Archive:REQ 2/284/30
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Sometime probably in mid 1589, Thomas Whitney of Castleton, Herefordshire brought suit against William Watkin Lewis and Evan Lloyd. It seems that about two or three years prior, Thomas had killed Howell Watkins, who was the husband of his brother Nicholas's daughter Margery. Thomas states that it was an unintended consequence that occurred when he and Howell were in an "affray", but William Watkin Lewis, brother of the deceased, claimed that Thomas had intentionally murdered Howell. A trial was held in the Marches of Wales in which a grand jury found Thomas innocent of murder, but it seems guilty of manslaughter.
This case concerns lands in Craswall that Thomas had used to guarantee payment to the family of the deceased. It seems that there was a disagreement on whether the money had been paid, and that William Watkins Lewis and Evan Lloyd had then attempted to take the property. Thomas then brought suit to recover the land. These lands in Craswell are probably the same as those conveyed to Thomas in the 1555 will of his father, Robert Whitney of Castleton.
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
01 In his moste humble manner besecheth your maiestie your true and faiethefull subiecte Thomas Whitney of Castleton in the Countie of hereford / That wheras upon a soden __ affraye happened betwixte your said subiect and one Hoell Watkyns deceased __________ 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39
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 noe 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 whearas 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 nought elles save 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)
01 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
02 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
03 this honorable Cowert is holden / to great and excessyve Chardge and other troubles and therby Utterlie to ympoveryshe them Whyche they most humblye praie
04 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
05 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
06 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
07 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
08 (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
09 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
10 of Wales betweene this defentante and the said Complaynant and thereparcell of the said matters nowe yet paid(?) thye depend there to be hard this paste Trynitye terme
11 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
12 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
13 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
14 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
15 thereof dispossessed [.... torn ....] the said counsell And the said Complaynant having broken his covenantes in that behalf to this defendant made hath
16 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
17 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
18 of Wales and th[... torn ...]esseth in his said Bill that he cannot have any staye of the said suyte att the Commenlawe by Jurisdicion(?) or other Wyse before
19 the said President[... torn ...]th mainfestiye showeth that he hath no good cause to have any such staye for þse he hade any good cause to staye
20 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
21 praye to be dysmyssed with _[... torn ...]able Coste for their J___st vexacion in this behalf.
Folio 3
01 The said defendanntes savinge to them all advantages of excepcione to the ____tentie and insufficiecy of the said bill of complaynte for playne declaracione of the _____ and to lett this moste honorable 02 Corte understande howe wrongfully the said defendants are in this behalf impleadede by the complaynannte, they the said defendantes sayen and eache of them sayethe that the said Complaynante beange __ the said 03 Howell Watkins namede in the said bill mortall malice, Dyd of his pretendede and forfettyde malice att Gytcombe in the said Countie of hereford in or aboute the xxviijth year of the Raigne of our Soveraigne 04 ladye the Queens majestie that now __ not havinge the feare of god before hys eyes, but beinge provokede by the instigatione of the Dyvell most voluntaryly and willfully kill and murder the said howell watkins 05 in moste shamefull and detestable order, After whiche murder so had and perpetradyd the said complaynant knowinge in hys owne conscince that he was giltye thereof fledd the countrye And sayeth that one 06 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 and therefore would not in any ____ _____ the appeale 07 agenste the said Complaynante, nor _______ in any sorte for the said murtheringe of her said husbande againste her said unite but within a shorte tyme after the death of her said husbande submytte her ______ 08 09 10 11 12 13 14 15 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 ... Richard Whitney brother to the said complaynant ... 50 51 52 53 54 55 56 57 58 59 60 61 62
Folio 2
xiiijth die Octobr Ao Rna Elizabeth xxxj
01 The said complaynant maynteyneth his bill and the matter therof to be good and true certen and sufficient
02 in the lawe to be answered unto, and saieth that the answer of the said deffendant are untrue, uncerten
03 and insufficient in the lawe to be replied unto, and the same will answer and prove as this
04 honorable cowrte shall adwarde. without that that this complaynante dyd beare any mortall
05 malice to howell watkin in the bill & answers named or did of his pretended or forsetled
06 malice willfullie kill or murder the said howell in any shamefull or detestable order or
07 that this complaynante knewe in his consciens that he was guyltie of the said supposed
08 murder, or en. fledde the countrey, or that margerie wief of the said howell watkins had
09 cause to presennte the appeale for the said supposed murder against this complaynante, or did
10 submytt herself to the rule governement or dyrecion of the complanante, or that the supposed
11 detestable murther was unex~ayed, or that this complaynante is a gentleman of such frindes
12 or kynred as in the answer is surmised, or that by the meanes in thanswer specified the said
13 murder was like to be cloked up in the manner & forme as in the said answer in surmised. And
14 without that that the defendant william watkin lewis or his said brother in the answer named, refused at
15 the supposed agrement therin specified to take of the complaynante any other assurance for payment
16 of the said Cxll therin specifyd, but money or plate, or that the ffrindes of the complaynant did
17 labor to the deffendant Jevann lloyd to disburse the said some unto the deffendant william watkin and to
18 brethren lewis & John in the answer named or to any of them, or did promise or undertake
19 to the deffendant Jevann lloyd that the said complaynante [crossed out] shoulde enter into any bonde
