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Oxford & Atslowe vs. Bury et al.

PRO STAC 5/O8/32/4 (single membrane - actually 2 pieces glued together): Interrogatory of 37 articles for Bennett Strutt et al.

Interrogatories to be mynistred on ye p{ar}te & behalf of the right honorable Edward Earle of Oxon' & Edw{ard} Atteslowe docto{ur} of Phisick Compl{ainan}t{es} vnto Benett Strutt Will{ia}m Reynoldes Stephen Humfrey Iohn Parnell Richard Haynes Richard Humfrey Nicholas Tabo{ur} Rob{er}te Woolley, Henry Abell, Phillip ffreeman Thomas Tyrrell, Phillip Nevell and Humfrey Nevell [] deff{endant}s

1 Inprimis whether do you know the manno{ur} of Downeham in the Countye of Essex yea or no and how longe have yow knowne the same manno{ur} And who is Lorde of the said manno{ur} And who is ffermo{ur} of the said manno{ur} of Downeham

2 Item whether do yow know or have harde whether any Com{m}on or wast grounde dothe belonge and apperteigne to the said manno{ur} of Downeham yea or no And where the said Com{m}on or wast grounde dothe Lye and in what seu{er}all p{ar}ishes And how is the same Com{m}on or wast grounde callyd

3 Item whether do yow know one great Com{m}on or wast grounde com{m}only knowne and callyd by the name of Stock Com{m}on yea or no And in how many p{ar}ishes dothe the said great Com{m}on or wast grounde lye and extende And what be the names of the same p{ar}ishes

4 Item whether dothe the sayd great Com{m}on or wast grounde com{m}only callyd Stocke Com{m}on belonge and apperteigne to one Manno{ur} only and to one Lorde only or to dyvers mano{ur}s and to dyvers Lordes and what be the name or names of the said manno{ur} or seu{er}all mannors to the w{hi}ch the said Com{m}on dothe belonge and what be the Lord{es} of the said mannors and of the said wast grounde and com{m}on

5 Item whether do yow know or have harde of a certen place vppon the said great Com{m}on or wast grounde where the Erle of Oxenforde The Lord of Aburgaveny S{i}r Henry Tyrrell S{i}r Iohn Petre and Mr fferrys or three of them at the least, wherof therle of Oxon to be one, maye standinge vppon ther owne grounde within the said Com{m}on shake eatche other by the hande, and wher the said place dothe Lye And how the Com{m}on of the said Erle or any p{ar}te therof dothe stretche from the said place And what boundes do yow know or have harde of the sayd p{ar}cell of Com{m}on so belonginge as is aforesayd to the said Erle of Oxenforde as to his Manno{ur} of Downehame aforesaid

6 Item whether were yow or any of yow vppon the peace of Com{m}on now in question betwixt the Compl{ainan}t{es} and ffraunc{es} Burye and Iohn Pascall or any of them the sixt daye of Aprill last paste At what howre cam yow thether and how longe dyd yow contynew there

7 Item whether were yow or any of yow vppon the said p{ar}cell of Com{m}on the xviijth daye of Aprill last past or the xixth or twenteth daye of the same monethe At what howre cam yow thether every or any the said dayes and how longe dyd yow or any of yow contynew ther the seu{er}all dayes aforesayd or any of them And whether dyd Iohn Pascall gent' com w{i}th yow or no into the said Com{m}on

8 Item whether were yow hiryd or procuryd by the said Iohn Pascall or by any other to goo or com w{i}th him or any other into the said Com{m}on at or about the dayes or tymes aforesayd and what rewarde or allowance had yow for the same

9 Item to what intente cam yow to the said p{ar}cell of Com{m}on the seu{er}all dayes aforesayd or any of them by whose meanes & procurem{en}t, what weapon had yow w{i}th yow or any of yow in redynes yf neade so requiryd, who was in yo{u}r Company every or any the said seu{er}all dayes, what be ther names and what weapons had they and eu{er}y of them about themselves or in a redynes for them

10 Item whether dyd you fynde ^\\the said vjte day of Aprill// one Richarde Thimblebie gent' s{er}vant to the said Erle & one Iohn Clarke Thomas Clarke and dyvers others of the s{er}vant{es} and neighbours of the said Edwarde Atslow in godes peace and the Quenes ma{ies}t{ies} vppon the said p{ar}cell of Com{m}on and in quiet possessyon of the same to the behalfe of the said Edwarde Erle of Oxenforde or of the said Edwarde [Erle] Atslow ye or no And what sayed the said Richarde Thimblebie to yow or any of yowr Company, And what sayed yow or any of yo{ur} Company to the said Richarde Thimbleby or to any of his Company at that tyme

