Archive:C 3/186/32
[http://www.nationalarchives.gov.uk/catalogue/displaycataloguedetails.asp?CATID=4674347&CATLN=6&Summary=True&j=1 "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 _____ 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 _orked or un_orrked 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 Latin]
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
The said defendant sais_d that the said bill of complaynt be answered was for _____ and sundry insufficient causes? in the same complaynt many pr by the said complaynent to put this defendant same bill of complaynt and to be determyned by the ___ and order of the and for asmuche as the said complaynent and this defendant also the said bill of complaynt by the ________ of the said complaynant ____ of the where all are determynable and Edmytted to the ___all of the said Lord this honorable ___ shalbe compelled to make any further answere the advantage of the answere this defendant saize that one Robert Whytney esquier father of this defendant abouse ex ____ last past was lawfully seased in his demezne as of fee of and in the called Billterslyssyde in the said complaynt feodynge was the said tement or capytall messuage belonging the was the said Robert Whytney. ________ whereof this landes meadowes leas__es and pastures and the and the and him to do without that that Robert Whytney father of the said complaynant was lawfully seased in his deme____ as of fee of and in the same capytall mesuage and th_____ and ____ that that the said Robert Whytney father therof and _____ that that the said Robert Whytney father to the said complaynant
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
Sir Robert Whitney of Whitney
