Archive:STAC 5/V1/26

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Overview

Related Documents

STAC 5/V3/8 contains the depositions of Sir James Whitney, Eustace Whitney, Thomas Whitney, Robert Evans, and Roger Rosse, defendants in the bill of complaint by Roger Vaughan.

Locations

  • Whitney - Home of Sir James Whitney
  • Winforton - Site of an alehouse owned by John Thomas

People

Whitney Alliance

  • Sir James Whitney of Whitney, Knight
  • Eustace Whitney
  • Thomas Whitney
  • Robert Evans
  • Roger Rosse
  • William Jenkyn
  • David ap Raddaugh
  • John Hill
  • Thomas Walter
  • John Hare
  • Edward Horsman
  • Robert Charles
  • Jenkyn Aprise
  • Will[ia]m Smithe
  • John Cooke
  • Thomas Lloidd

Vaughan Alliance

  • Roger Vaughan, Esquire

Others

  • Watkyn John, Constable of Wynforton

Transcription

These documents have been placed in the order in which they would have been filed, not in their current order.

Bill of Complaint of Roger Vaughan (Folio 3)

To the Queens moste excellent M[ajesty]

In moste humble wise complayninge showeth unto yo[u]r moste excellent ma[jes]ties yo[u]r true and faithful Subiecte and Supply[c]ant Robert Vaughan of Wynforton in yo[u]r highnes Countie of Hereford That wheras one Will[ia]m Griffith late servant of yo[u]r supplicant was the xxith daie of Marche laste paste at Wynforton aforesaid in yo[u]r highnes said countie of Hereford in the peace of god and of yo[u]r highnes one Ewstance al[ia]s Ewstace Whitney of Whitney in yo[u]r highnes saide countye Thomas Whitney of the said town said countie Robert Evans of the said towne and countie and Roger Rose of the same towne and countie yeoman being w[i]th dyvers others to the number of xxx riotous p[er]sons whose names as yet are to yo[u]r suppl[icant] unknowen the said xxith daie of Marche at Wynforton afore saide in warlike maner asembled w[i]th weapons invasive and defensive th[folded] to said swordes and bucklers Longe pyked staves forest billes and bowes and arrowes _____ ix or x of the clock in the afternoon of the said [daie?] did moste forcibly and riotouslye make assaulte uppon the said Will[ia]m Griffythe and _____ the said Will[ia]m did then and there beat wounde and evill entreat so th[a]t the said Will[ia]m was in great despaier of his liffe of the w[hi]ch when yo[u]r suppl[icant] understood yo[u]r suppli[cant] repaired straight to the place where the said Ryott and affraie was com[m]ytted and the said riotous p[er]sons p[er]ceyvinge yo[u]r supplicantes coming in moste furyous and riotous maner beinge arraied as the aforesaid did at Winforton aforesaid the said xxith daie of Marche make assaulte uppon yo[u]r supplient and then and there did wounde and evill entreat yo[u]r suppl[icant] after these sev[er]all ryottes & affraies comitted and done for y[e]t the said Will[ia]m Griffith [was] verie soer hurte by the said Roger Rose one of the saide riotous p[er]sons and was in p[er]ill of death he the saide Roger was Layed [and?] commytt____ Watkin John then constable of the same towne of winforton to be safely keapt untill yt might be sene (seen) whether the said [Will[ia]m?] Griffith [would?] die or live after th[a]t the said Roger Rose was thus in the custodie of the said constable the said Ewstace Whitney ______________________ Evans and other riotous p[er]sons as yet to yo[u]r supplicant unknown went straight to the howse of S[i]r James Whitney k_____ _______________________ __ comanndent of the said S[i]r James the said Ewstance als Eustace Whitney[,] Thomas Whitney[,] Robert Evans __thers ____________________ David app Raddaugh[,] John Hill[,] Thomas Walter[,] John Hare[,] Edward Horseman[,] Robert Charles[,] Jenkyn Aprise al[ia]s