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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
(signed, as clerk) Edw: Barthelett