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PRO STAC5/O3/35/2 (separate answer of Richard Whalley)
Iurat' xxixno Noue{m}br{is} A{nn}o xxxmo Elizabeth{e} Regine [29 November 1587]
The severall aunswere of Richarde Whalley one of the defend{an}t{es} to the Bill of Complaynt of the Righte honorable the nowe Earle of Oxford playntyffe
The said defend{an}t by and for himselfe sayethe that albeit by
the Opynion of his Councell the said Bill and the matters therein
Complayned of, agaynste this defend{an}t are in lawe
insuffycyente and suche as this defend{an}t
ys not Compellable by this Course of suyte to aunswere vnto in
this honorable Courte, speciallye for that the same offences (yf
this defend{an}t were Culpable of the same as he is not,) are to
be called in question and
punyshed in other degree then this honorable Courte vsethe to
gyve sentence in as \\he// this defend{an}t{es} Councelll (vnder
Correcc{i}on of the same Courte) dothe Conceyue yt Nevertheles
for the full Clearinge of
this defend{an}t frome the said supposed abuses and mysdemeanors
in the Bill specified, of w{hi}ch he this defend{an}t by the said
Byll standeth vniustlye accused. And for the better satysfyinge
of this honorable
Courte touchinge his entermedlinge in or w{i}th the sayd wrytt of
Exigent, specyfyed in the said Byll, layde to his Chardge, he the
sayd defend{an}t (savinge to himselfe ^\\nowe and att all tymes
hereafter// the benefitt of Excepc{i}on to the vncerteyntye and
insufficiencye of the sayd Byll) saythe, that as to the Cuttinge
or paringe of the sayde wrytt of Exigent, or of the Retorne
thereof, and as to all and everye suche other the mysdemeanors
and abuses in
the Byll specyfyed as are examynable in this honorable Courte and
wherewithe this defend{an}t ys in enywyse Chardged or burthened
in or by the sayd Byll, he this defend{an}t saythe that he is not
Culpable or
guyltye of the same or of enye of theme in manner and forme as in
the sayde Byll is suggested, And for further aunswere saythe
that true yt is that he this defend{an}t hayth ben reteyninge in
and
towardes the said offyce of Custos br{eu}iu{m} mencyoned in the
sayd Byll by the space of these sixe yeares laste paste as he
taketh yt, That ys to saye, firste Servaunte vnto Wyllyam
fforrest decessed late
deputye in the sayd offyce and afterwardes Clerke there vnto Mr
Iohn Lennarde mencioned in the sayd Bill And that he this
defend{an}t by and durynge all the sayd tyme, never harde or
knewe of anye
searche questyon or demaund to be had or made (to his knowledge)
of or for the said wrytt of Exigent mencyoned in the said Byll
vntyll about{es} [sic] the begynninge of Eastere Terme laste
paste, att w{hi}ch tyme
he this defend{an}t by the requeste of one Iohn Tanner of
Clyfford{es} Inne made searche for the said writt of Exigente in
the sayd Byll specyfyed att a place att Westmynster called St
Stephens
where greate nombers of wrytt{es} and Recordes p{er}teyninge to
the Custos br{eu}iu{m} office are, and as he haith harde, of
longe tyme paste haue ben kepte in Chestes, havinge then in his
compagnye one
David Howell servaunte vnto the said Mr Lennnarde and Booke
bearer in the same office, And after suche tyme as he this
defend{an}t had founde out the said writt of Exigente, he the
same defend{an}t
presentlye w{i}thout readinge over of the same or the retorne
therof, Caused the said David Howell (as the Course is,) to
bringe the whole bundel of the writt{es} of that Retorne wherof
the said exigent
was one frome the said place of Westmynster called St Stephens
vnto his said M{aste}rs offyce of Custos br{eu}iu{m} then and
yett beinge kepte at Lyncolns Inne where the sayd bundell was
layde amongest
other Bundels there accordinge to the vsuall manner thereof. And
this defend{an}t sayth, that in what plyte state and degree the
said wrytt of Exigent and the retorne thereof was att that
tyme, when this defend{an}t founde out the same att Westmynster
vpon the foresaid serche and firste vewe thereof, in the selfe
same plyte state and degree and in noe other for anye thinge this
defend{an}t
haythe donne, or dothe knowe to the Contrarye thereof, the said
wrytt of Exigent and the Retorne thereof nowe is and ever haythe
ben, duringe al his tyme of beinge Seru{au}nte or Clerke in and
towardes the said Offyce, and afterwardes the said Davyd Howell
as this defend{an}t remembreth (vpon the daye of the Iurye
retorned, or tryall hadd, in the Courte of the King{es} benche,
of and Concerninge
the Cawse then in variaunce ^\\touchinge land{es}// in the Byll
specyfyed) by the appoyntmente or Commandem{en}t of the said Mr
Lennard or of Wyllyam Stamforde the said Mr Lennardes deputye,
brought the Bundell wherein
the sayd writt of Exigente was fyled, to Westmynster Hall
amongste other Bundells of writt{es}, and layde theme in or neare
the Courte of Comon pleas in a