Smythe[,] John Cooke[,] and Thomas Lludde accompayned w[i]th dyvers other riotous p[er]sons to the number of xxx whose names yet are to yo[u]r suppl[icant] unknowen assembled them selfes together and beinge in moste warlike and riotous maner arrayed that __ to said w[i]th swordes and burklers longe pyked staves forest billes boes and arrows and suche other warlike weapons bothe invasive and defensive by the p[ro]cuerm[en]t and comanndem[en]t of the said S[i]r James came the same xxi Daie of Marche about the hour of twelve of the clock in the night to the howse of the said Watkyn John then constable of the said town of winforton and after theire cominge to the same howse the said riotous p[er]sons then and there in moste furious and riotous maner [requested?] the said constable to Delyver to them the said Roger Rose then beinge in the custodie of the said constable for the cause above alleaged w[hi]ch when the said constable refused to do affirminge that the said Rose was in his Custodie by order of lawe and th[a]t he myght not delyver him untill he had brought him before some Justice of the peace prayinge the said Ewstace and Thom[a]s Whitney and the other p[er]sons last above specified to dep[ar]te quietly __ the peace of god and of yo[u]r majestie but the said Ewstace Whitney[,] Thomas Whitney[,] Robert Evans[,] Will[ia]m Penkyn[,] David app Raddaugh[,] John Hill[,] Thomas Walter[,] John Lawe[,] Edwarde Horsman[,] Robert Charles[,] Jenkyn Aprise al[ia]s Smithe[,] John Cooke and Thomas lloyde [tooke?] w[i]th theire _____ riotous companye as yet to yo[u]r suppl[icant] unknowen settinge all feare of god and of yo[u]r ma[jes]ties lawes dep[ar]ted the same xxith daie of Marche laste paste about xij of the clock in the night of the same daie beinge arrayed as the aforesaid in moste cruell and riotous maner did assaulte the howse of the said Watkyn John then constable of Wynforton aforesaid and did beat and breake downe in moste riotous maner the walles and dores of the same howse and after they ___ so ____ they did then and there riotously and forcyblye enter into the same howse and did not onlye riotouslye assaulte beat and evill entreat the said constable but also riotously and forciblye w[i]th the helpe of the said Roger Rose did take the said Roger Rose out of the possession and custodie the said constable and him the said Roger did carye and convey m____ at theire __________ againste the will of the said constable In consideracion wherof and for _ these outragious riottes forses and other misdemeanors are Directly not onlye againste the Lawes of god but also against the lawes and Statutes of this yo[u]r highnes realme and tende to the overthrowe of all Lawe and Justice and wi___ a great _________ ______ ____ malefacte & to com[m]itt the like outrages as yf _______ ______ ____ be not specelye [gra?]nted by yo[u]r highnes in this behalfe It maie please yo[u]r highnes to grant yo[u]r moste gracious writte of Subpena & the said S[i]r James Whitney[,] Eustace al[ia]s Ewstance Whitney[,] Thomas Whitney[,] Robert Evans[,] Will[ia]m Penkin[,] David ap Raddaugh[,] John Hill[,] Thom[a]s Walter[,] John ____[,] Edward Horsman[,] Robert Charles[,] Jenkin Aprise al[ia]s Smithe[,] John Cooke and Tho[mas] lloide and suche other of the said ______ companye as yo[u]r suppl[icant] ___ to be ____ted p[er]sonally to appere before yo[u]r highnes in yo[u]r ___ court of Starr Chamber then and there to answere to the _______ and further to abide _____ _____ therein _____ yo[u]r highnes [c?]ounsell of yo[u]r said Court shall _____ ____ and convenyent and yo[u]r pore suppl[icant] ____ Daylye praie for the p[re]ser[va]c[i]on of yo[u]r highnes longe to [ra]gne over us

