Archive:C 3/186/32

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"Whitney v. Whitney," 1566, Hereford, C 3/186/132, Court of Chancery: Six Clerks Office: Pleadings, Series II, Elizabeth I to Interregnum, The National Archives, London.

Folio 1

8 May 1566 To the Right Honorable Sir Nicholas Bacon knighte 32 1 West Lorde keper of the greate Seale of Ingland

In moste humble wise complayning shewethe and enformethe your honorable Lordeshipp your daylie Orator Nicholas Whitney of Castelton of the parrishe of Clifford withein the countie of Hereford gentleman That whereas Robert whitney late of castelton aforesaid within the saide countie of Hereford gentleman Father of your saide Orator was lawfullie [se]ased in his demeasne as of Fee of and in one tenement or capitall messuage withe the appurtenances called Bitterleyside set lienge [and] beinge withein the Lordshipp of Pencomb within the saide countie of Hereford And of and in diverse landes meaddowes pastures and Feadinges unto the saide capitall messuage belonging and apperteyning And so beinge therof seased the issues and profittes thereof issuenge ref_ge comming and groweng by the space of Fortie yeres or thereaboutes quetlie and peceable Did pertane collect and take without unnelawfull lett trouble molestacon or deniall of anye person or persons And after at castelston afforesaide died But So this and please your good lordshipp that after the deceasse of the saide Robert Whitney father of your saide orator the evidences charters and writinges touching and courting the saide landes and tenements are by casual meanes come to the handes custodie and possession of one Sir Robert whitney of witney within the saide countie of hereford knyght who by the onlye co_ler of having of the saide evidences charters and other writinge hathe entered into the saide capitall messuage landes tenementes and other the premyses and thereof hathe dispossessed your said orator and althoughe your saide orator hathe diverse and sundrie times requested the saide Sir Robert whitney as well for to deliver the saide evidences charters and writinges As also for to permitt and suffer your your said orator quietlye and peceablie for to occupie possesse and _n[torn]e the saide capitall messuage and other the saide premisses according unto his Juste righte title and Interest therein yet that to do he alwaies hathe and yet dothe reffuse and utterly denye for to do agenst all righte equitie and good dealinge In tender consideracon whereof and for asmucheas your saide orator dothe not knowe wether the saide dedes evidences charters and writinges be conteyned incheaste locked or unloccked Bagge or Boxe sealed or unsealed neither yet your saide orator dothe knowe the certen date of the same And therefore your saide orator hathe no ordinary remedie for to recover the same by the courte of the commen lawes of this realme And also as much as the saide Sir Robert whitney is a man of greate rule and au_gtoritie within the saide countie of Hereford and your saide orator beinge upon man and of small abilitie not able to contende withe the saide Sir Robert Whitney And so it like to be witheout all remidie for the same unlesse your good Lordeshippe accustomable ayde and lawfull Favour be in this case showed It maie therefore please your good Lordshipp the premisses tenderlie considered for to grannte the quenes maiesties moste gracious write of Suppena to the saide Sir Robert Whitney to be diverted commanding him thereby at a cirten daie and under a certen paine by your good Lordeshipp therein to be limited personally for to appeare beffore your good lordshipp in the quenes maiesties moste highe court of the country Then and there for to annswere unto the saide premisses and for to stande and abide to suche Furder order and durecion therein As by your good Lordeshipp shalbe thoughte mete and convenient in that behalf and your saide oratour Shall daylie praie for the preservacon of your good Lordshipp in muche honour and happie estate longe to endure

Folio 2

In progress

01 Elizabeth dei gra[cia] Angl[ie], ffranc[ie] et Hib[ernie] Regina fidei Defensor etc _ilau aibi Gregorie Priest Armigo et John Parrye Benose _alt__ - cum Rich_d Whytney 02 genofus quit____ petu__m coram nob in cantella_ ____ _fus Robtum Whytney militem ___ exhibuit ___ eidem Robts p b_e ___ prepum __ ____ 03 coram nob in S_t 04 maximo corporia am prevails laborare [torn] _uffiat ut accep___ 05 Robtum de 06 _ dup m____ p_____ p___ diligent ___________ Et ____ vob 07 di commode __ ____ __________ non possit Ac ____ Robtum de _ dup 08 09 10

