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Oxford vs. Richard Payne, John Lennard, Edward Barthdell, Anthonye Barthdell, et al. (1587)

PRO STAC5/O3/35/4 (answer of most of all the defendants except Richard Whalley)

Iurat' xxixno die Novembris A{nn}o xxxto Elizabethe [29 November 1587]

The ioynte and seu{er}all Aunswe{r}s of Ihon Leonard Esquier Richard Payne Esquier Edward Barthelett and Anthony Barthelett and Will{ia}m Stamford gent' Defend{an}t{es} to the Bill of Compl{ain}t of the Right Honorable Edward de Vere Erle of Oxenford Compl{ainan}t The sayd defend{an}t{es} for answe{r} sayen and eu{er}y of them saythe that the sayd Bill of complaint against them into this honorable Courte exhibited is to their vnd{er}standinge vnc{er}taine vntrewe and insufficyent in the lawe to be answered vnto and the matt{e}rs therin Conteined are meere vntrew and of sett p{ur}pose devysed (as these defend{an}t{es} thinke) onely to vex trowble and moleste the sayd defend{an}t{es} w{i}thout any good iuste or reasonable cawse or grownde of Sute to the sayd Complaint by the sayd defend{an}t{es} or any of them at any time ministred Nev{er}thelesse all advantag{es} of excepc{i}on to thinc{er}tainty and insufficyency of the sayd Bill of complaint to the sayd defend{an}t{es} and eu{er}y of them nowe and at all tymes hereaft{er} to these defend{an}t{es} saved They the sayd defend{an}t{es} for manifestinge and trewe declarac{i}on of the trewthe towchinge the content{es} of the sayd bill of compl{ain}t sayen and eu{er}y of them saythe That as to the cuttinge and paringe of the sayd Record of Exgent conteined in the sayd bill And towchinge all and eu{er}y the misdemeano{u}rs ioyntly or seu{er}ally in the sayd Bill exp{re}ssed against them They the sayd defend{an}t{es} and eu{er}y of them are therof in suche mann{er} and forme as in the sayd Bill ys sett forthe not guiltye And further the sayd Ihon Leonard one of the sayd defend{an}t{es} to as muche of the sayd Bill ^\\as// conc{er}nethe him selfe saythe that oftentymes the Sherriff{es} ^\\or some other that have dealing w{i}th the writt{es}// deliu{er}ed all exigent{es} wherin the defend{an}t{es} are out lawed to the plaintyf in the Sute and he keepeth them in his hand{es} so longe time as he listethe And yf the defend{an}t{es} will agree w{i}th him he deliu{er}eth yt to him or his Attorney or sume other for him or councelleth or keepeth out the sayd writte, And yf he agree not w{i}th him he deliu{er}eth yt vnto the Queenes Attorneyes office to hime fro{m} thence a Capias vtlag' for to him belongeth to make that p{ro}c{es} And so yt happened (as he verily thinketh) that the foresayd writte was deliu{er}ed to and remayned in that office a longe time about twenty yeares agoe And might receiue detrim{en}t there yf any their be doen to yt before yt come to Custos br{e}uiu{m} his office And further sayth that in Este{r} terme laste past (as he remembreth) the sayd Richard Payne and Anthony Barthelett came to the chamber of the sayd defend{an}t in Lyncolnes Inne and sayde that they had s{er}ched for and fownde in his office a writt and desired him to goe theth{er} w{i}th them and see the sayd writt And at his com{m}inge thether the foresayd Whalley showed him the sayd writt on a bundell w{i}th many other writt{es} And he lookinge vpo{n} the Retorne on the backe therof one of them asked him What day as he tooke yt the fifthe county courte was holden as there yt was indorsed And he for so muche as there app{er}ed vnto him but xx ["i" erased] sayd the twentyth daye And further he sayth that to his knowledge he neu{er} sawe no{r} heard tell of that writt or Retorne before that tyme And also to his remembraunce he saythe that he beinge then required by the sayd Richard Payne and Anthony Barthelett or one of them to cawse the sayd Bundell to be browght to the courte of com{m}on pleas did so as his office and dewtye is to bringe any bundell thether at any subiect{es} Request for the fee of ijs iiijd And aft{er}ward{es} the Iustic{es} of the king{es} benche (as this defend{an}t was enformed) did sende vnto this defend{an}t to bringe into the sayd courte the sayd writt of Exigent menc{i}o{n}ed in the sayd Bill for them to see whervnto this defend{an}t entred into questio{n} w{i}th him selfe whether he should so doe or noe In the end beinge advysed by the Iustic{es} of the com{m}on pleas so to doe he sent yt thether in the Bundell as yt was by ^\\the foresayd// Will{ia}m Stamford his deputy in his office and one other of his Clark{es} Aft{er} w{hi}ch time at the Request of the Right honorable the L{ord} Burghley highe Treasuore{r} of England this sayd def{endant} also sent to the sayd L{ord} Treasore{r} the sayd Bundell wherin the sayd writt was by the sayd Stamford and Whalley and did not at any time to his remembrau{n}ce sende the sayd writt to any other place or p{er}son And wheras in the sayd Bill yt is s{ur}mised that all the othe{r} Exigent{es} of the sayd Retorne of he sayd Exigent{es} menc{i}o{n}ed in the sayd Bill w{i}thin the County of Midd' remayninge in the office of this defend{an}t be and continue as they ought to be w{i}th the sayd day and he sayd number of xxj shorte This sayd def{endant} sayth that (as he vpo{n} serche came [=4 minims] hither to finde) all the sayd Exigent{es} of the sayd retorne is but one and the same ys not so writte{n} as the sayd complaint affirmeth (that is to say xxj shorte numberwyse) but it is written at length v{i}zt vicesimo primo Without that that the sayd Richard Payne did at any time practise w{i}th the sayd def{endant} to haue the sayd writt of Exigent out of the custodye of the sayd defend{an}t Or that the sayd writt of Exigent by the p{ro}curem{en}t of the sayd Richard Payne otherwyse then ys aforesayd was car{r}yed fro{m} hand to hand and fro{m} place to place as in the sayd Bill vnd{er} the favo{r} of this honorable Court is very hardly suggested Or that the sayd writt of Exigent was at any time at S{er}ieant{es} Inne or at the Inn{er} Temple to the knowledge of this defend{an}t Otherwyse then in a Cheste in the Chappell at the temple churche where doe remayne thowsand{es} of Record{es} and writt{es} And where they haue both sythene he was Custos br{e}uiu{m} and before time out of mynde (as this def{endant} hath hearde) been vsually kepte for a c{er}taine tyme and aft{er} a c{er}taine tyme spente as moe [sic for more] and newe{r} writt{es} and Record{es} haue growne Those old{er} Record{es} haue been removed from thence to St Stephens at Westm{inster} and the newe{r} Record{es} placed in the chappell aforesayd And w{i}thout that that the sayd Ihon Leonard and the sayd Richard Payne confed{er}atinge them selves w{i}th the sayd Will{ia}m Stamford Richard Whalley Edward Barthelett Anthony Barthelett and Thomas More and w{i}th diu{er}se others or w{i}th any of them or w{i}th any other The sayd Ihon Leonard by the p{ro}curem{en}t of the sayd Richard Payne deliu{er}ed vnto the sayd p{er}sons aboue named or any of them the sayd writt of Exigent or wittingly suffred the sayd p{er}sons or any of them or any oth{er} Or appointed the sayd p{er}sons or any of them or any other to take and convey out of the sayd Office of Custos Br{e}uiu{m} the sayd writt of Exigent eythe{r} sollye or together w{i}th the bundell and the same to ca{r}rye fro{m} place to place as ys aforesayd at the will and pleasure of the sayd Richard Payne in any othe{r} mann{er} then the sayd defend{an}t before hathe confessed and declared And w{i}thout that that the sayd Ihon Leonard by the p{er}swasio{n} or practise of any of the sayd def{endan}t{es} suffred the sayd writt of Exigent to be carryed and conveyed out of the office of the sayd Ihon Leonard otherwyse then before is declared) wherby the sayd writt of Exigent was so neare pared or in p{ar}te cutt awaye vpon the edge of the same that the sayd number was made but xx v{i}zt by cuttinge away the number or lette{r} j in such mann{er} and forme as in and by the sayd Bill of complaint is very hardly suggested And the sayd Richard Payne one other of the sayd defend{an}t{es} to