Answer of Sir James Whitney (Folio 5)

___ __ ffebr 1577
Marse

The answere of S[i]r James Whitney knight one of the defend[an]tes
to the Bill of compleinte of Robert Vaughan compl[ainan]t

The advantage of excepc[i]on to the incertentie and insufficiencie of the said bill of compleint & the matters ther in comprised to this defendant at all tymes here after saved the said defend[ant] therfor answere to as moche of the said bill of complaint as do _owche & concerne him selfe & examynable in this most honorable court find[e]th that as unto any the said supposed riottes rowt[es] or unlawfull assemblies surmised to be remetted? & done by the procurement & commandement of this defend[an]t that he is not therof guiltie in such sorte maner & forme as in the said bill of compleint most untrewly is alleged And for further answere & declarac[i]on of the truthe concernynge the matters in the said bill of compleint against this defend[an]t obiected the said defend[an]t to the end to informe this most honorable court of the same find[e]th that about the tyme in the said bill of compleint mencioned he this defendant not knowynge or beinge privye to any of the said riotous maner of dealynge or ther the misdemeanors in the said bill alledged untill relac[i]on therof was unto him made by the said Ewstace Whitney and Thomas Whitney two other of the defend[an]tes so this defendant then beinge in his bedd takynge his quiet rest abowt the depe tyme of the night & then beinge awaked owt of his slepe it was signified unto him by the said Ewstace Whitney & Thomas Whitney that the said Roger Rosse & Robert Evans in the evenynge of the said day went to Wynforton to make merry w[i]th some of ther friendes and that they the said Ewstace Whitney & Thomas Whitney went thither unto them in the evenynge of the same day after they had supped in the howse of this defend[an]t at Whitney to the end to cause them to come home by cause the said Roger Rose was early in the mornynge of the next day then followinge to be emploied abowt the affaires & busynes of his m[aste]r w[i]th an answere from this defendant & that they stayenge at the said towne of Wynforton untill it was some thinge w[i]thin the night came homewarde againe in the darke night & that they were in the said towne laid in a wayte for and assaulted by Robert Vaughan & his companions & that w[i]thowt cause to ther knowledge And then further affirmed unto this defendant that the said Thomas Whitney was in the said assault hurt and that the said Roger Rose was then & ther likewise sore hurt striken downe & wounded in such sirte that they supposed him to be slayne. Wherupon this defend[an]t willed the said Ewstace Whitney to take w[i]th him fower or five of this defend[an]tes servantes & in very quiet & peaceable maner to go to the place wher the said Roger Rose was w[i]th streight comandement that they shold in no case make any sterre but is morche as in them was to p[re]serve her ma[jes]ties peace and that if the said Roger Rose were slayne that then they shold in her ma[jes]ties name charge the constable of the said towne of Wynforton to kepe & have some care of the body of the said Roger Rose to the end the coroners might take viewe and inquire & serch & that they shold assist the said constable in app[re]hending of as many of them as were p[ar]ties to the said murder as they conveniently could & them so app[re]hended to kepe in safe custody untill they had answered the same before some of her ma[jes]ties iustice of the peace and further willed the said Ewstace Whitney that if the said Roger Rose were still a lyve & but hurte that then they shold in gentle maner require of the said constable to delyver the said Roger Rose unto them to the end such woundes & hurtes as he had received in the said assault might be dropped and presently loked unto and that he this defendant upon such delyvery of the said Roger Rose wold undertake for the forth comynge of the said Roger Rose at any tyme when he shold be called w[i]th maner of dealynge by this defendant was all the procurement and comanndement that this defend[an]t did wherin this defend[an]t trusteth that he hath not otherwise demeaned or behaved him selfe then so might lawfully do w[i]thowt that that the said Ewstace Whitney[,] Thomas Whitney[,] Robert Evans together w[i]th William Jenkyn[,] David ap Raddaugh[,] John Hill[,] Thomas Walter[,] John Hare[,] Edward Horsman[,] Robert Charles[,] Jenkyn Aprise[,] Will[ia]m Smithe[,] John Cooke & Thomas lloidd accompanied w[i]th divers other p[er]sons to the number of xxx [30] did by the procurement & comanndement of this defendant assemble them selves togither in warlike & riotous maner arraied w[i]th sworde bucklers long & piked staves forrest billes bowes and arrows and such other weapons both invasyve and defensyve or by the procurement and comandement of this defendant came the xxith day of marche about the hower of twelve of the clocke in the night to the howse of the said Watkyn John then constable of the said towne of Wynforton Or that after ther comynge to the said howse the said riotous p[er]sons then & ther by the procurement or comanndement of this defendant in most furius & riotuous maner required the said constable to delyver to them the said Roger Rose then beinge in the custody of the said constable as in the said bill of compleint most sclanderously is alleged And w[i]thowt that that any other matter or thinge materiall or effectnall? in lawe to be answered unto w[hi]ch towcheth or concerneth this defend[an]t & examynable in this most honorable court and not here in sufficiently iraversed? denied confessed or avoided to the now rememberance of this defendant is trewe All w[hi]ch matters the said defend[an]t is ready to averre and prove as this most honorable court shall award? and prayeth to be dismissed owt of the same w[i]th his reasonable coste charge & exspence in the lawe in this behalfe by him most wrongefully susteyned __r

Answers of Eustace Whitney, Thomas Whitney, Roger Roste and Robert Evans (Folio 1)

Not yet transcribed.

Replication of Roger Vaughan (Folio 2)

Transcription in progress

1577

The Replicac[i]on of Robert Vaughan Compl[ainant] to the sev[er]all answers of S[i]r James Whitney knight Eustace Whitney Thomas Whitney Roger Rose and Robert Evans Def[endan]ts

