[er]sons to your said sub[je]ct as yet unknowen came to the said Castle and beinge soe in riotous mann[er] assembled w[ith] force & armes [at] the Barne belonginge to the said Castle wherein your said sub[je]ctes Corne did there lye did riotously forcibly and unlawfully breake & enter, and p[ar]te of the Corne of your said sub[je]ct in the strawe there beinge did thresse, and the same by them soe thresshed did w[ith] like force & armes take & cary awaye w[ith] them, and beinge demannded of your said sub[je]ct what they ... there in verie contemptuous & disorded mann[er] nothinge regardinge your Ma[jesties] lawes & statutes made & ordayned for the p[re]servacon of your Ma[jesties] peace annswered & affirmed to your said sub[je]ct that notw[ith]standing any thinge he could doe to the contrary, they wolde contynue there & threshe the said Corne w[hich] they soe did duringe all yt daye, & the next daye after one Marke Erington & Willm Fenwicke at whose p[ro]curem[en]t the said Shaftou & Tho: Fenwick w[i]th others of their company came to the said Barne & threshed your said sub[je]ctes Corne as aforesaid not beinge contented [or] satisfied w[ith] the iniuries & wronges to your said sub[je]ct p[ro]cured the daye before, but havinge assembled into their Companie many wicked desp[er]ate & riotous p[er]sons to the number of aboutes xltie (viz) Oswald Fenwick Anthony Erington Tho: Fenwick the younger, John Shaftou, Tho Shaftou and others whose names to your said Sub[je]ct are as yet unknowen & beinge likewise armed & p[re]pared w[ith] gunnes, dagges, pistolls, peternells, bills, Bowes, arrowes, longe piked staves, privy Cotes & other armor & weapons came Marching in battell arraye rounde about the said Castell of Pruddow of purpose (as your sub[je]ct thinketh) to have comitted some haynous & cruell hurt, murder and mischief to & against your said sub[je]ct & his servantes then being in or aboutes the said Castell & howse in godes peace & your highnes intendinge nether hurt nor harme to any creature lyving, and the said riotors missing to fynde your said sub[je]ct or any of his servantes the said riotous p[er]sons in riotous forcible & desp[er]ate mann[er] by the meanes & p[ro]curem[en]t especially of the said Marke Erimgton and Willm Fenwicke contynuinge their malicious purpose aforesaid entering into your said sub[je]ctes barne & then & there riotously & unlawfully did tread, spoyle & consume muche of your said sub[je]ctes Corne & graine then in your said Barne being to the great hinderance of your said sub[je]ct, and yet the said riotors not thus satisfied w[i]th the spoiling & destroying of your said sub[je]ctes Corne & graine but the said Tho: Fenwicke and Willm Fenwick by the p[ro]curement & unlawfull meanes & p[er]swacon of the said Marke Erington came to the said Castell about the vth daye of February last past & at div[er]s dayes & tymes in the monethes of February, Marche & Aprill in this xxxijth yere of your highnes most happy raigne dayly contynuing in their riottes, Rowtes & outrages being armed & arrayed in Warlike mann[er] w[ith] the weapons before mencioned being alwaies accompanied w[ith] many other p[er]sons about the number of 12. p[er]sons dayly entring & breaking into the said barne riotously & forcibly breakinge & expulsing your said sub[je]ctes & his servantes & workemen threshing of your said sub[je]ctes Corne, bringing w[ith] themother threshers to threshe the same attending on them w[ith] the weapons aforesaid whiles they threshed the same, & at the tyme of their dep[ar]ture out of the said Barne the said Thomas Fenwick & others in his company caried awaye w[i]th them your sub[je]ctes workemens Flayles & hamred newe lockes on the said Barnes doore of purpose and intent that your said sub[je]ct should not enter therein, and shortly after about the xth daye of February last past the said Marke Erington not being satisfied w[i]th all the said riottes Rowtes Unlawfull disorders & forcible entries, but still devising how to disquiett your said sub[je]ct in the occupacon of the said p[re]misses practised w[ith] one Robt Halsey the baylief of the liberty of Pruddowe