Folio 2v

[In Latin]

Folio 3

To the right honorable Sir Richard Bacon Knight lorde keaper of the greate of england

In most humble wise complaynyng showeth and enformeth your hon[or]able lordshipp your dayly orator Richard Whit[ne]y of Castelton of the parisshe of Clifforde within the county of heref[ord] gentleman That whereas Robte Whitney late of Castelton aforesaide within the saide countye of Heref[ord] gentleman Father of your said orator was late fully seased in his demea[s]ne as of fee of and in one tenement or capitall measuage with the appurtenances called Bytterlyssyde set lyeng and being within the lordshipp of Pencomb within the said countye of heref[ord] and of and in said lande meadowes pastures and feadinges unto the capitall measuage belonging and apperteynyng and so being therof seased thessues and profitte therof yssuyng commyng and growing by the space of fortye yeares of theraboutes quietly and peaceably did preceyde _____ and take without any lawfull lett trouble molestacion or denyall of any person or persons and after at castelton aforesaide died ___ __ __ __ and please your good lordshipp that after the deceasse of the said Robte Whytney Father of your said orator the evidence ____ and writinges touching and _______ the said lande and ___mentes ___ by actuall meanes come to th___ custodye and possessyon of one Sir Robte Whytney of Wytney within the said countye of Heref[ord] Knight who by the onelye ____ of _____ of the said evydence thes and other writinges hath entred into the said capitall mesuage lande tentes and other the premisses and and therof hathe dispossessed your said orator And although he your said orator hath d__s and sundrye tymes requested the said Sir Robte Whitney as well for to delyver the saide evidence th_es and writing and also to permytt and suffer your ____ mater quietlye and peaceablye for to occupye possesse and enyoye the said capitall measuage and other the said _______ ______ding unto his most right title and mkest therin yet that to doo he alweies hath and yet doth refuse and utterly deny for to doo agaynst all right equitye and good dealyng in consideracion wherof and forasmoche as your said orattor doth not knowe whether the said dede evidence thre_ and writing be conteyned in theft locked bagg or box settled or unsettled neither yet your saide orator doth knowe the certeyne date of the same and therfor your saide mator hath no ordinarye remedye for to recover the same by the course of the commen lawes of this realme and also forasmoche as the said def. Robte Whitney ___ man of greitte Rule and authorytye within the said countye of Heref[ord] and your said orator being a poore man and of a small abilytye not able to contente with the saide Sir Robte Whytney and so __ like to be without all remedye for the same _ulesse your good lordshippe ___stomable ayde and lawfull favor be in this case shewed. It may therfore please your good lordshipp the ____ssed tenderly considered for to grannte the Quenes ___sties most gracious Writt of Subpena to the saide ___ Rob[torn] Whytneye to be d____ commanding him therbye at a certayne daye and under a ____ paine by your good lordshipp therin to be __myted personally to appease before [torn] good lordshipp in the Quenes __tiestyes most highe court of Chauncerye then and there to make _____ unto the said premisses

Folio 4

In progress

The answer of Sir Robert Whytney Knight defendant to the 4 bill of complaynt of Nicholas Whitney complaynant

