Archive:C 3/186/32

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Summary

Nicholas Whitney v. Sir Robert Whitney, Knight: Parcel of the Lordship of Pencombe, Hereford, 1558-1579

"Whitney v. Whitney," 1566, Hereford, C 3/186/32, Court of Chancery: Six Clerks Office: Pleadings, Series II, Elizabeth I to Interregnum, The National Archives, London.

Folio 1 - Bill of Complaint of Nicholas Whitney of Castleton

  • Robert of Castleton was the father of Nicholas
  • Robert was seased of Bitterley's Hide, had it for about 40 years, then died at Castleton. After his death, the documents relating to the property went to Sir Robert

Folio 2 & 2v

  • In Latin, not yet translated

Folio 3 - Bill of Complaint of Richard Whitney of Castleton

  • Robert of Castleton was the father of Richard of Castleton
  • Robert was seased of Bitterley's Hide, had it for about 40 years, then died at Castleton. After his death, the documents relating to the property went to Sir Robert

Folio 4 - Answer of Sir Robert Whitney, Knight

  • Sir Robert said that the above was all false
  • Sir Robert's father Robert was seased about 60 years ago, he was seased about 25 years ago

Folio 5 - Replication of Nicholas Whitney of Castleton

  • Robert was the father of Robert, who was the father of Nicholas
  • The elder Robert was seased a long time before the younger Robert was
  • The elder Robert gave it to Thomas, but he d.s.p., so it then went to the younger Robert
  • The younger Robert was seased, many years passed, he was sued by Wykes (between 1518 and 1529 - see C 1/593/18)
  • Because Robert was "very aged and olde man", he requested assistance from Robert, father of Sir Robert, and sent him the deeds
  • Robert, father of Sir Robert assumed possession and took the rents from the property
  • Both Roberts died (Robert of Whitney in 1541, Robert of Castleton in 1555)
  • Nicholas requested the deeds many times
  • The defendant's father was not seased 60 years ago as he stated

Folio 6 - Rejoinder of Sir Robert Whitney, Knight

  • Sir Robert stated that Robert of Castleton had SOLD the land to his father

Dates

Parties

Locations

Related Documents

None known

Transcription

Folio 1 - Bill of Complaint of Nicholas Whitney of Castleton

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 concerning 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 progress

01 ___tu__ ist__s comissionis 02 __bis du____ Domine Regin_ ___ 03 Cancella__a ___ __tifi_____ 04 __ _____ ____ Robt 05 Whyteny militus de et 06 such materia peticionis 07 huit Comissio__ _____ 08 ___ _____ ____ corporalis 09 10 11 anus et __ Scriptis __dd_ 12 _________ Quadquidem respens 13 in cancellar_a p__dra una 14 __ ___ssler _______ 15 ____ __________ ______ Rbt 16 whitney militis ad ______ 17 et p__dend __ premiss~ sub 18 19 20 21 22 _____ nobis _______ 01 02 Gregorij Prist et 03 Jhis Parry infra __at

Folio 3 - Bill of Complaint of Richard Whitney of Castleton

To the right honorable Sir Nich[ol]as Bacon Knight lorde keaper of the Greate [Seal] of england In most humble wise complaynyng showeth and enformeth your honorable lordshipp your dayly orator Richard Whit[ne]y of Castelton of the parisshe of Clifforde within the county of hereford gentleman That whereas Roberte Whitney late of Castelton aforesaide within the saide countye of Hereford 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 but so yt ys 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 concernyng the said lande and tenementes are by actuall meanes come to chance custodye and possessyon of one Sir Robte Whytney of Wytney within the said countye of Hereford Knight who by the onelye ____ of having 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 divers 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 saide orator quietlye and peaceablye for to occupye possesse and enyoye the said capitall measuage and other the said premisses according 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 ys a man of greitte Rule and authorytye within the said countye of Hereford 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 ys like to be without all remedye for the same unlesse your good lordshippe ___stomable ayde and lawfull favor be in this case shewed. It may therfore please your good lordshipp the premysses tenderly considered for to grannte the Quenes maiesties most gracious Writt of Subpena to the saide Sir? Rob[te] Whytneye to be directed 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 maiestyes most highe court of Chauncerye then and there to make annswere unto the said premisses