that he shold under culler of his office assist them as [?p[re]ten[er]s?] in their said misdemeanors against your said sub[je]ct & to use some meanes to evict your said sub[je]ct out of his lawfull possession of the said p[re]misses w[hi]ch Robt Halsey being willing to put in use any thing the said Marke Erington shold require therein, came the said xth daye of February to the said Barne where your said Sub[je]ctes servantes were at worke & in very outragious mann[er] rayled against your said sub[je]ctes servantes swearing & terrefying them yt unles they wold desist from their worke & dep[ar]te the said Barne they shold p[re]sently to prison, by w[hi]ch meanes your said sub[je]ctes workemen & servantes were greatly terrified that your said sub[je]ct cannot gett any men to worke or to serve w[i]th him, And the said Robt Halsey not having fully p[er]formed as muche as by the said Marke Erington was required the xiijth daye of the moneth of February aforesaid being riotously & unlawfully accompanied w[ith] the foresaid Willm Fenwicke and John Shaftou being armed & arrayed w[i]th such weapons as before are mencioned came to the said Barne & fyndinge your said sub[je]ctes servantes to be in the said Barne riotously & w[ith] force [of] armes entered into the same & then & there w[ith] like force & armes did riotously beat & expulse your said sub[je]ctes servantes out of the said Barne from their Worke locking up the barnes doores w[ith] newe lockes also, and enioyned the said workemen that they nor any other shold enter into the said Barne to worke there upon paine of xls/ And the said Marke Erington & Willm Fenwicke contynuinge in their form[er] myndes to doe to your said sub[je]cte what wronges they wolde grudinge & envying that your said sub[je]ct shold lyve by them, and to the intent their mischiefes & wicked conspiracies & p[re]tences against your said sub[je]ct myght the better be shaddowed & covered the said Marke Erington & Willm Fenwicke devised, consulted & practised w[i]th one Edwd Charlton beinge undersheryf of your highnes said County of Northumb[er]land to be their ayder & assistant in some further lewde & wicked attemptes against your said sub[je]ct and that they the said Marke Erington & Wm Fenwicke w[ith] their adherentes & complices beinge accompanied w[i]th the said undersheryf might execute & doe that of longe tyme before they purposed against your said sub[je]ct it was concluded & agreed betwene them, that the said undershiryf sholde goe to the said p[re]misses & under cullor of his office aswell the said undersheryf might make some unlawfull entries into the said p[re]misses & to dispossesse your said sub[je]ct from the same, and that the said Undersheryf and the said Erington and Wm Fenwicke shold by culler of some Replevin to be sued by the said Marke Erington & Willm Fenwick or one of them enter into the said Barne and there to replevey the Corne of your said sub[je]ct in the said Barne being surmisinge the same Corne to be the Corne of the said Erington and to be wrongfully distrayned by your said sub[je]ct, under culler of w[hi]ch Repleven the said sheryf beinge accompanied w[ith] the said Marke Erington, Robt Halsey, Thomas Fenwicke, John Shaftou, Oswalde Fenwick & div[er]s others to the number of xxtie p[er]sons beinge fully bent of purpose & of malicious & unlawfull intent to take awaye your sub[je]ctes said Corne p[ar]te of it then being thresshed & p[ar]te in the mowe or Rookes unthresshed and they being prepared armed & appointed w[ith] gunnes, Muskettes, Callyv[er]s, bills, bowes Lannces, swordes, daggers & other weapons forcibly riotously & routously the xxvth daye of Marche aforesaid did enter into your said sub[je]ctes Barne and there did (as they affirmed) replevey the said Corne (as if the same had been the prop[er] goodes and Chattells of the said Marke Erington, whereas the said Corne was not by lawe repleviable, nether was distrayned by your sub[je]ct but by him lawfully possessed and thereby lawfully deteyned as his owne goodes of w[hi]ch your said sub[je]ct having intelligens and seeinge the said undersheryf there soe accompanied & armed came fourth of his said howse in great dannger & dread of his lief & demannded of the said undersheryf the cause of his comyng thither who made this Annswere to your said sub[je]ct that he came to replevy the Corne in the said Barne and to deliv[er] the same to the said Marke Erington, and your said sub[je]ct then told the said undersheryf that the said Corne was his and not the said Eringtons and claymed prop[er]ty therein, and assertened the said undersheryf of his title aforesaid and offered him suerties to annswere the same, yf by your Ma[jesties] lawes it shold fall out the same shold be adiudged to be the said Eringtons or Fenwickes, and thereupon required the said sheryf to forbeare and not to proceede any further in deliv[er]ing your said sub[je]ctes Corne to the said Erington, and that Erington and your said sub[je]ct might trye their prop[er]ties thereof by lawe, but the said undersheryf was by the meanes & procurem[en]t of the said Marke Erington and Willm Fenwicke the high Sherif soe farre of from doing his duety or executing iustice towardes your said sub[je]ct that he utterly refused to [a]ccept that Annswere or to yelde to any reason against all lawe and equity neither wold make returne of your sub[je]ctes clayme of prop[er]ty aforesaid by w[hi]ch meanes the said Erington and the said Wm Fenwicke together w[ith] the said Oswald Fenwick and Robt Halsey came the next daye after to your said sub[je]ctes Barne and then & there w[ith] like force & armes having p[ro]vided ready for their purpose div[er]s labourers who by the meanes and p[ro]curem[en]t of the said Marke Erington did thresshe your said sub[je]ctes Corne and the same Caried awaye w[ith] them, the said Oswald Fenwick and the said Robt Halsey w[ith] div[er]s others being armed and p[ro] vided w[ith] weapons as aforesaid attending on the said labourers du[ring] the tyme they were thresshing of the said Corne/ And further Maye it please your highnes that the said Marke Erington, Willm Fenwicke & the s[ai]d undersheryf havinge had their pleasures of your said sub[je]ctes Corne, and not soe contenting themselves, but seeking and intending alsoe some corporall displeasure & revendge to your said sub[je]ct about the xxxth daye of Marche last past being accompanied w[i]th xx men on horseback armed w[ith] Lannces, privy Cotes, dagges, pistolls, handgunnes, peternells, Crosbowes, Bills, bowes ... swordes, daggers & other armor, munycons & weapons ready prest to warre came ryding to your said Castell of Pruddowe where your said sub[je]ct then was and being soe armed prepared & weaponed the said Marke Erington & the said undersheryf w[i]th the rest of their adherentes & associates marched in battell arraye about the said Castell seeking & inquiring for your said Sub[je]ct sayinge where is he? where is he? and fayling to fynde your said sub[je]ct abrode that they might have had their pleasures upon him & fearing that your said sub[je]ct if they shold be seene about the said howse; then your said sub[je]ct woode not come fourth that they might be satisfied of their purposes & expectacons, the said Marke Erington & the said sheryf placed their said men to lye in Ambusshe about the said howse in some secrete place and some in an other, and others they appointed to goe scowting abrode to see if they colde fynde where your said sub[je]ct was, and afterwardes having certen intelligence of your said sub[je]ctes being in the said Castell or howse, & p[re]tending that your said sub[je]ct shold not escape their handes by keeping himself w[i]thin the said Castle, the said Marke Erington & the said sheryf the last of Marche unlawfully & riotously assembled into their companies the said Robt Halsey thelder, Robt Halsey the younger, Willm Halsey, John Richesone, George Bates, Willm Bates, Cuthbert Simpson, Willm Sclater, George Smyth, James Button, Robt L...ley, Roger Lawson, George Simpson, James Buttland, Cuswen Hereson, Willm Hereson, John Hereson, Roger Clarke, Percivall Walker, Willm Sisterson, Anthony Cowp[er], John ...end..., Vincent Davison, John Crake, Willm Bell, Robt Sulbe, Willm Stoukes, Willm Newton, Robt