11 Item whether dyd the said Richarde Thimbleby or any of his company the said sixte daye of Aprill ryotously assalte beate evell intreat yow or any of yo{ur} Company yea or no

12 Item whether dyd the said Richarde Thimblebie or some other of his company the said sixt daye of Aprill or after the said sixt daye & before the sayd xviijth daye of Aprill require Iohn Pascall that suche tytle as he dyd p{re}tende vnto the said p{ar}cell of Com{m}on might be tryed in peaceble mann{er} at and by the ordinary meanes of the Lawes of this Realme yea or no and what aunswere made he or yow or any of yow thervnto

13 Item whether dyd the said Richarde Thimblebie or some other of his company ^\\being in godes peace & the quenes ma{ies}t{ies} & in quiet possessyon of the said p{ar}cell of com{m}on// forbydd the said Iohn Pascall and yow and every or any of yow the said sixt daye of Aprill to fell the wood tymbre or trees then growinge on the said p{ar}cell of Com{m}on in the name of the said Erle or of the said Edwarde Atslow or bothe yea or no And what aunswere made the said Iohn or yow or any of yow thervnto

14 Item whether dyd yow fell or cause to be felld carrye awaye or cause to be carryed awaye dyvers trees then growinge vppon the said p{ar}cell of Com{m}on aswell the said sixt daye of Aprill as the xviijth and xixth dayes followinge notwithstandinge the quiett and peaceble forbydding of the said Richard Thimblebye or some other of his Company contrary to yo{ur} owne worde & promise

15 Item whether dyd the said Iohn Pascall then and there the said sixt daye of Aprill after yow had fellyd fyve trees p{ro}myse the said Richarde Thimbleby that [yo] he wolde not fell any more trees growinge vppon the said Com{m}on vntyll he had talked w{i}th the said Edwarde Atslow beinge then resydente in London And whether dyd the ^\\said// Iohn p{ro}myse to com{m} vnto him the xvjth or eightenthe of the said monethe of Aprill followinge yea or no

16 Item what nombre of trees or Lodes of wood dyd yow or any of yow fell and carrye awaye or cause to be fellyd or carryed awaye eyther the said sixt daye of Aprill or the said xviijth or xixth daye followinge and in what ordre dyd yow carrye awaye the said trees And whether dyd yow barke them before yow dyd carrye them ye or no And to what vse have yow conventyd them or any of them./

17 Item how do yow lyve and what is yo{ur} vocasion [=vocation] and trade to lyve bye or to gett yo{ur} lyvinge

18 Item whether dyd one Thom{a}s Clarke com{m} vnto Iohn Pascall and yow the said xixth daye of Aprill, and fyndinge yow fellinge and carryeinge awaye the woode tymbre and trees growinge then vppon the said p{ar}cell of Com{m}on forbyd yow againe in quiet and peaceble mann{er} in the name of the sayd Erle or of the said Edwarde Atslowe to fell or carrye awaye the said wood tymbre or trees and what aunswere made yow vnto him at that tyme

19 Item whether were yow vppon the said p{ar}cell of Com{m}on the said twentethe daye of Aprill last past, to what intente cam yow ther the same daye, who was with yow in yo{ur} Company, by whose meanes and p{ro}curem{en}t cam yow thether and what weapons brought yow or any of yow with yow

20 Item whether dyd yow fynde vppon the said p{ar}cell of Com{m}on in questyon the said twentethe daye of Aprill the said Thomas Clarke Will{ia}m Semer and others of the s{er}vant{es} and hyeryd ^\\laborers and// neighbours of the sayd Edwarde Atslow in quiett possessyon to the vse and behofe of the said Erle and of the said Edwarde Atslow and what sayed yow vnto them or they vnto yow

21 Item whether cam yow vnto the sayd p{ar}cell of Com{m}on the said twentethe daye of Aprill at the fyrst with weapons yea or no

22 Item whether after some com{m}unicac{i}on had betwene Iohn Pascall and the said Thomas Clarke and other of the servant{es} neighbours and hired laborers of the said Edwarde Atslow dyd yow goo and fetche or sende for weapons And w{i}th what weapons were yow p{re}sently furnished by those meanes

23 Item whether dyd the sayd Thomas Clarke or any other of the s{er}vant{es} or hired laborers of the sayd Edwarde Atslowe alsalte [sic for assault] beate evel intreate or wonde yow or any of yow the sayd twentethe daye of Aprill before yow cam furnished w{i}th yo{ur} weapons

