STAC 5/A35/28

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Court of Star Chamber:

Attorney General v Richard Read, Robert Rodham, Roger Procter et al

Transcript: Dave King


Interrogatories:

[Int]errogatories to be ministred on the p[ar]te and behalffe of [ou]r soveraigne Lady the Quene unto Richerd Reade one of the Jury that dyd acquytt John Ellerker who was Indicted for the death of John Bradforde

Fyrst whether their was good evydence brought into the courte [before] the Justices of assyse at the arreyment of the said John Ellerker [suff]ycyent to prove that he was gyltie of the death of the said Bradforde/

2 Itm what dyd move this deponent and other of the said Jurye why they shoulde not Fynde the said Ellerker gyltie of the deathe of the said Bradford ether of manshaughter or at least in his owne defenes/

3 Itm what parsons dyd labor this deponent and other of the said Jurye to Fynde the said Ellerker not gyltie of the said Facte/ And what are the names of suche as so labored theim and whether ..... the said Jurye dyd stycke and p[er]swade other of their companyons not to Fynde him gyltie and what be theire names that dyd so stycke and p[er]swade there Felowes in suche sorte and what other thinges can this deponent declare concern[ing] this matter/


Deposition of Richard Rede:

Ex capt xj nove[mbris] Ao dm R Eliz x Sup Interr ex pte dme Rne ministrat

Richard Rede of Hebden in the Walle in the co[unty] of Northumberland gent sworne &c

To the first he saith as he thinketh in his conscence ther was good evidens brought into the courte before the Justices of Assise at tharreignem[en]t of John Ellirker sufficent to prove that the same Ellirker was Giltie of the death of the said Bradfford

To the seconde and thirde he saith he doth not reme[mber] what dyd move this exam[inate] and the rest of the Jurye whie they dyd not fynde the said Ellirker giltie of the death of Bradforde either of manslaughter or [struckthrough - at the lest] in owne defens otherwyse then after this exam[inate] and the rest of the Jurye being charged and gon together to agree on their verdycte one Edwarde Witherington John Shaftoo Roger Proctor Robert Rodham one Mustians and one or two .... of the same Jury whose names he doth not Reme[mber] dyd p[er]swade this exam[inate] and the rest of the Jurye to fynde the said Ellirker not giltie and the same p[er]sons in their p[er]swacons saide that ... what .... this exa[minate] and the rest wolde/ They wolde fynde the said Ellirker not giltie of the said facte .... by meanes the same p[er]sons dyd sticke on th..... p[ar]te of the said Ellirker in such sorte as they dyd and also use suche p[er]swacons as aforesaid/ and after they had byn longe together aboute the same they be[ing] callyd to the [?barre?] dyd fynde the same Ellirker not giltie/ and the same was contrary to this exa[minates] consiens/ For this exa[minate] and dyv[er]s of the same Jurye viz Roger Newton Robert Newton Lambwell Marshall & Robert Oggell wolde have founde the said Ellirker giltie either of manslaug[hter] or in his owne defens/ yf they p[er]sons aforenamyd had not used p[er]swacons to the contrarye and stickyd on the behalfe of Ellirker as they dyd and this exa[minate] doth not knowe any more towching this matter neith[er] doth knowe that any p[er]sone or p[er]sons dyd labor any of the Jurye to fynde the said Ellirker not giltie

Richard Red


Deposition of Robert Rodham:

Robert Rodham of Houghton p[ar]va in the co[unty] of Northumberland gent sworne &c

To the first he saith ther was neither good or sufficient evidens brought into the courte before the Justices of assise at the arreignement of John Ellirker sufficient to prove that the same Ellirker was Giltie of the death of Bradforde

To the seconde he saith that this exa[minate] and the rest of the Jurye were movyd to fynde the said Ellerker not giltye either of manslaughter or in his owne defens by meanes they had no evidens sufficient to induce them so to fynde agenst the said Ellerker and the chief matter whiche movyd this exa[minate] and the rest of the Jurye to fynde the same Ellerker not gyltie was by meanes one Roger Proctor and others of the Jurye whose names he doth not [?remember?] that they of their owne knowleges dyd knowe that the said Ellerker nev[er] gave Bradforde any blowe or stroke alledging further that they ware p[re]sent when Bradforde receyvyd his deathes wounde/