Folio 4 - Answer of Sir Robert Whitney, Knight

In progress

The answer of Sir Robert Whytney Knight defendant of the 4 bill of complaynt of Nicholas Whitney complaynant The said defendant saiyd that the said bill of complaynt is _________ _______ and insufficient in the Lawe be answered was for dyv[er]se and sundry insufficient causes in the same complaynt many _____ _____ whereof he praithe advantege and saithe that the same bill of complaynt is ___faylye and most _____ _____ and __ _______ by the said complaynent to put this defendant to wilfull coste charge and expense in the Lawe and the matter in the same bill of complaynt ___________ it is mow truwe as it is not in dede is matter _____ and ____ determynable and to be determyned by the ___ and order of the commyn lawes of this Realme wherein he praith to be _____ and for asmoche as the said complaynent and this defendant also and bothe removant withein the Com of Heref as by the said bill of complaynt by the surmyse of the said complaynant appereth whiche Com of Heref is within the ____ of the Quenes Ma[jest]y _______ of the Lord president and after her grace counsell in the marches of wales where all chann_erge matters happenyng or growing within the Queenes Majesties pryncypalytie and marches of wales are determynable and to be determyned this defendant praithe to be dismissed out of this honorable court and to be Edmytted to the tryall of the said Lord President and counsell. Nevertheles if this defendant by the order of this honorable whiche shalbe compelled to make any further answere to the said surmysed and untrewe complaynt then the advantage of the insufficiensye of the said complaynt but him alwa[torn]____ and saved for trewe and playne answere this defendant saize that one Robert Whytney esquier father of this defendant aboute lx yeres last past was lawfully seased in his demayne as of fee of and in the said tenement of capytall mesuage with thappurtences called Billterslyssyde in the said complaynt mentyoned and of and [torn] the landes medowes leases pastures and feodynge was the said tement or capytall messuage belonging and [torn]teyning and so being therof seased aboute twentye and fyve yeres last past at Icombe__ the Com of Glous dyed thereof seased After _o__ste deceasse the premisses destended and came and of right ought to destende [torn] ___ this defendant as son and heire was the said Robert Whytney ___ sonne whereof this defendant __ the said Tenant or capytall mesuage landes meadowes leasues and pastures __ied and was and is therof lawfully seased in his demayne as of fee and the Issues and profites therof commyng and growing he taketh and app_________ to his _______ and beef_fe? and the evydence charters and other writting keeping and confereyng the said Tenant or capytall mesuage and other the premesses he detayneth and kepeth for _______ of his estate __ and to the premisses as lawfull is for him to do without that that Robert Whytney father of the said complaynant was lawfully seased in his demayne as of fee of and in the said capytall mesuage with thappertynences or of or in the landes meadowes pastures and fredynge was the said Tenant or capytall mesuage belonging or apptayn_ng or of on in any person or persons therof and without that that the said Robert Whytney father to the said complaynant so being therof seased thissues and profite therof assnyng comyng or growing by the spane of fortye yeres or at any tyme or for any spane collected gathered or take as in the said complaynt by the said complaynant is most untrerly surmysed. And without that that this defendant dispossessed the said complainant of the said capytall mesuage and other the premisses or of any parte or parcell thereof and without that that any other thing in the said bill of complaynt contayned is this answere not denyed confessed tra____ed or advoyded is trewe all which matters this defendant is redy to _owerr and prove as this honorable courte shall adward and praise to be dysmissed with his coste herein ___tayned

Folio 5 - Replication of Nicholas Whitney of Castleton

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 - Rejoinder of Sir Robert Whitney, Knight

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 characters 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

And the said def / _______ of reioyndre reioyneth 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 defendants 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 with his reasonable costes the prelet as it semeth by the manner 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 defendant ___yent Inherytance whiche the prelet well knoweth to h___ _ / _____ in this defendants 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 defendants 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 with alegacion is also _____ from the said bill the prelet therein alegynge that his of the premysses father [torn] Quyetly receve the issues and prefyttes ^ wythout any trouble molestacion or denyall of any persone or persones without that the said prelet and _____tyd this def to delyver hym the said evidences or to permytt and suffer hym Quyetlye to take the profytte [torn]_cording to his right so as in the said bill and replycacion is moste untrulye alegyd for the said def sayeth that nether [torn]hym self or any other within the Countrey where the said landes do lye on hande of this matter before nowe and further the said defendant 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 defendant is redye to aner and prove as this honorable courte shall award and sayth as in his said answer he hathe __ sayd b___

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