24 Item whether dyd the sayd Thomas Clarke or any other of the s{er}vant{es} of the sayd Edwarde Atslow offer to laye holde on the Rapio{ur} of Iohn Pascall when he offeryd to drawe the same wishinge him to keape the peace and to trye his tytle by the Lawe

25 Item whye or to what intente dyd the said Iohn Pascall drawe his rapio{ur} or dagger or any of them

26 Item what weapons had Iohn Bandocke Charles Bandocke Edmunde Vincent George Hilles Will{ia}m Knightbridge Iohn Harteforde Will{ia}m Eliott Rob{er}te Clarke Iohn Coppyn Iohn Glascocke Anthony Isgore Thomas Icle Iohn frema{n} ### & w{hi}ch of yow dyd they or any of them stryke or offer to stryke

27 Item whether dyd Rob{er}te Buckley Richarde ffreema{n} or Will{ia}m seymo{ur} offer to stryke yow and Iohn Pascall or any of yow

28 Item whether was Benytt Strutt Cunstable of the towne of ^\\Westhanifeld or Sowthaningfeld// the sayd twentethe daye of Aprill yea or no And whether dyd he saye thes or the lyke woord{es}, Mr Pascall yf I were as yow I wolde charge an harquebushe w{i}th haleshott and kill them or shott amongest them And whether after he had sayed the aforesayd or lyke woordes dyd Iohn Pascall and other of yowr company whisper a while together And whether dyd yow ther vppon p{re}sently dep{ar}te for a while & whether dyd yow retorne w{i}th yo{u}r weapons and what weapon had yow for yo{ur} p{ar}te And what sayd yow to Mr Pascall in that yo{ur} secrett conference

29 Item whether dyd one Thomas Tyrrell beinge in yo{ur} Company willfully run{n} into the danger of the blocke that was then and ther drawne w{i}th horses by the servant{es} of the said Edwarde Atslow And whether might the said Thomas Tyrrell [+have] evadyd the danger of the sayd block yf he had lysted yea or no And whether had the said Thomas Tyrrell any hurte by the sayd block yea or no And whether dyd the sayd Thomas Tyrrell wyshe that he had benne hurte or maymed w{i}th the same block yea or no

30 Item whether dyd the s{er}vant{es} or hyred Laborers of the sayd Edwarde Atslow staye the horses duringe the tyme the sayd Thomas Terrell laye vndre the Logge And whether dyd they or other of ye s{er}vant{es} Laborers and [<.>] neighbors of the said Edwarde Atslow save the sayd Thomas And whether dyd [ay] any of them crye kyll the villane kyll the villane and w{hi}ch of them dyd so crye

31 Item whether was not the said Thomas Clarke beaten downe to the grounde and grevusly wondyd in the hedd the sayd twenteth daye of Aprill and by whome was he so beaten and wondyd

32 Item how many of yow dyd sett vppon the sayd Thomas Clarke and assalte him at one tyme together and what were or are the names of those w{hi}ch dyd so sett vppon and assalte the sayd Thomas Clarke the sayd twenteth of Aprill

33 Item whether dyd yow disturbe by dyvers meanes the s{er}vant{es} and hyred laborers of the said Edward Atslow beinge in very peaceble and quiett mann{er} at ther worke the sayd twentethe daye of Aprill vppon the sayd p{ar}cell of Com{m}on

34 Item whether dyd the said Iohn Pascall cast a thrust w{i}th his rapyo{ur} at one Richarde ffreema{n} and whether dyd the sayd Rapio{ur} passe & run{n} betwene the bodye and the arme of the sayd Richarde ffreman And whether dyd the said Richarde ffreema{n} offer to him any violence before or at or after suche tyme as he thrust his rapio{ur} at him

35 Item whither do yow knowe a certaine Mesuage lyinge in South haningfeilde ^\\called Prestons yea or no// & who is owner of the same:

36 It{e}m whither hath the said Mesuage called Prestons byn comonly knowne to haue byn called ye Manno{ur} of Prestons or vsed as a Manno{ur} & howe longe haue yow knowne it to haue byn comonly so called & vsed.

37 Item howe many Court{es} Barons leetes or lawdaies, haue yow knowne kept vpon the said Mesuage called Prestons as in Right of the said Mesuage, when & by whome. And what amerciam{en}t{es} waif{es} straies or escheates, haue yow knowne levied or taken by the owners of the saide Mesuage called Prestons, as in Right of the said Mesuage, in or vpon the p{ar}cell of comon now in question betwene the said Compl{ainan}t{es} and ffraunc{es} Berry and Iohn Paschall deff{endan}t{es} when and by whome./

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