Court of Star Chamber:
Thomas Ogle v Raphe Gray, Roger Gray, Mathew Foster, Robte Gray, Richard Parker, John Procter, Thomas Hall, George Gray, Archbald Armestronge, Edward Tyers, Edward Standley, Mathew Davison, Cuthberte Nicholl, Thomas Gray, Michaell Clerke, Oliver Johnson, Richard Johnson, Willm Johnson, Mathew Johnson, Thomas Clerke, Jasper Cuthberte ,John Edward als Humffreys, John Cuthbert, Robson, George Tuggill, John Tuggill, Francys Dixon, James Tuggill, Cuthberte Fawdon, John Atcheson, Henry Gray and James Lawson
Transcript: Dave King
Bill of complaint:
[note: many of the gaps in this bill are due to the poor quality of the image and thus may be be filled in due course by reference to the original]
dated on reverse: Jovis Vicesimo Nono Octobris Anno xliij Elizabeth Regine Willm Hill
To the Queenes most excellent ma[jestie]
In most humble manner Complayneing sheweth unto your most excellent ma[jestie] your highnes humble faithfull and obedyent Subiect Thomas Ogle of Dissington in the County of Northumberland gentleman That .... your highnes .... and yet is lawfully seised in your demeasne as of Fee as in the right of your highnes Crowne of England of the Rectory of Ellingham als Eglingham in the sayd County of Northumberland and of the Tythes of Corne and grayne yearely and from tyme to tyme comeing groweing or reneweing w[i]thin the Towne Feildes p[ar]ishes or hamletts of East Lilburne Bassendon Titlington and West Lilburne in the sayd County of Northumberland and allso of and in the moiety or one halfe of all the Tythes of Corne and grayne yearely and from tyme to tyme comeing groweing or reneweing in the Townes Feildes p[ar]ishes or hamletts of Ould Bewicke Weperden Hedgeley Beneley Eglingham C..wley H...pp ..... Bewicke in the says County of Northumberland as p[ar]cell or belongeing unto the sayd Rectory of Ellingham als Eglingham And your ma[jestie] being thereof so seised did by your highnes most gracyous Letters Pattents under the great Seale of England beareing date at Westmynster the Sixe and Twentyeth Day of February in the Three and thirtyeth yeare of your highnes Raigne for the consideracon in the sayd Letters Pattents mentioned demyse grannt and to Ferme lett unto one Clement Ogle your Subiects late father the sayd Tythes of Corne and grayne yearely and fromtyme to tyme comeing groweing or reneweing in the sayd Towne Feildes p[ar]ishes or hamletts of East Lilburne Bassenden Titlington and West Lilburne or in any of them w[i]thall and singular there rights and appurtenances to them belongeing and allso the moiety or one halfe of all the sayd Tythes of Corne and grayne yearely and from tyme to tyme comeing groweing or reneweing in the Towne Feildes p[ar]ishes of hamletts of Ould Bewick Weperden Hedgeley Beneley Eglingham als Ellingham C..wley Harrupp and New Bewicke and in any of them p[ar]cell of the sayd Rectory of Eglingham als Ellingham and lately belongeing or app[er]teyning to the late dissolved monastery of St Allbons and sometyme p[ar]cell of the possessions thereof To have and to hould the sayd Tythes of Corne and grayne .. and all and singular other the p[re]misses w[i]th there appurtenances whatsoever to them or any of them belongeing or app[er]teyning unto the sayd Clement Ogle his executors and assignes fromthe Feast of St Michaell tharchangell last past before the date of the sayd Letters Pattents unto the full end and terme of One and Twenty yeares thence next enseweing fully to be complete and ended yealding and payeing there... yearely ....... highnes your heires and Successors the yearely Rente of Twelve pownds and tenne shillings at the Feaste of the A...cyacon of the blessed virgin Mary and St Michaell tharchangell by even and equall porcons ... by the sayd Letters Pattents more at large appeareth By force whereof the sayd Clement Ogle your Subiects sayd father entered into all the sayd Tythes of Corne and grayne to him devysed as aforesayd and was thereof lawfully possessed accordingly and the sayd Tythes yearely comeing and reneweing w[i]thin the said Townes did receive and take to his owne use untyll the tyme of his death and dyed thereof soe possessed ........ after whose death the Admynistracon of all the goods and Chattells whereof he the sayd Clement Ogle dyed possessed was lawfully grannted and comytted by Clement Colmer Doctor of Lawe and Comissary to the Bishopp of the Dioces to whom the comytting therreof did app[er]teyne to your Subiect By force whereof your subiect entered into all the sayd Tythes of Corne and grayne soe to the sayd Clement Ogle your Subiects father by the sayd Letters Pattents demysed and the sayd Tythes since the death of the sayd Clement Ogle comeing and reneweing w[i]thin the sayd Townes hathe allwayes untyll this last yeare peaceably ...................... and taken But now soe yt is yf it may please your most excellent ma[jestie] That one Raphe Gray of Chillingham in the sayd County of Northumberland Esquier ....meing the g... [?estate?] of your Subiect and .......... of his ..... might power and Cownteynance in those p[ar]tes of your highnes Realme (he being a man allyed and of kindred to all or the most p[ar]te of the men of any worthe in that Countrey) violently and by force ............ your Suibiect .......... possession of the sayd Tithes whereof he and the sayd Clement Ogle his father had bene soe possessed as aforesayd did to that ende and to that purpose upon the [?Sixt?] day of September in this p[re]sent xliijth yeare of [your] highnes Raigne sende for one Richard Parker being servant unto him the sayd Raphe Gray and for divers other ........................................... your Subiect to come to his the sayd Raphe Gray to his howse to Chillingham aforesaid ........................................................................................ to the number of Thirty at the least whose names are yet unknowne to your Subiect being .............. did then and there unlawfully devise plott .... ..................................................... in the ende by the p[er]swasion procurem[en]t sollicytation or Commandem[en]t of the sayd Raphe Gray ............................. that he the sayd Richard Parker and the rest of ........................................................... aforesayd Tythes of Ould Bewicke and take and carry the same away And for the p[er]formeing and ..... of .... sayd plott and devise he the sayd Richard Parker ........................................................... your Subiect dothe not yet knowe and therefore humbly prayeth he may have liberty to inserte there names into this Bill when he shall have notice thereof being ........................................................... speares jacks Steele Cappes horse mens peeces pistolles Swordes Daggers and other weapons and ..... weapons aswell invasive as defensive and not haveing ........................................................... wholesome lawes and Statutes made for suppresseing of Ryotous and unlawfull assemblyes did by the procurem[en]t p[er]swasion instigation and Commandm[en]t of the sayd Raphe Gray upon the Seaventh day of September now last past ....... the sayd xliijth yeare of your highnes most gracyous Raigne in most Ryotous warlike and unlawfull manner assemble themselves at Ould Bewicke aforesayd And soe being assembled the sayd Richard Parker and the rest of the sayd Ryotous p[er]sonnes as yet unknowne to your sayd Subiect did upon the sayd Seaventh day of September now last past at Ould Bewicke aforesayd w[i]th force and Armes and in most ryotous warlike and unlawfull manner leade take and carry away all the Tythe Corne w[hi]ch did growe and renewe w[i]thin the Towne Feildes of Ould Bewicke and w[hi]ch was then sett forthe and severed from the Nynthe p[ar]te w[hi]ch of right did belonge and app[er]teyne to your Subiect wherupon your Subiect did in quiett and frindly manner ymediately after the sayd Ryoutous p[er]sons were dep[ar]ted w[i]th the sayd Tithe Corne sende one Thomas Collingwood unto the sayd Raphe Gray to give him knowledge how that his servant Richard Parker and a great number of other p[er]sons had riotously w[i]th force and Armes taken and carryed away your Subiects sayd Corne your Subiect thinkeing that the sayd Mr Gray would upon the sayd frindly message have redressed your Subiects sayd wronges but the sayd Raphe Gray intending as yt seemeth by the sequele to make your Subiect weary of his interest did give [?words?] and discurteous speaches and sayd unto the sayd Thomas Collingwood that he would reave those Tythes away from your sayd Subiect or from any that would take his p[ar]te this worde (Reave) being a phrase of speeche used in that Countrey signyfieing that he would w[i]th stronge hand take them away And the sayd Raphe Gray to performe this his Annswere and purpose did upon the next day then followeing being the Eight day of September now last past at Chillingham aforesayd in the sayd County of Northumberland unlawfully move p[er]swade incyte sollicyte commande and procure the sayd Richard Parker and Edward Tyers Edward Standley Mathew Davyson Cuthbert Nicholl Thomas Gray Michaell Clerke Oliver Johnson Richard Johnson Willm Johnson Mathew Johnson Thomas Clerke Jasper Cuthberte John Edward ......... John Cuthbert Robson George Tuggill John Tuggill Francys Dixon James Tuggill Cuthberte F..edon John Atcheson and Henry Gray and a great number of other p[er]sonnes whose names your Subiect dothe not yet know ..... of them being Scotishe men to take lead and carry away all suche Tythes of Corne and grayne as were lefte and sett forthe for Tythe in the Feild of East Lilburne in the sayd County of Northumberland and that yf ............. sayd Subiect or any other p[er]son or p[er]sonnes whatsoever should offer or goe abowte to stay resiste or hinder them from soe doeing that then they should kill lame or mayme suche p[er]son or p[er]sonnes soe resisteing them as aforesayd According to w[hi]ch sayd p[er]swasyon and comandem[en]t they the sayd Richard Parker Robte Gray George Gray Thomas Hall Archbald Armestronge Edward Tyers Edward Standley Mathew Davyson Cuthberte Nicholl Thomas Gray Michaell Clerke Oliver Johnson Richard Johnson Willm Johnson Mathew Johnson Thomas Clerke Jasper Cuthberte John Edward ..... ..ffreys John Cuthberte Robson George Tuggill John Tuggill Francys Dixon James Tuggill Cuthbert Fawedon John Atcheson and Henry Gray w[i]th divers other p[er]sonnes to the number of Forty at the least whose names your Subiect dothe not as yet knowe being all of them armed and arrayed w[i]th Bowes Billes Gunnes Lance staves Speares Jacks Steele Cappes horse mens peeces pistolles Swordes Daggers and other unlawfull and warlike weapons aswell invasive as defensive and [without] haveing the feare of god before there eyes ......... dewe regarde of your highnes most wholesome lawes and Statutes made for suppressing of ryotous and unlawfull assemblyes did by the procurement abettm[en]t comandm[en]t and p[er]swasyon of the sayd Raphe Gray upon the Nynthe day of September now last past in most ryotous warlike and unlawfull manner assemble themselves at East Lilburne aforesayd and being soe assembled did then and there w[i]th force and armes ..... most ryotous warlike and unlawfull manner lead take and carry away all the Tythes of Corne w[hi]ch was sett forth and severed from the Nyne p[ar]tes w[i]thin the Feild of East Lilburnebeing very muche in ...tity ... w[hi]ch did belonge to your Subiect And .... soe satisfied but thirsteing as it seemed after your Subiects lyfe he the sayd Richard Parker and all the rest of the aforesayd malefactors did then and there upon the sayd ....the day of September now last past, most Ryotouslye barbarously and inhumanely assaulte and sett upon your Subiecte and one Richard Ogle your Subiects brother who did but only in a quiett manner offer to stay and diswade them from takeing away the sayd Tythes and did then and there most crewelly hurte wounde beate and evill intreate your sayd Subiecte and the sayd Richard Ogle and gave your said Subiect one great wownde and to the sayd Richard Ogle ................. ...................... they were ................................. and they contynewed this there Ryotous and furious assaulte by the space of halfe an hower dureing w[hi]ch tyme one John Collingwood your ma[jesties] Balife of Berwicke and East Lilburne came and comanded them in your ma[jesties] name to keepe your ma[jesties] peace but they nothinge regardeing that but being as it were more inraged