Archive:REQ 2/284/30
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This case began with a complaint made by Thomas Whitney of Castleton, gent. against William Watkin Lewis and Evan Lloyd concerning lands in Craswell. It seems that Thomas had used this land to guarantee his payment to the family of Howell Watkins, who he was accused of murdering. The defendants claimed that he had willfully murdered the man, but Thomas claimed that Howell had been accidentally hurt in an altercation. It seems that Howell Watkins was actually married to Margerie Whitney, daughter of Thomas' eldest brother Nicholas Whitney. Thomas stated that he was acquitted of the charges of murder by a grand jury, who found it was a case of manslaughter.
Note that due to the lands in Craswell mentioned in this case, we know that this was Thomas Whitney, son of Robert Whitney of Castleton, who had bequeathed this land to Thomas in his will, dated 1555.
The folios in this document are numbered in reverse chronological order, with folio 6 being the original complaint, folio 5 an edited copy of 6, folio 4 a demurrer by the defendants, folio 3 the answer of the defendants, folio 2 the replication of the complainant, and folio 1 an edited copy of folio 2. They are listed below in chronological order, rather than numerical order to assist in following the case.
Folio 6
Folio 5
01 In moste humble manner beseacheth your maiestie your true and faythfull subiect Thomas Whitney of Castleton in the Com of Hereford That wheras aboute three yeres paste upon a soden 02 Affraye happenynge betwene your said Subiect and one Hoell Watkins deceased ___former mallice or evyll will before being betweene them in which affraye the said Hoell by his 03 willfull and violent assaultinge of your Subiect receaved a wounde whea____ he Languished for a tyme and afterwarde dyed After whose decease Albeit the widdowe and late 04 wiffe of the said Hoell Watkins was by apeale Entytled to call in qwestion the death of her said husband yet _____eles and William Watkin Lewis brother of the said Hoell beinge a 05 Craftie and subtill person and of greate frendes kyndred and alyans within the said Com of Hereford meanyng _ought ____sa_e only to extort from your Subiect being fearfull of Suyt some rewarde 06 or brybe did to that end gave out in speeches (though moste untruly) that your said Subiect had willfully murdred the said Hoell Watkins and threatened he would __ the same _____ your subiect 07 to be endicted and attayn_ed of willfull murder for that facte and for that purpose aforesaid shortly after did p__sse____te Jury to and move the corr_n___s enhaveste which wear then sworn impannelled 08 and charged supervise corporis to engwyer of the manner howe the said Hoell Watkins came by his death / to fynd that your subiect hadd willfully murthered the said hoell watkins g__inge 09 in evidens and producing before the said Jurye certen suborned wittnesses of me credyte to sweare the same accordingly and entered to have procured dyvers such other wittnesses to _____ his 10 to ___ whear by your Subiect notwithstanding his Innosonse should have ben drawen (though ___sely) into some danger and hazard of his lyff wheare upon dyvers of your subiectes 11 frendes ernestly advised your Said subiect rather to geve unto the said william watkin lewis a peace of money which was the only stope he shott at rather then by false wittnesses 12 to be brought in hazard to lose both lyff and landes and goodes by which perswasion and the Importenate entreatie of his frendes your said subiect yeelded without any cause or reson to enter 13 into compossicon and agreement with the said william watkin Lewis therby to procure safetie and qwietnes but your said subiect wherupon by mod____ of frendes It was at length 14 agreed betwixt your said subiect & said William Watkin Lewis that your said subiect should __spect of his qwietnes and to avoid trouble in the matters aforesaid satisffie and paye to the said Wm 15 Watkin Lewis the some of a hundred and fety poundes at certen dayes then agreed between them and that __ the assurans of the payment of the said some upon the same day as your said subiect should _______ in 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58