Turner, Tho: Surtice, Tho: Hynmers, Willm Hynmers, Richard Butflower, Peter Browne, Uswen Surtice, John Surtice, Edw: Thomson, Willm Surtice, Tho: Jopling, John Enterlingham, John Surtice, Mathew Charlton, John Charlton, Jeffrey Robson, Xpofer Rydley, Tho: Rydley, Willm Jameson, Xpofer Thomas, Randoll Fenwick and div[er]s others to the number of CC p[er]sons the names whereof to your said sub[je]ct are as yet unknowen, and in riotous rowtous & rebellious manner being armed, prepared & appointed aswell w[ith] the weapons, armor & municon before mencioned as w[i]th gleves, holberdes, polaxes, long staves, clubbs, swordes, daggers and other weapons, & also being p[re]pared w[ith] all mann[er] of riotous instrumentes to make & comitt riottes, rowtes rebellions, and other misdemeanors w[i]th as axes, hatchettes, shovells, spades, picke axes, and gavelockes, w[hi]ch last named p[er]sons by the Comandm[en]t & abettem[en]t of the said undersheryf & the said Marke Erington w[ith] their instrum[en]ts aforesaid did in most riotous rebellious, rowtous & wicked mann[er] w[ith] force & violence hew & cutt downe div[er]s great and strong gates of and about the said Castell & other p[ar]cells of the walles about the same did digge & throwe downe to the great ruyne & decaye of the said Castell and to the manifest & apparant contempt of your highnes lawes & statutes made & ordeyned for the p[re]servacon of your Ma[jesties] peace by w[hi]ch meanes your said sub[je]ct nor any of his servantes or families durst not adventure out of the said howse to goe about their necessary occasions w[i]thout p[er]ill & dannger of their lyves, and for that they the said Marke Erington & the said undersheryf w[ith] the p[er]sons aforesaid could not attaine to their p[re]tended and wicked purpose in such convenient tyme as they expected, the said Marke Erington & the said under shiryf caused & p[ro]cured the p[er]sons aforesaid & about the nomber of CC p[er]sons furnished & armed w[ith] the weapons afores[ai]d to watche about the howse for your said sub[je]ct, that there shold nothing be caryed out of the said howse untill further direccon should be geven to them for their dep[ar]ture by Willm Fenwick the high sheryf of the said Countie of Northumb[er]land by force of w[hi]ch comanndem[en]t the foresaid p[er]sons riotously & rebelliously contynued & remayned watching about your said sub[je]ctes howse as aforesaid for the space of aboutes a weeke not suffering your said sub[je]ct nor any of his famely to come furth of the said howse nor any to enter into the same to visit your said sub[je]ct, to the great terror & hassarde of your said sub[je]ctes lief, albeit your said Sub[je]cte had sundry tymes enformed him both of his title to the said Corne & affirmed the prop[er]ty thereof to be his your said sub[je]ctes, and that therefore as alsoe for dannger of the losse of the corne the same was not to be deliv[er]ed by the Sheryf out of your sub[je]ctes possession by couller of the said Replevin w[hi]ch was devised and p[ro]cured of purpose by the said high Sheryf & undersheryf to cloke their unlawfull p[re]tence, After w[hi]ch maye it please your highnes [th]at the said Marke Erington, the said sheryf & undersheryf not obeyinge of their purposes nor resting then contented w[i]th the tumultes and rebellions aforesaid soe by them p[ro]cured all growing by the p[ro]curem[en]t of the said Willm Fenwick of Wellington high Sheryf of the said County of mallice by him borne against your said Sub[je[ct, in w[hi]ch mallice he & his said complices p[er]severing still w[i]th their deadly hatred towardes your said sub[je]ct the said Willm Fenwick the sheryf w[ith] div[er]s others of the riotous [per]sons aforesaid came to your said sub[je]ctes howse about the xiiijth of Aprill last past & missinge to fynde your said Sub[je]ct entered into the saide barne where your said sub[ject] ... John Mowe henry Eldrington, Gilbert Swynborne & Edward Marshall thresshing of your said sub[je]ctes Corne to whome the said high sheryf using some speeche & after comitted your said Sub[je]ctes workemen toward the toll Bowthe ... Owengham in your