01 The said defendant saisyd that the said bill of complaynt is _________ _______ and insufficient in the Lawe 02 be answered was for dyv[er]se and sundry insufficient causes? in the same complaynt many _____ _____ whereof he 03 praye and advanse__ and saise that the same bill of complaynt is ___faylye and most _____ _____ and __ _______ 04 by the said complaynent to put this defendant to wilfull coste charge and expense in the Lawe and the matter in the 05 same bill of complaynt ___________ it is mow truwe as it is not in dede is matter _____ and ____ determynable 06 and to be determyned by the ___ and order of the commyn lawes of this Realme wherein he praith to be _____ 07 and for asmoche as the said complaynent and this defendant also and bothe removant withein the Com of Heref as by 08 the said bill of complaynt by the surmyse of the said complaynant appereth whiche Com of Heref is within the 09 ____ of the Quenes Ma[jest]y _______ of the Lord president and after her grace counsell in the marches of wales 10 where all chann_erge matters happenyng or growing within the Queenes Ma[jest]y __________ and marches of wales 11 are determynable and to be determyned this defendant praithe to be dismissed out of this honorable court and to be 12 Edmytted to the ___all of the said Lord President and counsell. Nevertheles if this defendant by the order of 13 this honorable wh[i]che shalbe compelled to make any further answere to the said _________ and untrewe complaynt then 14 the advantage of the 15 answere this defendant saize that one Robert Whytney esquier father of this defendant abouse ex ____ last past 16 was lawfully seased in his demezne as of fee of and in the 17 called Billterslyssyde in the said complaynt 18 feodynge was the said tement or capytall messuage belonging 19 20 the 21 was the said Robert Whytney. ________ whereof this 22 landes meadowes leas__es and pastures 23 and theIssues and profites therof commyng and growing 24 and the evydence charters and other writting 25 and 26 him to do without that that Robert Whytney father of the said complaynant was lawfully seased in his deme____ 27 as of fee of and in the same capytall mesuage 28 and th_____ and ____ that that the said Robert Whytney father 29 therof and _____ that that the said Robert Whytney father to the said complaynant 30 _____ and ____ therof 31 collected 32 ______ 33 ______ or of any 34 ____________ is this answere not 35 defendant 36 his moste ______ __________ Parry

Folio 5

The Replicacon of nicholas whitney compl. to thannswere of Sr Robert witney knight deft

The saide complaynnt. for replicacon saiethe that the saide bill of complaynt exhibited agenst the saide deffendannt in this honorable courte is certen trewe and sufficient in the lawe to be annswered unto and that the matters therein conteyned are not framed Demised of Imagined uppon malice to put the saide Deffen. to wrongfull chardges and expences But that the same art good [inshe?] and trewe witheout anye craftie Devise or Imaginacon And matter detereminable in this honorable courte beinge of the yerly rentt of tenne poundes by the yere of thereaboutes And saithe that the saide annswere is uncerten untrewe and insufficient in the lawe to be replied unto Thadvanntadge of excepcon to the insufficiency whereof to him alwaies saved The saide complaynnt. for furder declaracon of the truethe saethe That longe time before the saide Robert witney father of the saide complaynnt. anie thinge had in the saide premisses that one Robert witney granndfather of your saide orator was thereof lawffully seased in his demeasne as of fee And so beinge thereof seased By good and lawffull assinennce and conveyinnce in the lawe Did assuer and convey the saide premisses unto one Thomas witney and to the heires of his boddye lawfully begotten And for default of suche issue to Robert witney father of your saide orator and to his heires for ever And that the saide Thomas Died witheout heire of his boddye And that the saide Robert father of your saide orator did enter unto the saide premisses and was thereof lawfully seased in his Demeasne as of fee And thissues and proffitte thereof issueng risinge comming and groweing by many yeres peceably and quietly did perceave collect and take untill there fell a contencon betwene the saide Robert father of the saide compl. and one Thomas wyke for the saide lande whiche wikes served the saide Robert father of your saide orator withe a suppena And thereuppon the saide Robert beinge a verry aged and olde man Desired the saide Robert witney father of the saide [torn]endennt for to ayde him in his saide suite and Delivered unto him his Deades touching the saide lande / who having the saide Deades toke the profitte of the saide lande And [torn]ard the saide Robert father of the saide complaynnt. Died and the saide Robert father of the said Defendnnt. Died Sithe whose Deceasse the saide compl. hathe Diverse and [torn]e times requested the samaide Defendannt as well for to deliver the saide Deades and other writinges touchinge and concerning the saide premisses As also for to P[er]mitt and suffer the saide complaynnt. for to enter into the saide premisses according unto his inste righte title and interest whiche he hathe alwaies refused for to do agenist all righte Daintn and good Dealinge witheout that the saide Robert witney father of the saide Defendannt. was thereof seased aboute threscore yeres laste paste Or that the saide premisses oughte of righte for to come and Discende unto the saide Defendannt Or that the saide Defendannt oughte of righte for to take this sute and profitte thereof Or for to deteyne and witheholde the evidences charters and writings touching and concerning the saide premisses And witheout that anye other matter thinge or couse in the saide answere alledged materiall or effectuall to be replied unto And not hereby sufficiently Demed traversed cofessed or avoyded is trewe All whiche the saide complaynnt. is reddye for to werr and prove As this honorable courte shall award And praiethe as he before in his saide bill hathe prayed [h?] ffetiplace