20 in the some of foure hundred poundes or in any other some for _____ man~ne of the said bargane
21 or warrentie of the said landes & tenementes to the defendante Jevann lloyd and to his heires & assigned
22 foren. or that the defendante Jevann lloyd did pay unto the said def william or to his said brethren
23 or to any of them the some of Cxll or any pec_ or parte therof or payd to David Thomas
24 William in the answer named the some of xll> therin specifyd or any parte therof, or redeemeed
25 the promisses ___ of his handes before the assurance made to the defendante Jevann lloyd, or did cancell
26 such assurances or conveyances as were made upon the said landes unto the said David Thomas
27 William, or that the def jevann lloyd bound himself with eny suerties unto the said David Thomas
28 William for warrantie of the said landes unto the said David Thomas wm & to his heires in
29 morgaige in manner & forme as in the said answers are untrulyie declared. And without that
30 that the estate right title or interest of this complaynante at the makinge of the said
31 assurance was not good nor sufficient or was ffeeble int he lawe, or that this complaynante
32 did so confesse in eny sinte before the Connsaill in Wales, or that upon eny such confession
33 there passed eny such order before the said Connsaill as in the answer is surmised, or that there
34 was eny ffrawde or collusion betwine this complaynante & Edward Havard in the answer
35 named to defeate the def Jevann of the premisses, or that the said Jevann lloyd or his under tenantes
36 lost the possession of the premisses by eny lawfull meanes, or that the same was lawfullye
37 ordered to the said Havard, or that the said Jevann lloyd hath lost the said landes, or
38 disbursed the said ______ or eny parte therof or is in danger of eny bond to the said
39 David Thomas Williamm, or is in____ _____ to his said bonde either upon brech of the said
40 covenante, or upon forfecture of the said bond or otherwise in manner & forme as in the
41 said answer is Surmised, and without that that eny thinge ells not_______ & is true
42 All with matters __ ___ _____ demandeth judgement & ____ as in his Byll C____
43 he hath prayed
Folio 1
xxiiijto die Novembr Ao Rna Elizabeth xxxijdo
01 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 02 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 03 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 04 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 05 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 06 _rbo end 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 07 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 _______ 08 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 09 have drawen hit unto Albeit the saide defendante william watkins did by _all syny stend___ Indirecte meanes Labor and procure to have the offens to be untruly presented 10 and _oward to be murther of sett purpose to entrappe this complaynante and to wreste him thearby to submytt him self to composycion which was the only scope 11 and marke that the defendante ever sought for or required to have, and without that also the playntyffe was a gentleman of so greate frendes and kynred in the 12 saide countye as that by resen therof the said defendantes coulde hardly have due coursse of laweexected againste this complaynante in maner & forme as _____ 13 saide answers in sirmysed or that by the meanes of Sir James Whytney then being highe Sheeriffe of the said countie of the saide supposed murther was lykely to 14 becloaked upp and to escape unpunisshed in maner also as in the saide answers is alleged; And without that also the frendes of the playntyffe in his absens did make 15 any meanes to the said defendantes of their frendes to have the said supposed offens compromytted to frendes in manner also as in the saide answer is untruly suggested 16 And without that yt was agreed betwene the frendes of this complaynante and the said defendante William Watkins that the said Complaynante should paie unto the saide defendante 17 William Watkins and to Lewis Watkins & John Watkins brothers to the said Howell Watkins in respecte of the losse of their said Brother & of the saide defendante William Watkins charge 18 in the prosse quitinge of the said supposed murther againste this Complaynante the some of one hundred & forty poundes in manner as in the said answer is also alleged And without that 19 the said defendantes did refuse to take any securytie fore the paymente of the saide some but only plate or money or that by reson therof this complaynante or his 20 frende did labore the said defendante Evan lloyd to disburse the said some unto th other defendantes fore the said complaynante or did permyte or undertake to the 21 defendante Evan lloyd that the playntiffe should by suffycient conveyans & assurans in the lawe convey & Ass___ the saide landes and tenementes tot he saide Evan lloyd 22 his heires & assignes fren~, or should also enter into good and suffycient bond in the some of fowr hundred poundes fore performans of the said bargayn in manner also as in the saide 23 answers is moste untruly alleged And without that the said defendant Evan lloyd did paie accordingly unto the said william th other defendant & this said two bretheren the some of 24 Cxll or any parte therof in manner & forme as is also very untruly alleged. And without that the said Complaynante in performans of the promyse made by his frendes to the saide defendant or fore the 25 causes in the saide answers or in eyther of them alleged did convey and assure all the saide landes & tenementes to the said Evan lloyd in manner also as in the said answers is very falsly alleged 26 And without that the said defendant Evan lloyd being in neede of a peece of money to discharge & paid the dette of this complaynante or to paie one David Thomas William the some of forty poundes 27 did assure and convey the greateste part of the said landes in mortgage fore the said some of Xl? of that the said defendant Evan lloyd did paie fore the redemcion of the said landes the said __ty 28 poundes fore the said complaynant in mannew as in the said answers in very untruly alleged And without that after the estate soe made by this complaynant to the said defendant 29 Evan lloyd he did uppon goodnes of the same his assurans convey & assure parcell of the said landes unto the said David Thomas William and his heires forever in mortgage 30 for fortie poundes of bonnd him self & sufficient sureties in a bond of fower score poundes for the waranties of the same landes but the said David Thomas William in manner also 31 as as in the said answers is very falsly syrmysed And without that this complaynante did confesse before the counsell of the Marches that his tytle was not 32 33 34 35 this compllaynantes layment is redy to avow & parove as this court shall award, And prayeth as be_ed in his Bill he hath prayed.