To the iij he denieth that any p[er]sone or p[er]sons dyd labor this exa[minate] or any other of the Jurye to the knowlege of this exa[minate] to fynde the said Ellerker not giltie of the said facte and likewise denieth that any p[ar]te of the said Jurye dyd sticke or p[er]swade other of their fellowes not to fynde the same Ellerker gyltie and this exa[minate] can neither saie or declare any more towching this matter then he hath saide before/


Deposition of Gabriell Ogle:

Gabriell Ogle of Bradforde in the Co[unty [ of Northumberlande gent sworne &c

To the first he saith ther was not good and sufficient evidens brought into the courte at before Justices of assise at the arreynem[en]t of John Ellerker sufficent to prove that he was gyltie of the deathe of Bradforde

To the seconde he saith that this ex[aminate] ................. the Jurye was movyd not to fynde the said Ellerker giltie either of manslaughter in his owne defens or otherwise for so muche as the evidens to [the] jury geven was not sufficent to fynde the said Ellerker by any meanes gyltie of the said Bradfordes deathe

To the iij he denieth that p[er]sone or p[er]sons dyd labor to this exa[minate] or to any of the rest of the Jurye to fynde the said Ellerker not gyltie of the said facte and further denieth that any p[ar]te of the same jurye dyd sticke or p[er]swade any other of the same Jurye not to fynde him gyltie and to his remembrance he can declare no other matter towching this matter other then he hath before declaryd

Gabryell Ogell


Deposition of Edwarde Witherington:

Edwarde Witherington of Swynborne in the Countie aforesaid gent sworne &c

To the first he saith ther was no good evidens brought into the courte before the Justices of assise at the arreinem[en]t of John Ellerker to prove that the same Ellerker was gyltie of the death of Bradforde

To the seconde he saith that this exa[minate] and the rest of the Jurye were movyd not to fynde the same Ellerker gilte of the deathe of Bradeforde either of manslaughter /in his owne defens/ or otherwise by meanes one Proctor then one of the Jurye saide that he was p[re]sent at the fraye when Bradforde was slayne and that Ellerker stroke no stroke or blowe at the same Bradford in the tyme of thaffraye or other wise/

To the iij he denieth that any p[er]sone or p[er]sons dyd labor unto this exa[minate] or any the rest of the jurye to his knowledge to fynde the said Ellerker not gyltie of the said facte and likewyse denieth that any p[ar]te of the same jurye dyd sticke or p[er]swade other of their compamions not to fynde him gyltie/ and this exa[minate] can declare no more towching this matter then he hath before declaryd

Edward Woddryngton


Deposition of John Shafto:

John Shaf[to] of Babbington on the co[unty] aforesaid gent sworne &c

To the first he saith ther was no good evidens brought into the courte before the justices of ass[ise] at the arreynem[en]t of John Ellerker sufficent to prove that the same Ellerker was gyltie of the death of Bradforde

To the deconde he saithe that this exa[minate] and the re[st] of the Jurye were movyd not to fynde the said Ellerker giltie of manslaughter/ in his owne defends or otherwise by mea[nes] one Proctor then one of the Jurye sa.. as he doth rememb[er] that he and his men were p[re]sent att the tyme of the fraye when Bradforde was slayne and that Ellerker stroke no stroke at the same Bradeforde in the tyme of the affraye or otherwise

To the thirde he denieth that any bodye dyd labor to this exa[minate] or any the rest of the Jurye to his knowledgeto fynde the said Ellerker not gyltie of the same fact and likewise denieth that any p[ar]te of the said Jurye dyd sticke or p[er]swade others their companyons not to fynde him giltie and this exa[minate] doth not knowe any other matter concerning the p[re]misses other th[an] he hath before declaryd

John Shafto



Notes on the events leading to the death of John Bradford:

[A note added to the top of the page in a different hand, which will be clarified once the original can be revisited: ?Thys ys the F..t of all ... justice ................ exhybyte againyst th... ......... he sayth ....... ............... they dyd ................... Ellaker to theyre Clydens?]