thereby did strike at the sayd Balife and did hurte his horse whereupon he .... w[i]th a Sworde and the sayd Richard Parker sayd that they came for the Tythe and they would have it to Chillingham yeard meaneing the yeard of the sayd Raphe Gray though it cost never soe muche blood And the sayd Raphe Gray not thus contented but styll contymeweing the malisious purposes against your Subiect w[hi]ch he had w[i]thout any iust cawse conceived and for the further overthrowe and undoeing of your Subiect and for the better connteynanceing of all the aforesayd misdemeanors soe by him procured did upon the day then next followeing being the Tenth day of September now last past procure one Roger Gray Mathew Foster Robte Gray Richard Parker John Procter Thomas Hall and divers other p[er]sonnes to the number of Fowerskore at the least whose names are yet unknowne to your Subiect to assemble themselves togeather at West Lilburne aforesayd and being then and there assembled as aforesayd and all of them being armed and arrayed w[i]th .... Billes gunnes lancestaves Speares Jacks Steelecappes horsemens peeces pistolles Swordes Daggers and other unlawfull and warlike weapons aswell invasive as defensive they the sayd Raphe Gray Roger Gray Mathew Foster .... Gray Richard Parker John Procter and Thomas Hall and the rest of the sayd malefactors being in all to the number of Fowerskore p[er]sons and being armed as is aforesayd did w[i]th force and Armes in most ryotous warlike and unlawfull manner come into the Feild of West Lilburne aforesayd and did from thence lead take and carry away all the Tythe Corne of West Lilburne before it was fullt ready for leadeing and your Subiect seeing the sayd Raphe Gray in his owne p[er]son there w[i]th soe great to multitude did request them in frindly manner to desiste from these Ryotous courses but they theren.. more inraged did for the further manifestacon of there wicked and unlawfull purpose sett forthe some p[ar]te of the Tythe w[hi]ch was not sett forthe by the sev[er]all owners at there comeing thither and in ryotous manner tooke and carryed that allso away w[i]th them And the sayd Raphe Gray contynewing these his disordered ryotous and unlawfull assemblyes did likewise upon the Fowertenth day of September then next followeing in this p[re]sent xliijth yeare of your highnes raigne procure sende and comande one Edward Tyers and James Lawson his servants w[i]th Five other p[er]sonnes in there company whose names your Subiect as yet knoweth not to goe unto Harrupp aforesayd whither they the sayd Edward Tyers and James Lawson and the sayd other Five unknowne p[er]sons being come they by the p[ro]curem[en]t and comandem[en]t of the sayd Raphe Gray being armed and arrayed w[i]th pistolls Swordes Daggers and other unlawfull and unusuall weapons did w[i]th force and Armes upon the sayd Fowertenth day of September now last past in most ryotous warlike and unlawfull manner enter into the Feildes of Harrupp aforesayd and did from thence lead take and carry away all the Tythe Corne of Harropp w[hi]ch did likewise belonge and app[er]teyne to your sayd Subiect All w[hi]ch aforesayd Ryotts Rowtes unlawfull assemblyes misdemeanors and other the aforesayd offences are contrary to your highnes Lawes and were all of them comytted and done sithence your ma[jesties] last gen[er]all and Free p[ar]don and more to the great terror of your ma[jesties] Subiects there inhabyteinge in those [?forrein?] p[ar]tes of this your Realme and doe tende to the utter overthrowe and ympoverishem[en]t of your poore Subiect and will be to the evill example by incorageing of many others in those p[ar]tes of your Realme to comytt the like .. such tumultuous and rebellious assemblyes Ryotts and misdemeanors ... ... escape unpunished May it therefore please your most excellent ma[jesty] the premisses dewly considered to grannt unto your Subiect your highnes most gracyous wrytte of Subpena to be directed to the sayd Raphe Gray Roger Gray Mathew Foster Robte Gray Richard Parker John Procter Thomas Hall George Gray Archbald Armestronge Edward Tyers Edward Standley Mathew Davison Cuthberte Nicholl Thomas Gray Michaell Clerke Oliver Johnson Richard Johnson Willm Johnson Mathew Johnson Thomas Clerke Jasper Cuthberte John Edward als Humffreys John Cuthbert Robson George Tuggill John Tuggill Francys Dixon James Tuggill Cuthberte Fawdon John Atcheson Henry Gray and James Lawson there[by] comandeing them and ev[er]y of them at a certein day and under a certein payne therein to be limytted to be and p[er]sonally to appeare before your highnes most ho[nourable] privy Counsell in the high Courte of Starchamber then and there to annswere the p[re]nisses and further to stand to and abyde suche further order and direction therein as to your highnes sayd Counsell shalbe thought meete and convenyent And your Subiect shall (as nevertheles is dewty bound) daily pray unto god for the longe and happy p[re]servacon of your most Royall ma[jestie] in peace longe to rule and raigne over us
Answer of Richard Parker:
[note: this answer is damaged & faded in the top right corner, thus some of the gaps cannot be retrieved]
.......... Februarye Anno 44 Elizabeth Reg... Willm Mill
The Annsweare of Richard Parker one of the defendts to the Bill of Complainte of Thomas Ogle gent Complt
The said defendt savinge unto himself nowe and att all tymes here after all benifytt and advantage of excepcon to the inc[er]taintye, and insufficiencye of the said bill of Complainte .........[ans]were there unto Annswereth and saieth ....... defendt thinketh) that the Quens moste excellent Ma[jestie] was and yet is lawfully seised in her highnes demesne as of Fee as in the [Right] of her highnes Crowne of England of & in the Rectory of ............ als Eglingham in the Countye of Northumberland and of th. ......... and graine yearely and from tyme to tyme cominge growinge or renewinge w[i]thin the Towne feilds p[ar]sihes or hamletts of East Lylborne Bassenden Tyttlington and West Lilborne in the said County of Northumberland and also of .............. haulf of all the tythes of Corne & graine yearely and from tyme to tyme comynge growinge or renewinge in the Towne feilds p[ar]ishes or hamletts of Ould Bewick Wep[er]den Hedgley Benely Eglingham Crawley Ha.... ..... County of Northumb[er]land as p[ar]cell of or belonginge unto the said Rectory of Ellingham als Eglingham, And her highnes soe beinge thereof seized by her highnes l[etters] Pattents under the great seale of England bearinge date at West[minster] ........................ of February in the xxxijth yeare of her ma[jesties] raigne for the Consideracon therein menconed & expressed did demise & grannt the said tithes & moyty of Tithes (amongest other [things]) unto Sir ....................... of all those tythes of Corne and grayne yearely and from tyme to tyme encreasinge cominge or Renewinge w[i]thin the Townes fields p[ar]ishes or hamletts of Est Lilborne, Bassingden, Ellingham and West [Lilb]orne or in any of them ......... County of Northumb[er]land ...... and all that moytie or haulf p[ar]te of all the tithes of all the Corne and graine yearely and from tyme to tyme increasinge Cominge growinge or renewinge of and in the Townes fieldes p[ar]ishes or hamletts of Ould Bewick .............. Hedgley Benelye Ellingham Crawley Harrupp .......... or in every or in any of them in the said Countye of Northumb[er]land and w[hi]ch are p[ar]cell of the Rectorie of Ellingham als Eglingham in the said County of Northumb[erland] late to the Monastery of St Albns belongeinge ................................. thereof .........And w[hi]ch before yt tyme were by a form[er] lease thereof grannted to one Clement Ogle by her highnes l[etters] pattents under the great seale of England, bearinge date at Westm[inster] the 20th [of] February in the xixth ............................................ from the Feast of ......... then last past for the terme of one & twenty yeares and for the Annell rent of xijli xs To have & to holde all the said tithes & moietye of tithes p[ar]cell of the said Rectorie of Ellingham als Eglingham aforesaid by the said ........... demised .......... their ........ Sir Henry Woodrington his Executors and assignes From the tyme that thefforesaid demise & grannt thereof made to the said Clement Ogle as is aforesaid by expiracon, Surrender forfeiture or ..terminacon or anye other ..................................................... ............................................................... folloinge, fully to be Complett & ended as by the said l[etters] pattents emongest other thinges therin Conteyned more at large it doth & may appeare by vertue whereof the said Sir Henry Woodrington ....... of the said interest of ......... tythes ..................................... menconed, And he beinge soe therof poss[ess]ed uppon good Consideracon to him paide by one Raffe Graye of Chillingham in the said County of Northumb[erland] Esquire in the bill of Complaint named, Assigne ,,,,,,, said interest in and to the said tithes ......... tythes .......... said Raphe Graie by his deed in writinge bearinge date uppon or abowte the xxvijth day of November in the said xxxiijth yeare of her ma[jesties] raigne By vertue whereof the said Raphe Graie was .... of the said interest of tithes and ....... of tythes ......................... so beinge thereof poss[ess]ed the said Clement Ogle (as this deft thinketh) well knowinge of both the said l[etters] Pattents to Sir Henry Woodrington and of his ass....ment thereof to the said Raphe Graie, secrettly & Cov...ously surrendered his foresaid terme ........ highnes and tooke a newe grannt thereof from her Ma[jestie] by l[etters] pattents dated the xjth day of February in the 33th yeare of her highnes raigne thinckinge thereby to take some advanntage against the said Raphe Graie (as this defendt thinketh) and this deft further saieth (that as he hath harde) that the said Raphe Graie when the said Clement Ogle for..... was to expire by eff....tion of tyme entered into the said premisses, but the said Clement Ogle .............. of the said l[etters] pattents made unto him ... ... three and thirtith yeare of her ma[jesties] raigne w[i]th held the said Raphe Graie from the poss[ess]ion of the same, where uppon the said Raphe Graye Exhibited an Englishe bill into her ma[jesties] Court of Exchequer ............... the said Clement Ogle ...... his title aforesaid, To w[hi]ch said bill the said Clement Ogle appeared & annswered & the said matter was at yssue and a Comission grannted fourth of her Ma[jesties] Courte to examine Witnesses in the said matter .... before the said suyte came to hearinge the said Clement Ogle dyed after whose death the said Raphe Graye did exhibite a bill of Revivor in her ma[jesties] said Courte of Exchequer Chamber against Thomas Ogle the ... Complt ... as administrator to the said Clement Ogle ... [?claymed?] to holde the said tythes & moitie of tythes after his the said Clements decease and thereuppon obtayned her ma[jesties] p[ro]ces of Subpena forth of her ma[jesties] said Courte of Exchequer chamber against the said Thomas Ogle to appeare and Annswere the said bill at a certain day in the said Subpena menconed to w[hi]ch bill the said Thomas Ogle in Michellmas terme in the xlijth and xliijth yeares of her ma[jesties] said raigne made annswere & in his said Annswere made title to the sayd p[re]misses by the said l[etters] pattents made unto the said Clement in the aforesayd three and thirtith yeare of her highnes raigne and by l[etters] of Administracon of the goods & chattells of the said Comitted unto him from the Ordinarye of the Dyoces of Durisme .... .... the p[re]misses be whereupon the said Raphe Graie beinge informed by his Councell learned that neither of the Annsweres of the said Clement or Thomas Ogle were sufficient unto the Complts .... sett fourth aswell in the said first bill as in the Bill of Revivor for that herein the sayd Raphe Graie the Complt claymed by a grannte from her highnes by l[etters] pattents made unto the said Sir Henry Woodrington in or abowte the xvith day of February in the aforesayd xxxijth yeare of her ma[jesties] raigne appe...inge of Record in her ma[jesties] highe Courte of Channcery & the tytle w[hi]ch the said Clement and Thomas Ogle made in their Annsweres was also by Re..... .... her highnes Court ............. the l[etters] pattents of the said Sir Henry Woodrington that is to say in or aboute the xvjth day of February in the 33th yeare