as muche of the sayd Bill as conc{er}neth him selfe and to declare his in{n}ocency in such matt{er}s as therin are hardly sett forthe against him and oth{er}s not confessinge the p{re}tensed title of the sayd Complain{an}t in and to the sayd lease or terme of yeares alledged in the sayd bill for and conc{er}ninge the misdemeano{u}rs obiected against him in the sayd Bill for further aunswe{r} saythe That about Este{r} terme laste paste the sayd def{endant} came into the office of the sayd Ihon Leonard anothe{r} of the nowe def{endan}t{es} and requested to see the sayd writt of Exigent (for that yt was reported to this def{endan}t that one of the Clark{es} of the sayd Ihon Leonard had made out an Exemplificac{i}on of the sayd writt and Retorne therof cont{ra}ry to the recorde therof w{hi}ch beinge granted and the sayd writt p{er}vsed by the sayd def{endan}t havinge neu{er} seene the sayd writt before and the default of the sayd clarke espied the sayd def{endan}t in effect requested the sayd Ihon Leonard that for as much as that day there was a Iurye to passe in the king{es} benche in a cawse w{hi}ch very much conc{er}ned the sayd def{endan}t and that by Reaso{n} of the sayd false Exemplificac{i}on the sayd defend{an}t was like to be greatly p{re}iudiced That yt would therfore please the sayd Ihon Leonarde to suffer some of his Clark{es} to bringe the bundell of the sayd writt of Exigent wherin the sayd writt was vnto the Halle to be p{er}vsed by the Courte yf any neede should require Whervnto the sayd Ihon Leonard graunted (yt beinge a thinge vsuall (as this defend{an}t hathe been credibly enformed tyme out of mynde that Custos br{e}uiu{m} at the Request of any Subiect is to bringe into the courte for the fee of ijs iiijd any Bundell of writt{es} required to be browght And aft{er}ward the Iustic{es} of the king{es} benche sendinge to the sayd Ihon Leonard for the sayd writt the sayd Ihon Leonard w{i}th the privity of the Iustic{es} of the com{m}on pleas (as this def{endant} hathe been informed) did send the sayd writt vpo{n} the bundell by his deputy in his office and one other of his Clark{es} into the king{es} benche to be seene of the Iustic{es} of the sayd Courte Without that that the sayd defend{an}t at any time practised w{i}th the sayd Ihon Leonarde to haue the sayd writt of Exigent out of his custodye or otherwyse dealte therin then this defend{an}t before hathe confessed And w{i}thout that that by the p{er}swasion meanes and practise of the sayd defend{an}t the sayd Ihon Leonarde was content and suffred voluntaryly the sayd writte to be ca{r}ryed from hande to hande into diu{er}se plac{es} and howses In or neere the Cittye of London as to S{er}iant{es} Inne in Chaunc{er}ye lane the Inn{er} temple or elswhere cont{ra}ry to his dewtye in such mann{er} and forme as in the sayd Bill is against him verye hardly suggested And w{i}thout that that the sayd Ihon Leonard and the sayd def{endan}t did confed{er}ate them selves w{i}th the sayd Stamford Whalley Barthelett Barthelett and Moore the other nowe defend{an}t{es} and w{i}th diu{er}se other for or conc{er}ninge any such p{ur}pose [of] as in the sayd Bill is alledged And w{i}thoute that that the sayd Ihon Leonard by the p{ro}curement of the sayd defend{an}t deliu{er}ed vnto them or any of them or willingly suffred the sayd Stamford Whalley Barthelett Barthelett and Moore or one of them or any other such as they or any of them did appoint to take and convey Office of the Custos br{e}uiu{m} the sayd writt of Exigent sollye or amongst many oth{er}s togethe{r} of one bundell and the same to carye from place to place as aforesayd at the will and pleasure of the sayd defend{an}t vnto such p{er}son and p{er}sons as the sayd defend{an}t did appoint in suche mann{er} and forme as in and by the sayd bill of complaint is suggested And w{i}thout that that the sayd writt of Exigent by the p{er}swasion and practise of the sayd defend{an}t was ca{r}ryed and conveyed out of the office of the sayd Ihon Leonard Whervpo{n} the sayd writt