highnes said County of Northumb[er]land where they were kept [in] close prison for that night w[ith] a straight watche ... about the said prison that they shold not have conference w[i]th any p[er]sons for ... p[ro]cur[ing] of their enlargem[en]tes and not soe satisfied for the hatred & displeasure the said high sheryf beared towardes your said sub[je]cte the said Sheryf caused the said Gilbt Swynborne, John Mowe, Henry Eldrington & Edwd Marshall to be carried to ...wick Castle where he kept them in prison, alsoe for div[er]s dayes to the great hinderance of your said sub[je]ct & of the said Gilbt Swynborne, John Mowe, Henry Eldrington and Edwd Marshall & to the great and manifest contempt of your Ma[jesties] lawes in that behalf made & provided/ In consideracon whereof the p[re]misses considered for that the said Riottes, Rowtes, forcible entries wrongful imprisonm[en]tes & other misdemeanors were ...ely and chiefely by the Countenance and under culler of the office of Sheryfwike and under culler of their auctherities thereby, having by their false returnes & by ...turnyng of the trueth obteyned sundry writes of al[ia]s and [?plures Replegirre] (as they have sithence geven fourth whereas yf they had returned your Sub[je]ctes clayme of prop[er]ty no such writes could have ben grannted w[hi]ch their misdeedes therefore ought to receave more sharpe & severe ponishement for the same, And for that alsoe the said Riottes, Rowtes, forcible entries and other misdemeanors and the p[er]petrators of the same as yet remayne & contynue altogether unponished for their [said] sev[er]all offences to the great incouragem[en]t & imboldening of such and the like evill & disposed p[er]sons to comitt & p[er]petrate the like/ Maye it please your highnes to grannt to your said Sub[je]ct your Ma[jesties] most gracious sev[er]all writes of subpena to be directed to the said Willm Fenwick, Marke Erington, Willm Fenwicke the younger, John Shaftou, Tho: Fenwick, John Mowe, Tho Rawe, Robt Halsey, Anthony Erington, Tho: Shaftou, Oswald Fenwick, Edw Charlton, Robt Halsey the younger, Willm Halsey, John Richeson, George Bates, Willm Bates, Cutbt Simpson, Willm Sclater, George Smyth, James Button, Robt Lumley, Roger Lawson, George Simson, James Butland, Ouswen Hereson, Willm Hereson, John Hereson, Roger Clarke, Percivall Walker, Willm Sisterson, John Sisterson, Anthony Cowp[er], John Ge..., Vincent Davison, John Crake, Willm Bell, Robt Sulbe; Willm Stubs, Willm Newton, Robt Turner, Thomas Surtice, Thomas Hynmers, Willm Hynmers, Richard Butflower, Peter Browne, Uswen Surtice John Surtice; Edw: Thomson, Willm Surtice, Tho: Jopling, John Enterlingham John Surtice, Mathew Charlton, John Charlton Jeffrey Robson, Xpofer Rydley, Thomas Rydley, Willm Jamson, Xptofer Thomson, Randall Fenwick & every of them &c

Answer of Willm Fenwicke:

xj die Junij Ao Dm ..... Ao xxxiij ... Eliz apud vill Newcastle sup[er] Tinam Robert Atkynson mayor Mark Shafto

The Annswer of Willm Fenwicke Deffendannte to the Bill of Complt of Reignold Heron Complt

The saied Deffendannte saieth That the saied Bill of Complt is verie incertaine and insufficient in the Lawe to be annswered unto for divers and sundrie manifest and apparannt imp[er]feccons in the same bill of Complt contained, and that the same (as this deffendt doth verelie thinke) is rather framed upon Mallice to vex and trowble this deffendannte inhabiteing in Northumb[er]lande wherebie to putte him to greet Charges and expences then upon anie iuste cause or grounde of suite. yet nevertheles the benefitte of excepcon to thincertaintie and insufficiencie thereof to the saied Deffendannte at all times res[er]ved; then and not otherwies this Deffendannte saieth That as towcheinge anie riottes rowtes or other misdemeanors supposed in the saied Bill to be done by him or by his measnes or p[er]swasion, That he is thereof (as he hopeth manifestlie to prove) not guiltie All w[hi]ch matters this Deffendannte is readie to Averr and prove as this honorable courte shall awarde, And praieth to be dismissed w[i]th his reasonable costes and Charges in this behalf wrongfullie sustained.