of her ma[jesties] said raigne [?without?] shewinge any speciall matter in eyther of their said Annsweres to avoyde or overthrowe the said Raphe Graie the then Complts title by the sayd first menconed l[etters] pattents made to the said Sir Henry Woodrington as aforesaid and this defendt further saieth that uppon thinsufficiency of the Annswere of the said Thomas Ogle to the said bill of Revivor the said Raphe Graie then plt by his Counsel moved the said Courte of Exchequer in hillary terme in the three and Fortith yeare of her ma[jesties] raigne to have an Iniunction for the poss[ess]ion of the said Tithes and moitie of Tithes in Questyon Whereuppon it was ordered uppon or abowte the [?xxvjth?] daie of January in the said xliijth yeare that the bill & annswere of the then plt and defendt should be referred to Mr Barron Savill to be consydered of and he to deliv[er] his opinion therein and then the Courte would proceed ..... as the Cause should require or to the like effecte and this defendt further saieth that afterwards aboute the xjth daie of February in the said xliijth yeare of her ma[jesties] said raigne upon p[er]usall of the said Bill and Annsweres by the said Mr Barron Savill accordinge to the said order of the xxvjth of January aforesaid yt was then ordered that for asmuche as the Complt Raphe Graie had made title unto the said Tithes by the said grannt thereof ..... her ma[jesty]e made to the said Sir Henry Woodrington knight (whose estate the said then plt claymed) in the xxxijth yeare of her highnes Raigne for the terme of Fiftye yeares to begyn after thexpiracon forfeiture Surrender of ...... lease made to Clement Ogle the defendt father w[hi]ch was then [?surrendered?] and this defendt confessinge the same surrender in his Annswere made tytle to the same by a grannte from her ma[jesty] for xxjth yeares made after to the said Clement Ogle (und.... .... deft claymed) in the xxxiijth yeare of her highnes Raigne w[i]thout shewinge any speciall matter to avoide the said former l[etters] pattents or grannte made to Sir Henry Woodrington the said defendts Annswere was insufficient And therefore ... Subpena should be awarded against the said deft to put in a better Annswere by the second retorne of the next terme or otherwaies the Courte would take further order upon them.... ....... of the said former Annswere then allready putt in touchinge the poss[ess]ion of the p[re]misses in questyon as by the said order appeared and this defendt further saieth that thereuppon there was a Subpena awarded p[ro]cured against ........ Thomas Ogle ... then defendt to make a ...ter annswere to the said Raphe Graie the then ...ts said bill of complainte accordinge to the last menconed order of the xjth of February to appeare in Easter terme then next followinge .................................... deliv[er]ed .... said Thomas Ogle (the now Complt) ......... before the said Easter terme and afterwards this defendt in the said Easter terne last made affidavit for the servinge of the Subpena upon .... Thomas Ogle the now Complt ........... ...theles he appear... not to the same in the said terme and ... that he appeared not upon the said Subpena the said Raphe Graie in the said Easter terme by his Counsell moved her ma[jesties] said Courte of Exchequer .............. accordinge to the said order of the x.............. aforesaid wh... was .... upon or abowte th...th of Maye in the said Easter terme that Fryday then co....ght was gyven to the said Thomas Ogle to .... ................................................ an Injunction fo.. the poss[ess]ion of the sayd tithes accordinge to the foresaid order in............ made the xjth of February then last past as by the severall orders of the xxvjth of January the xjth of February & ixth of May in the ........ yeare of her ma[jest]ties raigne ......... the p[ro]cedings in the said cause ....... was ........... certainty ............... himself ............. of record in her Ma[jes]ties said Courte of Exchequer .... at large yt doth and may appeare ...... deft further saieth that ................... said severall orders .... the said .... Ogle the now complt dyd not shewe any cause why the sayd Injunction should not be A...ed against him for w[hi]ch cause the said Raphe Graie obteyned & had fourth of her highnes said Court of Exchequer an Injunction .............................. against ............... Thomas Ogle and all others clayminge to have any interest tytle or clayme in the p[re]misses in Questyon and all others yt should have any thinge to doe w[i]th the .... premisses by ............................... or com........ as by the said Injunction dated the 23th day of ..... in the 43th yeare of her highnes raigne under the Seale of your highnes said Courte of Exchequer here .... to be shewed to this honorable Courte yt doth and may ...................... appeare And this deft further saieth that abowte the vijth day of [Se]ptember in the bill of Complt ........................ last paste .. the said .......... yeare of her highnes raigne the said Raphe Graie havinge intelligence or hearinge that the Tenants & inhabitannts of Old Bewicke were abowte the same day to lead & take away some of their Corne .......inge and ........................ and Territories of old Bewicke aforesaid the moietie or one half of all w[hi]ch said tithes of Corne & graine is p[ar]cell of the said Tithes in Controv[er]sy And the w[hi]ch the said Raphe Graie by vertue of the said Injunction was to enter ........................ the said Raphe Graie gave ...... & commanndynt to this deft beinge his servant to take the said Injunction & goe w[i]th the same To the said towne fields of Old Bewicke and their in quiet & peaceable mann[er] to enter unto a moitye of the said tith Corne by vertue of the said ........... to take and gather the same to the said Raphe Graies use whereuppon this defendt together w[i]th div[er]se others of the servannts of the sayd Raphe Graie went to the said towne fields of Old Bewicke aforesaid and there in very quiett & peaceable manner gathered tooke loaded & ...... away a small quantity of the said tythe corne for & to the use and behoofe of the said Raphe Graie as was lawfull (as this defdt thinketh) for them to doe And as touchinge the ........ & other misdemeanors ....... withall he this ...... is secondly charged in & by the said bill of complt this ............... in or abowte the ixth daye of the said monethe of September in the foresaid xliijth yeare of her highnes raigne the said Raphe Graie likewise understandinge that the Tenants & inhabittannts of East Lilborne were abowte that day to lead ............. of the fields belonginge to the said towne & to sett forth their tythes therof w[hi]ch by vertue of the said Injunction belonge also to him the said Raphe Graye he the said Raphe Graie gave direcon & commanmdynt to this defendt ...................... sayd servannts in quiet and peaceable manner to take waynes and pytchforkes fpor the loadinge unladinge & bringinge away of the said Tythe corne and to goe to the said East Lilborne & to bringe away the same whereupon this deft w[i]th the other servannts of the said Raphe Graie beinge ...ed w[i]th no other weapons then they usually go and ryde w[i]th all in those p[ar]tes of the Countrye savinge pitchforkes for the gatheringe leadinge & unloadinge of the said tithe Corne went to the said Easte Lilborne and there in quiett & [peace]able mann[er] gathered tooke loaded and carryed away somep[ar]te of the sayd tythe corne towards the howse of the said Raphe Graie at Chillingham in the said Countye And as the said Deft & the other servannts oa the said Raphe Graie were carryinge away the said ........... quiett & peaceable mann[er] the said Complt Thomas Ogle beinge accompanied w[i]th one Richard Ogle his brother [blank] Boone [blank] Musgrave Richard Ditchborne & div[er]se other p[er]sons to this deft unknowne in all to the nomber of 10 p[er]sons or thereaboutes .......... J... Co...gwood beinge on horsback w[i]th sundry others of Bewick Lo[rdshi]pp likewise on horsbacke & in campany w[i]th them the said Thomas & Richard Ogle and beinge armed & weaponed w[i]th div[er]se & sondry warlike weapons did come unto this deft & the others in his company after yt they had ....... Corne into waynes & comed from the place where they so loaded yt neare unto ye towne of East Lilborne aforesaid & in very riotous furyous & outragious mann[er] did sett uppon this defendt and the other servannts of the said Raphe Graie being in his company whereuppon some of this defts said company for their owne defence were forced to drawe their swordes & defend themselves (as they might as this deft thinketh very lawfully doe) and such hurte as the Complt & the said Richard Ogle had (if they were hurte att all) was upon their owneassaulte & in defence of this defendt and the other servannts of the said Raphe Graie & not other waies, And as touchinge the third ryott & other misdemeanors where w[i]thall this deft is thirdly charged in the said bill of complt supposed to be in or aboute the xth day of September in the said 43th yeare of her highnes raigne this said deft saiethe that the said Raphe Graie havinge intelligence about the said tyme that the Tenants and inhabitannts of West Lilborne were then to lead & take away someof their Corne growinge or renewinge w[i]thin the towne fields of the said West Lilborne & to sett furthe .... tithes thereof w[hi]ch likewise belonged all to him the said Raphe Graie & understandinge also what riotous assaulte the said Thomas Ogle and others had made uppon the said defendt and others of his servannts on the daie ......................................................... ...inge of her highnes peace sent ... the shariffe of the sayd Countye of Northumb[er]land beinge the ...................... vertue of his offyce of ... to the said place & requested the said sheriffe to go w[i]th him the said Raphe Graie to the said West Lilborne to see her ma[jesties] .............. gatheringe and takinge of the foresayd corne accordinge to the said Injunction who thereuppon went w[i]th the said Raphe Graie this deft and other of the sayd Raphe Graies servannts unto the sayd West Lilborne and there and thene in very quiett and peaceable manner ........ servannts of the said Raphe Graie ........ .................... loaded ... carryed away to & for the use of the sayd Raphe Graie some of the tuthes of Corne growinge in West Lilborne aforesaid then ready for titheinge as was lawfull (as this deft thinketh) for him and them to doe w[i]thout that yt the Quenes Ma[jesty] by her lettors pattents under the great seale of Englande bearinge date the ..... and ..... daye of Februarie in the thre and thir[tie]th yeare of her raigne did demyse grannte and to Farme lett unto the said Complts father Clement Ogle ye said tythe Corne & grayne in such sorte mann[er] & forme as in ye said Complts byll is alleaged and sett downe to this defts knowlege or yt to this defts knowledge ye said Raphe Graye .......... the good estate of ... said Complt intended by his greate mighte power & Countenannce in the p[ar]tes of ye Countrye vyolently & by force to thruste ye Complt from ye possession of the tythes wherof he ..... his father had byne possessed in mann[er] & forme as in ye said bylle is also suggested as to yt the sayd Raphe Graye havinge sente for this deft & div[er]s other p[er]sons to come to his howse at Chylingham aforesaide did then & there together w[i]th this .... and ye said other p[er]sons unlawfully devise plotte & conspire howe to dispossesse ye Complt of ye aforesaid tythes ...... ye end ye said deft & ye said other p[er]sons by ye ................ Comanndm[en]t of ye said Raphe Graye did Conclude & agree yt this deft ...... of ye said unknowen p[er]sons shoulde w[i]th force & armes enter into ye aforesaid tythes of Olde Bewicke & take & C.... the same awaye in suche sorte mann[er] & forme as in ye said byll is alledged or yt this deft & ye rest of ye said defts in ye said byll mentioned beinge armed & arrayed w[i]th bowes bylles & suche other warlicke weapons as in ye said bylle is also alledged in moste ryotous warlike & unlawfull mann[er] assembled themselves together at Olde Bewicke aforesaide & then & there w[i]th .................................. ryotous warlike and unlawfull mann[er] led toke & carryed awaye all ye tythe Corne w[hi]ch did growe & renew w[i]thin ye towne Fieldes of ye said Old Bewicke in suche sorte mann[er] & forme as in ye Complts bill of Complt is sett downe Or yt to this defts knowlege ye said Raphe Graye said .... ye said Thomas Collingwood yt he woulde Reave those tythes in question awaye fromeye Complt or frome any yt woulde take his p[ar]te in such sorte as in ye said bill of Complt is also alledged Or yt the said Raphe Graye did unlawfully move p[er]swade meyte solicite Co...... and p[ro]cure this deft & ye others in ye said bill of Complt named to take leade & carye awaye all suche tythes of Corne & grayne as were lefte & sett forthe for tythe in ye Fielde of Easte Lilborne in ye said Countye of Northumb[er]land in suche mann[er] & forme as in ye said bill is sett downe and alledged Or yt this deft did saye yt yf either ye Complt or any other p[er]son or p[er]sons whatsoev[er] shoulde offer or goe aboute to staye resiste or hinder them frome so doinge yt then they shoulde kylle lame or mayme suche p[er]son or p[er]sons so resysteinge the.. as in ye said ...... alledged Or yt this deft & ye other defts in ye bill of Complt menconed beinge armed & arrayed w[i]th bowes billes gunnes & suche other warlike weapons as in ye said bill is menconed in moste ryotous warlicke & unlawfull mann[er] .....ye ixth daye of September ...... bill named assembled themselves at Easte Lilborne aforesaid & beinge so assembleddid then & there w[i]th force & armes in moste ryotous & unlawfull maner leade take & carye awaye all ye tythes of Corne w[hi]ch was sett forthe & se....ed from ye ixth p[ar]te ......... of Easte Lilborne aforesaid in such mann[er] & forme as in ye said byll is also alledged Or yt this deft & ye others in ye Bill of Complt named did moste ryotously barbarously& inhumanely assaulte & sett upon ye Complt & one Rychard Ogle his brother .......................................... evill entreate them in suche sorte mann[er] & forme as in ye said bill is also alledged Or yt ye said John Collingwood her Ma[jesties] Baylife of Bewicke & Easte Lilborne came & Comannded this deft & ye others w[i]th hime in her ........... her highnes peace but they nothinge regardinge yt did strike at ye said Bayliffe & hurte his horse (wherupon he rode) w[i]th a sworde Or yt this deft said yt they came for ye tythe & woulde have it to Chyllingham yarde thoughe it coste never somuche bloode Or yt the said Raphe Graye upon ......... daye of September then nexte followinge did p[ro]cure this deft & ye other p[er]sons in ye bill named to assemble themselves together at Weste Lilborne aforesaide & there beinge armed & arrayed ....... bylles & suche other weapons as in ye said bill ........ sett downe w[i]th force & armes in very ryotous warlicke & unlawfull mann[er] to come into ye Feilds of West Lilborne aforesaide & did frome thence leade take & carye awaye all ye tythe ............... Weste Lilborne aforesaid in ................................... said bill Complts is alledged & supposed And w[i]thout yt that any other matter or thinge in ye said bill conteyned needfull or materiall by this deft to be answered unto & herein not confessed ............ [tr]aversed or denyed is to .............................................. w[hi]ch matters this deft is & wilbe readye to averre & prove as this honorable Court shall awarde & therfore he humbly prayeth to be dysmyssed oute of this honorable C[our]te w[i]th his reasonable [costs & charges] hereby wrongefully susteyned
Interrogatories to be administered to Raphe Gray:
Interrogatories to be ministred to Raph Graye one of the defts on the part and behalf of Thomas Ogle complainante
1 Imprimis whether doe yow know the severall tythes now in question betwixt yow & the said Thomas Ogle yea of no, and how long have yow knowen them
2 Item whether doe yow knowe or ar yow pryvie (that in a sute nowe or lately depending in the exchequer betwixt yow and the said Thomas Ogle touchinge or Concerning the saide tythes) There was a late order made in the said Courte of Exchequer wher by a former Iniunction grannted out of the saide courte for the possession of the said tythes unto yow was dissolved and made voyde, and when and at what tyme and by whomehad yow notice of the said order, and whether dyd not your servant Richard Parker at his returne from London deliver or shew unto yow a coppie of the said order, or at least made yow acquainted w[i]th the same before the tyme that yow or your servants ledd away the said tythes
3 Item whether did yow the seaventh day of September last or at any tyme before give comanndement and direction to the said Richard Parker or to any other of your friends & servannts and the rest of the defts in the bill of complaint named to gather and carry away the tythes of Oald Bewicke if yea what are there names and what were the words or speaches yow used unto him or them, and what directions dyd yow give unto them or any of them, and what or how many were the persons unto whome yow gave such directions and whether gave yow not direction unto someof them to call unto them some other of your servants tenants or freinds to go w[i]th them in the said action .... were there names and how and in what manner did yow direct them to be arayed and what weapons to carry w[i]th them and whither to carry the said tythes declare your whole knowledge, and whether did not they the said Richard Parker and his company accordingly take away the said tythes at Owld Bewick aforesaid.
4 Item whether were yow made pryvie the same night being the seaventh of September how and in what manner your foresaid servantes Tenannts & frends had taken and carryed away the said tyrhes in the bill of complaint menconed:
5 Item whether did not one Thomas Collingwood Immediatly after the tythes so carryed away come unto yow as sents from the sayde Thomas Ogle and Richard Ogle and give yow notice howe and in what ryottous and unlawfull maner the sayde Richard Parker and the rest of his company had taken and carryed away the said tythes and did desire yow to redresse the said wrongs and take some good order in the same. And whether did not yow then use very hard and discourteous speaches to the said Thomas Collingwood and said that yow would reave the sayd tythes fromthe said Ogles and from any that would take their parte or woordes to the like effecte or what were the speaches that yow then used.