of Exigent was so neare pared or in p{ar}te cutt away vpo{n} the edge of the same that the sayd number was made but xx v{i}zt by cuttinge away the lett{er} or number j in such mann{er} and forme as in the sayd Bill of Compl{ain}t is very hardly alledged And the sayd Edward Barthelett anothe{r} of the sayd defend{an}t{es} for furthe{r} answe{r} to as much of the sayd Bill ^\\as// conc{er}neth him selfe saythe That he neu{er} had medlinge w{i}th the sayd writt of Exgent in the sayd Bill of compl{ain}t menc{i}o{n}ed neither did see the same before such time as the sayd writt of Exigent was in the King{es} benche about East{er} terme laste paste showed forthe vnto the Iustic{es} there in a cawse conc{er}ninge the sayd Complainant and thaboue named Richard Payne one of the nowe defend{an}t{es} At w{hi}ch time yt did not onely appeare to this sayd defend{an}t but also (as this sayd defend{an}t taketh yt) to the whole Courte that the sayd writt of Exigent vpo{n} the Retorne therof for the fifthe county Courte holden was written [onely] w{i}th xx numberwyse that ys to say for the twentyth day of Nouemb{er} and not xxj numberwyse that is to saye the xxj daye of Nouemb{er} Without that the sayd Edward Barthelett did confed{er}ate him selfe w{i}th the sayd Ihon Leonard Richard Payne Anthony Barthelett Thomas Moore and w{i}th diu{er}se other Or that the sayd Edward Barthelett by him selfe or did appointe any other to convey the sayd writte sollye or w{i}th any other togethe{r} of one bundell out of the Office of the sayd Ihon Leonard and the same to ca{r}rye fro{m} place to place at the will and pleasure of the sayd Richard Payne by Reason wherof the sayd writt of Exigent was pared or cutt away vpo{n} the edge of the same as that the number of xxjty was made but xxty by cuttinge or paringe away the number or lett{er} j in such manner and forme as in and by the sayd Bill is suggested And the sayd Anthony Barthelett another of the sayd defend{an}t{es} for further aunswere to as muche of the sayd Bill of Compl{ain}t as conc{er}neth him selfe saythe That about Ester Terme laste paste the verye day in the morninge ^\\in// w{hi}ch the Iurye was to passe in Tryall of the Matt{er} for the sayd lease in the sayde Bill menc{i}o{n}ed between one (blank) Reade p{re}tensed farmo{ur} of the sayd nowe Complain{an}t and Richard Payne one of the nowe defend{an}t{es} as the sayd defend{an}t and the sayd Richard Payne were in goinge to S{er}ieant{es} Inne in Chaunc{er}ye lane vnto some of the Councell of the sayd Richard Payne to give instrucc{i}ons for the sayd Tryall that one Richard Mast{er}son gent' S{er}vant to the sayd Richard Payne meetinge w{i}th this sayd defend{an}t and his sayd M{aste}r sayd there vnto this def{endan}t and his sayd M{aste}r (to this defend{an}t{es} remembrance) that he had been in Mr Leonard{es} office to examine a Copye of the sayd Exigent in the sayd Bill menc{i}o{n}ed and therby (as he affirmed) he did vnd{er}stande that one of the sayd Mr Leonard{es} clark{es} had made out an Exemplificac{ion} therof disaggreable to the Record yt selfe or word{es} to the like effect And thervpo{n} he requested this def{endan}t from Mr Canfeild one of the Councell of the sayd Richard Payne that the sayd def{endant} would take the paynes to goe w{i}th him to Mr Leonard{es} office to see the sayd writt to th'intent that the sayd def{endant} might giue Testimony vpo{n} the sight therof accordinge to the trewthe whervnto the sayd defend{an}t willingly agreed and thervpo{n} p{re}sently in Company of the sayd Richard M{aster}sonne and othe{r}s repayred to the office of the sayd Mr Leonard and desired one of Mr Leonard{es} Clark{es} to showe him the sayd writt w{hi}ch the sayd Clarke accordingly did Whervpo{n} the sayd defend{an}t espyinge the default of the sayd Clarke reproved the sayd Clarke for makinge an exemplificac{i}on othe{r}wyse then the Record yt selfe did warrant And thervpo{n} in the Company of the sayd Richard Payne the sayd defend{an}t repayred to the Chamber of the sayd Mr Leonard in