Folio 4
Septum die Juny Ao R Rna Elizabeth ___ xxxi (7 June 1589)
The said defendants by protestacion saye that the said Bill of Complaynt is exhibited against them and eyther of them of malice without any good Cawse or
Just matter To thintent to part theis defendantes dwellinge in the Cowntye of hereford on hundred and twentye miles of thereaboute from the Cyttey of Westminster where
this honorable Cowert is holden / to great and excessyve Chardge and other troubles and therby Utterlie to ympoveryshe them Whyche they most humblye praie
maye be Considered And for plea saye that the said Bill of Complaynt and the matters therein contreyved are altogether insuffycyent in the lawe to be Answered
unto, And that neither theis defendantes nor eyther of them are not by lawe nor by thorder of this honorable Cowert Compellable to make any Answere to the said insufficient
Bill ffor that aswell the said Complaynant as the said defendant dwell within the precynct of the Jurisdicion of the Lord President and Cownsayll in the marches
of Wales, And that yt so appeareth by the shewynge of the said Complaynant in the said Bill of Complaynt And for that also yt appeareth in the said Bill
(and so the trueth of the Cause is) that the same matters and causes nowe exhibited and _ferred by the said Complainant in his said Bill to this honorable Cowert have
beene heretofore exhamined by the said Lord President and Cownsell in the marches of Wales in Certen suyte dependynge before them in their Court in the said Marches
of Wales betweene this defentante and the said Complaynant and thereparcell of the said matters nowe yet ___ thye depend there to be_ard this p___ Try____ _orm_
in the one and Thyrteth yeare of the Raigne of our Soveragne Ladye the quenes majestie that no__is And for that also the said Complaynant doth confesse
in his said Bill of Complaynt that Edward Havard named in the said Bill hath by order taken and made by the said President and Cownsell receved
from this defendant Jevan lloyd the possession of the said landes specifeid in the said Bill of Complaynt and therof dispossessed the said defendant Jevan lloyd
and so this defendant Jevan lloyd havinge payed the some of one hundred and forty powndes for the said landes specifeid in the said Bill of Complaynt And beinge
thereof dispossessed [.... torn ....] the said counsell And the said Complaynant having broken his covenantes in that behalf to this defendant made hath
good cawse to [... torn ...]tie of such landes as he hath of the said Complaynant And that he is not by any equitie to be stayed thereof And
the _ather for [... torn ...]of the said Causes preferred into this Cowrt depende before the said Lord President and Cownsell in the marches in the
of Wales and th[... torn ...]esseth in his said Bill that he cannot have any staye of the said suyte att the Commenlawe by _________ or other Wyse before
the said President[... torn ...]th mainfestiye showeth that he hath no good cause to have any such staye for ___ he hade any good cause to staye
the said suytes noe ___[... torn ...] Cownsell beinge a Court of Equitie would staye the same suyte ffor which causes the defendantes demurre in lawe And
praye to be dysmyssed with _[... torn ...]able Coste for their ______________ in this behalf.
Folio 3
to the bill of Complaynte of Thomas Whitney
Miscellaneous extracts for now...