6 Item notw[i]thstanding such notice to yow given of your servants behaviour the said seaventh day of September did not yow the next day being the 8th daye of September in performance of your former answere and purpose
unlawfully move perswade Incyte solicit and command the said Richard Parker and the reste of the defendants in the bill of complaint menconed or any others take leade and carry away all such tythes of corne and grayne as were lefte and ssett fourth for tythe at the feald of East Lilburne in the bill of Complaint menconed and what were there p[ar]ticuler names and gave direction to them or someof them that if the said Thomas Ogle or any other whatsoever should offer to resist or hinder them from so doeing that Then they should kill lame or maime such persone or persons so resisting them.
7 Item whether did the said Richard Parker and others and the rest of the defts in the bill of complaynt menconed according to such your directions and by your meanes comanndement and procurement upon the next day being the ixth day of that Instant September comeunto the fealds at East Lilburne in the bill of complaint menconed and their in very ryottous and warlike maner did take and carry the said tythes then standing upon the said ground at East Lilburne aforesaid and did then and their most barbarously and cruelly sore hurt and wound in dannger of death the said Thomas Ogle and Richard Ogle and dyvers others and whither did yow carry the said tythes & where were they sett ..................................... by themselves or not and what can yow say further touching this Interrogatory declare your whole knowledge, and what is the p[ar]ticuler name of every one yow sent to or Comannded in this action
8 Item whether notw[i]thstanding all the foresayde misdemeanors by your servants so comitted and notw[i]thstanding yow had notice thereof did not yow againe the tenth day of that instant September send and procure one Roger Graye, Mathew Foster Robarte Graye Richard Parker John Procter Thomas Hall and divers others to the number of four schore at the least to assemble themselves togeather at West Lilburne, and whether were not yow then there present in person w[i]th the saide company and how and in what sorte were yow or all of yow armed and weaponed and whether did not yow and your said company w[i]th force and armes in moste ryottous warlike and unlawfull manner at the feald of West Lilburne aforesaid lead take and carry away the sayd tythes at West Lilburne aforesaid and whither did yow carry the said tythes and where were they sett ........... severally by themselves or not and how and in what sorte did yow then behave your selves and what were the names of such persons as were then in your company.
9 Item whether did not yow likewise upon the fourteenth of that instant September procure send and comannd one Edward Tyers als Tyas and James Lawsone your servants with five other persons in their company to Haroppe in the bill of complaint menconed and did not the said persons being weaponed and arrayed in unlawfull maner by your comanndement and procurement in ryottous warlike and unlawfull maner the said foureteenth day of September take and carry away the said tythes of Haroppe aforesaid and what were the names of the said five persons so by yow sent & by your meanes p[ro]cured/
Examination of Raphe Gray:
The examinacon of Ralphe Graye esqr unto Certeaine Interrogatories ministred on the p[ar]te and behalfe of Thomas Ogle Complt, Taken at Felton Church the xxijth daye of Aprill in the xliiijth yere of the Reigne of our Sovereigne La: Quene Elizabeth &c, before Ralphe Delavale, Willia Haggerston & Willia Fenwick esqrs By Vertue of a Comission in the nature of a Dadimus Potestate, directed to the[m], and one Tho: Middleton gen Forth of her Ma[jesties] highe Courte of Starrchamber, dated at Westminster the vth daye of March in the said xliiijth yere of her Ma[jesties] Reigne
Imp[rimis], to the first Interrogatory he sayth that he knoweth both the Complt, and the tythes in question, and hath knowne the[m] for the space of xvj yeres or thereabouts/
To the Sacond he sayth that as he is advised by his learned Councell he need not answer thereunto, because it is not Conteined in the bill of Complt, and soe Reffereth him selfe to the Censure of this ho[norable] Court/
To the .126.96.36.199. and .7. he Refferreth him selfe to his answere saveinge that for the Corne, w[hi]ch in the seventh Interrogatory is menconed, he sayth that it was brought to his stackgarth at Chillingha[m], and there stacked up, but wheather it was then mingled w[i]th someother Corne, or stacked up severrally by it selfe, he doth not Certainly knowe/
To the eight he also Refferreth him selfe to his Answer, and for the settinge, and stackeinge of the Corne, he sayth as in the seventh Interr: he deposed.
To the ixth he Likewyse Refferreth him selfe to his answer/
Raphe Delavale Willm Haggarstone Willm Fenwicke
...... May Anno 44 Elizabeth Regine Willm Mill
Answer of Roger Gray:
The sev[er]all Annswear of Roger Gray gentleman one of the defendts to the bill of Complt of Thomas Ogle Complt
The said defendt saveing to himselfe at all tymes hearafter all benefitt of excepcon to the uncertainty and insufficyency of the said bill touching soe much therof as dothe Concerne this defendt he this defendt annswereth and saith that upon or about the tenth day of September in the said bill of Complt menconed George Muschampe esquier then highe sheriffe of the County of Northumberland and some others in his Company did repaire to the house of Raphe Gray esquier in the bill named at Chillingham whear this defendt than was he this defendt than & yet inhabiting and dwelling in howse with the said Raphe Gray his said brother And shortly after upon the said day the said Mr Muschampe and the said Raphe Gray being this defendts brother did goe into the feilde of West Lilburne in the bill of Complt menconed at w[hi]ch tyme this defendt did ride in Company of his said brother to the said feilde of West Lilburne as he hadd formerly used to doe to divers other places in the County of Northumberland .... and he saithe that he this defendt did not make or intend to make any resistance or ryott nor did any hurt nor did offer any vyolence at all to any p[er]son or p[er]sons in the said feilde at that tyme nor at any other tyme and saieth that he is not guilty of any offence laid to his charge w[i]thout that that any other matter or thing materiall or effectuall in the said bill Conteyned to be by this defendt annswered unto and hearin before not Conffessed and avoyded trav[er]ssed or denyed is true all w[hi]ch matters this defendt will aver and prove as this honorable Courte shall award and praieth to be dismissed out of this honorable Courte w[i]th his Reasonable Costs and charges in this ...... wrongfully sustayned