Lyncolnes Inne whoe desired him to goe into his office to see the sayd writt w{hi}ch was all the sight or medlinge w{hi}ch the sayd defend{an}t had w{i}th the sayd writt before the Tryall aboue rehe^\\a//rsed at what tyme the sayd writt was showed forthe before the Iustic{es} of the king{es} benche Without that that the sayd defend{an}t did confed{er}ate him selfe w{i}th the sayd Ihon Leonarde Richard Payne Edward Barthelett [sic] Thomas More and w{i}th diu{er}se other or that the sayd defend{an}t by him selfe or did appoint any othe{r} to convey the sayd writt sollye or w{i}th any other togethe{r} of one bundell out of the office of the sayd Ioh{n} Leonard and the same to ca{r}rye fro{m} place to place at the will and pleasure of the sayd Richard Payne by reason wherof the sayd writt of Exigent was pared or cutt away vpo{n} the edge of the same as that the numb{er} of xxj was made but xx by cuttinge or paringe away the number lett{er} j in such mann{er} and forme as in and by the sayd bill of compl{ain}t is very hardly suggested And the sayd Will{ia}m Stanford one othe{r} of the sayd def{endan}t{es} to as much of the sayd Bill of compl{ain}t as conc{er}neth him selfe for further answe{r} saythe That he this Payne by the space of fowe{r} or five yeares paste was and yet is deputy to the sayd Mr Leonard in his office of Custos br{e}uiu{m} and y{a}t in Ester terme laste paste the writt of Exigent menc{i}o{n}ed in the sayd Bill of Compl{ain}t was showed vnto this def{endan}t by the sayd Richard Whalley one othe{r} of the nowe def{endan}t{es} then and yet beinge a Clarke of the sayd Office to be examined w{hi}ch time was the very first time that eu{er} the sayd writt came to this def{endan}t{es} hand{es} or that eu{er} he did see the same to his knowledge And he this sayd Payne vpo{n} the first viewe and Examinac{i}on therof fownde the same at that time in such and the same estate and degree as the same Exigent nowe ys and eu{er} hath been duringe all the time that he hath been deputye or Clarke in or toward the sayd Office to his knowledge The w{hi}ch writt he this Payne w{i}th the sayd Whalley sythence by thappointm{en}t of his sayd mast{er} and not othe{r}wyse at the seu{er}all times and to the seu{er}all plac{es} in the answe{r} of the sayd Mr Leonard before confessed and iustifyed did ca{r}ry and showe forthe v{i}zt twice to the Iustic{es} of the king{es} benche sittinge in Courte and once to the sayd L{ord} Tresore{r} The w{hi}ch is all the deallinge the sayd Payne hathe had w{i}th the sayd writt to his knowledge or remembrance And w{i}thout that that the sayd Payne did confed{er}ate him self w{i}th the sayd Ihon Leonard Richard Payne Edward Barthelett Anthony Barthelett and Thom{as} Moore or any of them Or did convey or appoint any othe{r} to convey the sayd writt of Exigent sollye or w{i}th any othe{r} together of one bundell ^\\out// of the sayd office of Custos br{e}uiu{m} to be ca{r}ryed fro{m} place to place at the will and pleasure of the sayd Richard Payne By reason wherof the sayd writt of Exigent was pared or cutt away vpo{n} the edge of the same so as the numb{er} of xxj was made but xx by cuttinge or paringe away the number or lett{er} j in suche mann{er} and forme as in and by the sayd Bill of Compl{ain}t is very hardly suggested And w{i}thout that that any othe{r} matt{er} or thynge in the sayd Bill of Compl{ain}t alledged against these def{endan}t{es} or any of them beinge mat{er}iall or effectuall for these defend{an}t{es} or any of them to make aunswe{r} vnto and herein ioyntly or seu{er}ally not confessed avoyded trav{er}sed or denyed to the knowledge of these defend{an}t{es} or any of them is trewe All w{hi}ch matt{er}s the sayd defend{an}t{es} are ready to averre and prove as this highe courte shall awarde And therout [sic] pray to be dismissed w{i}th their and eu{e}ry of their reasonable Cost{es} and charg{es} by them in this behalfe wrongfully had and sustened .//

(signed, as clerk) Edw: Barthelett

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