Archive:C 2/ChasI/W123/74

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Archives > Archive:Probate Records > Archive:Records in The Catalogue > C 2/ChasI/W123/74

Summary

Eustace Whitney & James Whitney vs. James Booth

Dates

Probably 1639 or 1640. Although The National Archives dates this document to 1625-49, a related document is dated Nov 1639, so in all likelihood this document dates from 1639 or 1640.

Parties

  • Eustace Whitney, the current head of the Clifford branch of the Whitney family
  • James Whitney, a "fitly younge man" and son of Eustace Whitney.
  • James Booth, Jailer of Her Majesties Prison of Hereford

Locations

  • Herefordshire, England

Related Documents

  • Bill of Complaint - missing
  • Answer - missing
  • Settlement Request(?) - C 33/178 f. 117r - Nov 1639
  • Replication - C 2/ChasI/W123/74 (this document)
  • Interrogatories - C 21/W68/15 - 16 May 1640

Transcription

The Replycac(i)on of Ewstance Whitney & James Whitney his sonne Replyants to the Answeare of James Booth Defend(an)t

The said Replyants for and by way of Replycac(i)on sayen and each of them as in all & ev(er)y matter as in & by their said Bill of Compl(ain)te they have allreaddy said & will averr mayntayne & prove theire said Bill of Compl(ain)te to bee good true iust & sufficient in the Lawe to be by the said Def(endan)t Answeared unto And his the said Def(endan)ts Answeare to bee untrue eniust & insufficient in the Lawe to bee by these Replyants Replyed unto for div(er)se manifest & apparent faults & imp(er)fecc(i)ons therein app(ear)einge Nev(er)thelesse the benefitt & advantadge of all excepc(i)ons to the incertayntye insufficiencye & other the imp(er)fecc(i)ons of the said def(endan)ts Answeare nowe & att all times hereafter to these Replyants saved & reserved they these Replyants or a full & absolute Replycac(i)on thereunto sayen & each of them say as in & by theire said Bill of Compl(ain)te the have already sayed And further say that hee the said def(endan)t James Booth in the said Bill of Compl(ain)te menc(i)oned combininge & confederatinge togeather to & with his servants & tapsters & of purpose to put the said Replyant James Whitney to excessive chardge & expences dureinge his beinge in prison w(i)th him in the warde of Hereff(ord) in the Bill of Compl(ain)te menc(i)oned hee the said James Booth did cause his said Tapsters to fill & drawe div(er)se potts & flagons of beere & pipes of Tobacco to him the said James Whitney & others his friends that came to visite him & p(er)mitted other pott? Companions & fidlers with such idle p(er)sons to drinke uppon the said James his score And the said James Booth well knoweinge that the said James Booth Whitney was a fitly younge man & able to pay did cause his Tapsters aforesaid by the Combynac(i)on & confederacye afforesaid to score downe uppon the said James Whitneys accompt the whole sum(m)e as allwaies should happen to bee in when hee & his friends should happen to bee in Company with any other And afterwards for his owne better satisfac(i)on & privat good [ beinge a suttle & a Crafty man ] & the easier to delude & deceive the said James Whitney & to work his will uppon him did induce & inveyle him to drinke in soe much that he not knowe not what hee did hee the said Booth takeinge advantadge of him the said James beinge soe overtaken in drinke that hee was not capable of what hee did hee the said Booth caused him the to put his hand to a false & untrue note which hee the said Booth of his Tapsters contrived amongst them for soe much beere & Tobacco as was taken by the Confederates & fidlers afforesaid & others his friends that came to visit of him the said James Whitney ____ afforesaid And these Replyants further say tat they or one of them did pay unto the said James Booth for dyett lodginge & other necessaries that were given to him the foresaid James Whitney the sum(m)e of Tenn pounds in the said Bill of Compl(ain)te menc(i)oned & att he paym(en)t thereof they the said Replyants did agree to & with the said James Booth for the dyett of the said James Whitney & hee the said Booth att the said agreement did faithfully promise and agree that hee would lett the said James Whitney have his lodgeinge for nothinge And the reason why hee did deale soe loveingly with him was [ as these Repl(yan)ts conceive ] for that the said Whitney had spent soe much uppon beere & Tobacco in his said house as afforesaid & had beene soe bountifull to him & his said Tapsters & servants afforesaid dureinge the time of his said imprisonment And these Repl(yan)ts further say & trav(er)se without that that the keeper of the prison or warde of Hereff(ord) afforesaid did & doe usually take & receive of prisoners for dyet & lodginge Twentye pence a day for every day they shall remayne in the said prison over & above other necessaries as they shall call for dureinge the time of theire impris(on)ment And without that tha the said James Whitney was indebted unto the said James Booth for dyett lodgeinge & other necessaries in the sume of seaventy one pounds five shillings and Tenn pence over & above the afforesaid Tenn pounds that hee received from the said Replyants as afforesaid __ uppon an accompt had betweene the said James Whitney & the said James Booth there appeared that hee the said James Whitney was soe much indebted unto him Or that hee acknowledged the same Or that there was ever any such accompt betweene them Or that his mother & sister at any time solicited him the said Booth for the well useinge of him the said James Whitney dureinge his said imprisonment Or that they his said mother and sister Or any other by or under them Or by theire or any of theire consent direc(i)ons did promise or undertake eyther in p(er)son of by theire l(ette)res to paye and sattisfie the said James Booth all such charges & expences as he the said James Whitney would spend spend as by the said Def(endan)ts answere is most falsly suggested And these Replyants further trav(er)se without that that the Replyants or any of them refused to pay that which was due by the said James unto him the said Booth but are willinge & ready as ever they were to pay & sattisfy him any sum(m)e or sum(m)es of money that shall appeare due unto him if hee will make a true & a iust note of what is due & oweinge him for the dyett lodginge & other necessaries given unto him the said James Whitney as afforesaid And without that that hee the said James Booth did offer to take twenty pounds in hand & above for the rest and residue of the pretended monies due & owinge him from the said James Whitney for his dyett & lodginge afforesaid Or that the totall sum(m)e of monies as the said James Whitney did owe unto him the said Booth did amount to the sum(m)e of sixty pounds foureteene shillings tenn pence over & above the Tenn pounds received by him as afforesaid & a debt due by one Colly in the Bill & Answeared menc(i)oned wherein the said James Whitney was bound as suerty for the said Colly beinge one Hardwickes debt as by Bill alleadged Or that this Replyant Eustance Whitney is or ever was unwillinge to gett him the said James out of prison from out of the Custody of the said James Booth In regarde the said Booth did p(er)mitt & suffer soe many fidlers & his owne servants & other pott=Companions to drinke uppon his the said Whitneys score as affores(ai)d Which did tend to the said James Whitneys great shame and discreditt And without that the said James did not consent to preferr the Bill of Compl(ain)te exhibited into this hono(ura)ble Courte agaynst the said Booth Or that the sum(m)e is maliciously exhibited agaynst him of purpose to vex or trouble him but ( as these Replyants hope under favour of this hon(oura)ble Courte it was right & needfull for them soe to doe And lastly these Replyants Traverse without that that any other matter or thingemateriall or effectuall in the Lawe to bee by these Replyants Replyed unto and in this Replycac(i)on not well and sufficiently confessed or avoyded trav(er)sed or denyed or otherwise Replyed unto is true All which matters these Replyants are ready to averr and prove as this most g(raci)ous Courte shall award & pray as by Bill they have allready prayed.

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