Notes of the evidence geven at the arreinement of John Ellerker gent for the dethe of John Bradforthe

It was founde before John Ogle gent one of the Coroners of owre Sovereygne Ladye the Quene of her countie of Northumberlande the xxij day of december in the nynthe yere of her graces reygne upon the viewe of the bodye of John Bradforth gentlem[an] lyengne there dede by the othe of xij men of the saide Countye, that one John Gallande of Alnewicke in the said countie gent & John Ellikar of the same in the saide countie gent the xxtie day of December in the saide tenthe yere at Alnewicke aforesaide did feloniouslye kyll the said John Bradforthe, and that dyvers others were accessaryes &c/

Upon whiche indytemente the said John Ellerker was arrayned before the Justices of gaole delyverey at the laste assyses holden at Newecastell withein the saide countie before the iustices of Assyse there, at whiche tyme dyvers witnesses were browghte before the sayde Justices in open Courte on the behalfe of owre sov[er]eygne Ladie the Quene to geve evidence againste the sayde prison[er], whiche did depose upon theyre severall othes in effecte as folowithe.

Rauffe Bradforthe saide that he beinge accompaynied wythe the said John Bradfurthe who was slayne, John Rutherfurthe and Thomas Frenche wente into the Castle at Alnewycke to paye his rentes to the officers of the Erle of Northumberlande wythin the sayde Castle, and as they came backe agayne from the sayde Castle abowte tenne of the clocke in the fore nowne they mette wythe Willm Gallande Henrye Gallande & John Stampe and the said John Rutherfurthe seynge the saide Willm Gallande sayde to thys Deponente and his companye I have the Quenes maiesties proces here dyrected from the counsell at Yorke to serve upon the said Willm Gallande I thinke thys is a good tyme to do yt, and there upon metynge wythe the sayde Willm Gallande served upon him the said proces accordinglye who then sayde that the saide John Rotherfurthe showlde repente the servinge of that proces, and then they departed and this Deponente and his companye wente abowte theire severall busynesse, and afterwarde the sayde Willm Gallande came to the howse of the saide John Ellerkar and called hym furthe and they two went to the howse of James Fylpe where they founde John Gallande thelder John Gallande the younger Hughe Gallande, Thomas Gallande George Rutherfurthe Henrye Gallande and others. And aboute two of the clocke at after none of the same daye the saide persons passed throughe the marketstede of the sayde towne of Alnewicke in the Markett tyme, and this deponente havinge in his companye the saide John Rutherfurthe John Bradfurthe who was slayne Thomas Frenche and Cuthberte Bradfurthe, and at that tyme one Willm Hopin and John Rydle beinge together came to this Deponente and his said companye and the saide Willm Hopin prayd the saide Rydlaye to loke upon the heade of this Deponente beinge before wounded for that the sayde Rydlay was a Surgion, who was contente so to do, and thereupon wente towarde this Deponentes Oste howse to [?see?] & view the s[a]yd wounde and in the way one Ingram Saughelde called upon the sayde Gallandes Ellarcar George Rutherfurthe and others to the nomber of fyftene persons beinge there assembled together and did bid them turne and stryke [struckthrough - this deponente and his companye] and there upon the saide Hughe Gallande [note inserted - brother to Willm] wythe a Lance staffe did stryke the saide John Rutherfurthe who servid the said proces, and furthewythe the sayde John Ellerkar in the same fray came behinde the sayde John Bradfurthe, and wythe his sworde did cleve the backe of his heade of whiche strocke the said John Bradfurthe wythein xxiiijtie howres after [struckthrough - dyed] and deposed also that before that tyme there was a fede betwixe Willm Hopen beinge, and the said John Gallande John Rutherfurthe and Thomas Frenche saye that they were still presente and in companye wythe the saide Deponente duryinge the tyme of all the sayde doynges, and untill the said John Bradfurthe was strycken as is saide and after, and therefore affirmethe all thinges before deposed by the said Rauffe Bradfurthe to be trewe as he hathe said./

Willm Hopin sayde that he wente in the strete at Alnewicke wythe the said John Bradfurthe whiche was slayne and wythe Rauffe Bradfurthe his brother Thomas Frenche and other mo, and sayd that he and thothers wente to see a wounde whyche the saide Rauffe Bradfurthe had upon his heede and in the waye they mette wythe the saide John Ellercar and the saide Gallandes and theyre companye, and comynge neare together the said Ingram Saughelde did speake to the saide Ellercar Gallandes and theyre companye and did bid them turne agayne and stryke, whereupon the said John Ellercar and the resydewe of the said companye sette upon the said John Rutherfurthe John Bradfurth who was slayne and the resydewe of hys felowshipp and the said John Ellarcar comynge behynde the said John Bradfurthe did cleve his heade apon the the hinder p[ar]te of it w[i]th a Sworde, of whiche wounde he after & before the nexte day at none dyed