Not having the feare of god before hys eyes but beinge provoked by the instigatione of the Dyvell most voluntaryly and willfully kill and murder the said howell watkins in moste shamefull and detestable order After which murder so had and ppertradyd the said complaynant knowinge in hys owne conscince that he was giltye thereof fledd the countrye
Margerye daughter to Nicholas Whitney eldest brother to the complaynant was att the tyme of the said murder comyttede wiefe to the said howell watkins
Richard Whitney brother to the said complaynant
Folio 2
xiiijth die Octobr Ao Rna Elizabeth xxxj
The said complaynant maynteyneth his bill and the matter therof to be good and true certen and sufficient
in the lawe to be answered unto, and saieth that the answer of the said deffendant are untrue, uncerten
and insufficient in the lawe to be replied unto, and the same will answer and prove as this
honorable cowrte shall adwarde. without that that this complaynante dyd beare any mortall
malice to howell watkin in the bill & answers named or did of his pretended or forsetled
malice willfullie kill or murder the said howell in any shamefull or detestable order or
that this complaynante knewe in his consciens that he was guyltie of the said supposed
murder, or en. fledde the countrey, or that margerie wief of the said howell watkins had
cause to presennte the appeale for the said supposed murder against this complaynante, or did
submytt herself to the rule governement or dyrecion of the complanante, or that the supposed
detestable murther was unex~ayed, or that this complaynante is a gentleman of such frindes
or kynred as in the answer is surmised, or that by the meanes in thanswer specified the said
murder was like to be cloked up in the manner & forme as in the said answer in surmised. And
without that that the defendant william watkin lewis or his said brother in the answer named, refused at
the supposed agrement therin specified to take of the complaynante any other assurance for payment
of the said Cxll therin specifyd, but money or plate, or that the ffrindes of the complaynant did
labor to the deffendant Jevann lloyd to disburse the said some unto the deffendant william watkin and to
brethren lewis & John in the answer named or to any of them, or did promise or undertake
to the deffendant Jevann lloyd that the said complaynante [crossed out] shoulde enter into any bonde
in the some of foure hundred poundes or in any other some for _____ man~ne of the said bargane
or warrentie of the said landes & tenementes to the defendante Jevann lloyd and to his heires & assigned
foren. or that the defendante Jevann lloyd did pay unto the said def william or to his said brethren
or to any of them the some of Cxll or any pec_ or parte therof or payd to David Thomas
William, or that the def jevann lloyd bound himself with eny suerties unto the said David Thomas
William for warrantie of the said landes unto the said David Thomas wm & to his heires in
morgaige in manner & forme as in the said answers are untrulyie declared. And without that
that the estate right title or interest of this complaynante at the makinge of the said
assurance was not good nor sufficient or was ffeeble int he lawe, or that this complaynante
did so confesse in eny sinte before the Connsaill in Wales, or that upon eny such confession
there passed eny such order before the said Connsaill as in the answer is surmised, or that there
was eny ffrawde or collusion betwine this complaynante & Edward Havard in the answer
named to defeate the def Jevann of the premisses, or that the said Jevann lloyd or his under tenantes
lost the possession of the premisses by eny lawfull meanes, or that the same was lawfullye
ordered to the said Havard, or that the said Jevann lloyd hath lost the said landes, or
disbursed the said ______ or eny parte therof or is in danger of eny bond to the said
David Thomas Williamm, or is in____ _____ to his said bonde either upon brech of the said
covenante, or upon forfecture of the said bond or otherwise in manner & forme as in the
said answer is Surmised, and without that that eny thinge ells not_______ & is true
All with matters __ ___ _____ demandeth judgement & ____ as in his Byll C____
he hath prayed
Folio 1
xxiiijth die Novembr Ao R__ Elizabeth xxxij do
The saide Complaynante averrreth Justyfieth and maynteyneth his saide Bill and all & only the matters thearin Conteyned to be true certayn & in the lawe suffyciente and that the Joynte and severall answers of the saide defendantes are very untrue and Insufficient to be answered unto, The benefytt of excepcion to the insufficioncy therof beinge unto this Complaynante saved and reserved for the Replycacion he the same playntiffe sayeth as in his Bill before he hath saied without that this Complaynante did comytt any such murther Kyllinge of the said Howell Watkins in manner as in the said answer is moste untruly alleged And without that this complaynant ever fledd the Contery for the same in manner also as in the said Answers untruly suggested and without that also the appeale for the Death of the saide Howell Watkins was _______ to be sued by the Wyddowe and late wife of the said Hoell in respect of any kynred betwene her and this complaynante in such manner as the defendante in their answer have untruly pretended And without that the said defendante William Watkyns for any such cause as in the answers is alleged did take in hande the _______ of the same facte againste this Complaynante or did or could produce and honeste or true witnesses for proofe of the facte in any such degree as the defendantes