The saide compl[ainante] saieth that the answeres of the said def[endante]s are moste untrue uncerten and insuffycient in the lawe to be Replied unto the uncer[tantie] and insufficiency wherof to this Compl[ainant] at [several?] tymes hereafter saved for Replicac[i]on he saieth that his said bill of Complaynt and the matters therein conteyned are moste certen and sufficient in the lawe to be answered unto and further dothe and will averr and mayneteine the same and _____ article and sentence therein conteyned to be ____ and true in men[n]er and forme as in the said bill ys already specified and declared w[i]thout th[a]t the said Roger Rose one of the said Def[endan]tes was sent by the said James Whitney his master from the councell in the marches of Wales unto the saide S[i]r James Whytney one other of the said def[endan]tes about waightie affayres and busynes of his said m[aste]r and for no other cause or purposes as the saide Def[endan]tes moste untruly have alleged for this Compl[ainant] saieth th[a]t yf the said Rose had dispatched suche waightie affayers of his said master as in the answere the surmised _____ sent about and also to make spedy retorne unto his master he would not have gone from the said towne of Whytney to the saide towne of Wynforton to the alehowse of purpose as he alleageth to have drunke and recreat him selfe w[i]th the saide Robert Evans one of the saide Def[endan]tes and w[i]thout th[a]t the said Ewstace Whytney another of the said def[endan]tes came to the said towne of Wynforton in the eveninge of the same Daie into the alehowse where the said Rose was and rebuked him for yf he taryed there so longe and toke so little care of his said master his busynes for this Compl[ainante] _____ that the said Whytney after his cominge thither taried drynkinge and keaping companye w[i]th the saide Rose and Evans untill suche tyme as moste people were gone to beadd as in the said answere __ also confessed ___ w[hi]ch he would not _____ ____ of the said Ryott had not ben before concluded upp by the said def[endan]tes and w[i]thout th[a]t the said def[endante] dep[ar]tinge from the said alehowse in peaceable and quyett man[n]er towarde[s] Whytney w[i]th the said Ewstace Whytney and Thom[a]s Whytney in the said towne of Wynforton were suddenly assalted by the said comp[lainan]te for this comp[lainan]te saieth that he will aver and prove to this honorable Courte that he endevored him selfe by all wayes and meanes he coulde to save her ma[jes]ties peace p[re]served and required the constable of the said towne of Wynforton to see the peace (kept?) __apt and w[i]thout th[a]t the said Ewstace Whitney and Thom[a]s Whytney too other of the said def[endan]tes understandinge th[a]t the said Rose and Evans were gone to the said towne of Wynforton to recreat them selves went only to the said towne of Wynforton _____ the said Rose awaye and to hasten him forward in his _____ And w[i]thout th[a]t the said Will[ia]m Gryffythe named in the said answere did suddenly clapp his hand[es] uppon his dagger and went to him offered some force unto the said def[endan]t for th[a]t the said Gryffythe requested the said Rose to lett him be in rest and in moste gentle maner requested the said riotous p[er]sons to content them selves whereunto in moste furyous maner some of them said ys this Will[ia]m Gryffythe the ____ stryke him downe he shall go no further and w[i]thout th[a]t the said compl[ainante] or any other to his knowledg or by his procuerm[en]t cryed w[i]th a lowd voice Downe w[i]th them Downe w[i]th them meaninge the said def[endan]t, for if and suche crye was then made yt was by the said def[endan]te or by the constable who beinge moste violently suppressed fearing or great mischeif and murder to be com[m]ytted by the said Def[endan]te and their compl____ cryed for ____ to p[re]serve her ma[jes]ties peace or __ the said coml[ainante] in moste shamefull wise cryed w[i]th a lowde voice sayinge kyll Ewstace Whitney kyll him meaninge to have murthered the said Ewstace w[hi]ch the said def[endan]tes moste slannderouslye and untruly gave alleged and w[i]thout th[a]t the said compl[ainante] or any other in his companye did desperately purpously and riotouslye assaulte beat and hurte the said Thom[a]s Whytney in maner and forme as in the said answere ys allenged a[nd] did moste lowdly and in fowle and shamefull maner hurte beat evill entreat and wounde the said Rose other then in his of theire _____ defence beinge so maliciously and p[re]tensedly assalted by the said def[endants] and w[i]thout th[a]t the said S[i]r James Whytney one other of the said def[endante]s after informac[i]on geven unto him by the said Ewstace againste the said compl[ainangte] willed the said Ewstace to take w[i]th him fower or fyve of his servante[s] and to go quyetly and in peceable maner w[ith] speciall charge to keape and ________ her ma[jes]ties peace and in no wise to make any sturrce? but th[a]t yf the said Roger Rose were slayne that they should then gyve in charge to the c[o]nstable to see the bodie of the said Rose keapt and p[re]served untill suche tyme as the coronor & had taken vewe therof and also th[a]t the said constable w[i]th the assaultance of the said def[endante]s and others should apprehend as many as they coulde of suche p[er]sons as were p[ar]ties to the said murder and then ... willed the said... the said Rose... answere the same as the said... apprehended as in the said bill is moste truly... the moste... ____... end he mighte... delyv[er]ed that... theire staves and the same... ____ the said constable from the said... to suffer the said Rose to ... _____... to the said howse or... that he... unto the said Compl[ainante]... by the said... forced to defend him selfe w[i]th... Will[ia]m Griffythe and Ewstace Vaughan... by them or any of them and yf... and ___tragious Dealinges of the said Def[endan]te... ______... true all w[hi]ch matters this compl[ainante] is ready to...

Rejoinder of Sir James Whitney (Folio 4)

Not yet transcribed.

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