Archive:C 3/191/81

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Dates

• 5 May 6 Edward VI (1552) - Supposed grant of land from the Crown to Nicholas Whitney
• May 1566 - Bill of Complaint

Parties

Plaintiffs

• Nicholas Whitney, of Clifford, Herefordshire

Defendants

• Sir Robert Whitney, of Whitney
• Richard Trotman

Others

• Anthony Borger, Esq., of London

Folio 1

May 1566

To the Right hon(or)able Sir Nicholas Bacon Knight Lord Ke(e)per of the greate seale of Englande

In moste humble and Lamentable man(ner) Complayning sheweth unto your good Lordshipp your dayly and Faithfull Supplyant Nicholas Whytney of Clyfforde in the Countie of Herryforde gentleman that wheare the late Kinge of famous memory Kinge Edwarde the Sixt was seased in his Demesne as of Fee as in the right of his Crowne of England of and in dyv(er)se Lands and Tenamentes Scytuate Lying & being in Mydlewoode and lytleham p(ar)cell of the manor of Clyfforde aforesaide and the saide late king so being therof Seased by his Letters Patents under the Seale of his Courte of Augmentacion bearing date at Westminster the fyveth daye of Maye in the Syxt yeare of his heighnes Reigne did Demise graunte sett and to Farme lett unto yo(u)r said orator one hundreth fourty and one Acres of Land p(ar)cell of the saide manor and the thryde p(ar)te of the Demeasnes of the man(n)or of Clyfforde aforesaid And also one Acre of Lande and medowe in Lytleham aforesaide and two Acres of medowe in mydlewood aforesaid other p(ar)cells of the saide mannor To have and to hold to hym your said oratour his executors and Assignes frome the daye of the date of the [sai]de Letters Patents for and unto the full end and terme of Twentie and one yeres then next and Imediately folowing fully to be [com]plete and ended for and by one yerely rent therefore Reserved in and by the saide Letters Patente as by the same Redie to be shewed in this honorable Courte more playnely dothe and may appeare By force of whiche said graunte and Demise your saide orator entred into the saide premisses and was thereof possessed acordingly and the yssues and proffites therof ever synce quietly & without contradicion of any p(er)sone or p(er)sones to his owne use hathe had p(ro)ved and taken as by the said Leasse he was lawfully Auctorysed & untill nowe of late and hit maye please your good Lordshipp that one Syr Robert Whytney Knight and Rycharde Trotman Confederating them selfes together have of late fayned and pretended and surmised and untrue Lease [of the] said premisses for the terme of Threeskore yeres or above wherof many should then be to come & unexpired of Long tyme [nowe] passd to be made to the saide Rycharde Trotman by one Anthony Borger of London esquier who in dede was Lorde and owner of the saide premisses in fee simple before the same premisses came to the handes of the saide late King Edwarde the Syxt which Rycharde Trotman sythence by undue meanes and practise to the intent the better to cloke and beare out the said indyrecte Shyffe of late hathe conveyed his said fayned interest of and in the said premisses unto the said Syr Robert Whytney Knighte who syns hathe not ceassed contynually to trouble youre Supplyant and by undue meanes hathe sought to wyne the Rightfull posession and interest from your said orat(u)or being a poore & _____ man of [and] in the premisses all which hath bene putt so in _re by the onely polecie and power of the said Syr Robert unto the Rewyne and undoing of your said Supplyant and famelye for ever Wherefore the premisses tenderly considered and in ayde & adva_______ of the Princes title acording as trueth and equitie will serve for the same hyt may please youre wysedome to grannte the Quenes Maiesties writt of Subpena to be directed to the saide Syr Robert Whytney and Rychard Trotman Comanding them by the same p(er)sonaly to be and appeare before youre honorable Lordshipp in the Quenes maiesties highe Courte of Channcerie at a certen daye and under a certen payne therin specified by youre good Lordshipp to be Lymited then and there to make Aunswer to the premisses and further to stand and abide suche farther order and direction therin as to youre good Lordshipp shall seme moste agreable to Right equitie and good concience And yo(u)r saide orato(u)r shall daily pray to almightie god for the prosperose estate of yo(u)r good Lordship in health & felicitie Long to enduer

Folio 2

The Aunswer of Richard Trotman to the byll of Complaynt of Nicholas Whytney

The said Defendante sayeth that the said bill is uncerten untrue and Insufficyent in law to be Aunsweryd unto and the matters therein Devised by the said complaynante only to putt the def(endan)t to vexac(i)on troble ad expences beinge A pore man for he the same Def(endant) for the Declarac(i)on of a troble sayeth that trew yt is that the said Anthony Bocher in the bill namyd dyd demyse and lese unto the said Defendante aboute the fourthe yere of the Reigne of our Late Soverayne lorde Kinge Edwarde the Sixte the lands and tenements in the bill expressid or some p(ar)te thereof for many yeres then to come the certenty whereof he can not now well remember for that the same defendant dyd aboute the same yere graunte and assigne over unto the said Robarte Whitney knight in the bill also namyd beinge the other Def(endan)t all his estate and terme of yeres then to come of and in the said lands & tenem(en)ts without that the said S(i)r Rob(er)t Whytney and the said Richard Trotman confederatynge themselffes together have of late fayned ad p(re)tentyd one surmysed and untrewe lese of the said p(re)misses for the terme of Threscore yeres or above to be made to the said Rychard Trotman by the said Anthony Bowcher In man(ner) and forme as in the said bill untruly is surmysed, or that the same Richard Trotman by undewe means and practyses to the intent to cloke and beare out the said surmysed indyrecte shyfts dyd convey his said estate and Interest of and in the p(re)misses unto the said S(i)r Rob(er)t Whytney In man(n)er and forme as lykewyse in the said bill sclanderowsly and very untruly by the playntyffe is aledgyd And w(i)thout that any other thinge materyall in the said bill to be Aunsweryd unto & herein not sufficyently confessid and avoyded trav(er)sid or denyed ys trewe all whiche matters the said Defendant is Redy to Averr and p(ro)ve as this hon(er)able courte shall awarde ad Demaundythe Judgment and prayethe to be dysmysed out of the same co(u)rte w(i)th his Reasonable costes and chardgs susteyned for his wrongfull vexac(i)on in this behalffe