Folio 6

In progress

Note: This document is torn on the left side, obliterating the beginning few words on five lines and a few characters on others. It is also cut close and curling on the right side, obliterating a few characters on a few lines. It is also folded in upon itself in several places, hiding several chacters on several lines and making the interpretation difficult. The folds are marked with the "/" characters which cross several lines.

the reioyndre of Sir Robert Whytney Knyght defendant to the replycacon of Nicholas Whytney playntyff

6 End

___ the said def / _______ of reioyndre _________ and sayth that his answere is in ___ / ______ and ______ true certen and sufficient in law to be / __hyed unto and the replicacon of the prelet very insuffio_ and / yne de_ture almost in enye apoynte from his said bill of compla__ / ___ from the maters theron aleged the said bill dec_ / _ the said Evidences to have come casually to the handes of this def _ / _______ whereof he enteryd and __ / __ the __ / and the replycacion is that t[--]y were dely_ded by the ____ father to his ha / of the def[endant]s father by meanes / whereof _ / defs father entryd and sold the persyns and the landes destended to the def as same a__ / ____ to his said father beside the bill in that the __oted father was seased of the premisses in his demayne as of fee and that after his de / the _____ entryd and was therof also seysed untyll by the def disseysed where___ and for all the said causes and many other more / __ demanndeth Ind____ and prayeth to be dismyssed w[i]th his reasonable costes the prelet as it semeth by the man[ner] of his motion ___ / _ not knowynge of anything understandinge of any Manor of goodtylle he hathe to the premiss but is all together theras ___ / _thoughe to satysfye his malicious and spytefull mynde for further reparacion trouble and expenses he hathe _______ __ /____ of tytle and _____ of right thereby to deface this def[endant] ___yent Inherytance whiche the prelet well knoweth to h___ _ / _____ in this def[endant]s and his demesnes by manye di____ w[i]thout any chalenges clayme or interrupcion of any person without that [fold]_ prelet grandfather _____ or father was ___ of the premiss seased or __ toke any profyttes thereof or dyd or coulde make any lawfull conveyance [fold]_ suche maner and same as by the said replycacion is untrulye surmysed what _____ forged evidense thereof the prelet father dely__ed [fold]_s b_ _y_e he hath sonnes or eles he could not have made that maner of tytle _______ by his bill and answere __ _____ ___ [torn]_at_ no evidence at all, But yet whiche tytle is as it semeth, a tytle at large, and w[i]thout that there sell any suche contencion for the ___ffes or that the said _____ or the _____ _______ [torn] the said Wykes or the prelet father ^ had ever anything right or tytle therein or that there upon the prelet father dely__ed _ [torn] evidences to the def[endant]s father because he shuld ayd hym in the sute against hym had by the said Wykes so as by the said [torn] most untrowlyds alegyd ___ yet w[i]th alegacion is also _____ from the said bill the prelet therein alegynge that his of ___ ________ father [torn] Quyetly ______ the issues and prefyttes ^ wythout any trouble molestacion or denyall of any persone or persones w[it]hout that the said prelet and _____tyd this def to delyv[er] hym the said evidences or to permytt and suffer hym ________ to take the profytte [torn]___ding to his right _as in the said bill and replycacion is moste untrulye alegyd for the said def sayeth that nether [torn]hym self or any other w[it]hin the Countrey where the said landes do lye on hande of this matter before nowe and further the said def[endant] sayeth as in his said answere he hath said and dothe and will and all and everye thinge and ______ in the[torn] said answere and this reioyndre alegyd to be riht and trwe in suche maner and forme at the same is in them and everye of the there sett forthe showyd and declared wythout that there is any other thinge in the said bill and replycacion alegyd w[hi]ch are ____ materiall to be __i_yned unto and not by this reioyndre suffice ____syd confessed a__yded or denyed all w[hi]ch and ____ maker this def[endant] is redye to ____ and ___ as this honorable courte shall award and sayth as in his said answer he hathe __ sayd b___