STAC 5/W3/28

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STAC 5/W3/28 - B A - 22 Eliz - Warwickshire - Dorothy Waterhouse v Thomas Cotton et uxor, Edmund Hewett, Robert Mylner, Richard Mootley, Edmund Hollyer et al see STAC Waterhouse

Transcribed by Helen Good

To the Queenes moste excellent Majestie

In most humble wyse Complayninge showeth to your moste excellent majestie your poure & faithfull subject Dorothie Waterhouse wydowe administratrixe of the goodes and Chattells which weare John Waterhouse of Nether Whiteacre in the County of Warwick hir late husband deceased That whereas one Thomas Cotton of Cotton Bridge in the parishe of Kingesburye in the countie of Warwickshire aforesaid for & in consideration of foure kyne which he the said Thomas receaved & had of the said John Waterhouse husband of your said supplicante longe before his death That is to saye [ . . . ] the Twentye daye of Maij in the Sixtenthe yeare of your Majesties most prosperous Raigne dyd faithfully promisse and upon him [ . . ]ing to deliver unto the the said John Waterhouse sixe Heyfors with calves at them & terme of three years then next followinge at which tyme the said Thomas Cotton being a Craftie and subtill fellowe denyed to deliver to the said John Waterhouse the sixe Heyfors with calves accordinge to his promyse & assumption aforesaid to that the said John Waterhouse not having the said sixe Heyfors with calves delivered unto him in manner & forme aforesaid which he ment to have sould for the payemente of his rent for the parsonsge of Whitacre aforesaid and other dettes was for want thereof & for none payement of the said rente dryven to forfaite to Sir John Throckmorton knight in lease of the said Rectory or parsonage of Whitacre which he helde of the said Sir John for divers yeares yet to come to the uttre undoinge of the said John Waterhouse of your said suppliaunt & of many small Children. Throughe which unconcionable craftie and subtill dealinge the said John Waterhouse within a shorte space afterwardes tooke such an inward grief that by reasone thereof he fell sicke & so being sicke sent for the said Cotton to come unto him that they twoe might growe to some end for the said sixe heyfors with calves for the reliving of your said supplicaunt & hir small children after the decease of the said John Waterhouse yf it should please god then to call for him At which tyme the said Cotton havinge intelligence of thextremitie of the sicknes of the said John Waterhouse came not unto him but as it is supposed accordinge to his former subtill and craftie dealinge ment after the decease of the said John Waterhouse uttrely to defraude your said suppliaunt of the said sixe heyfors with Calves to the utter impoverishmente & undoing of hir and many small children & so the said John Waterhouse shortly afterwardes dyed After whose decease your said suppliaunt as administratrixe of the goodes and Chattles of hir said husband brought his action upon the case in your majesties Court of your Benche against the said Cotton uppon his assumpsit made to her said husband upon which action Comenced the said Cotton being a craftie and subtill fellowe & as it is supposed by the procurementes of one Anticle Brasbridge gent Edmond Hewet & Roberte Mylner beinge craftie & subtill fellowes & gyven to greate trobles with dyvers & sundrie men in the Cuntrey served your said suppliaunt with your Majesties writt of Subpena out of your highnes Courte of Chauncerie without any just cause or mattre supposing that upon the serving thereof your said suppliaunt being a verye poare woman & not able to goe to lawe with the said Cotton being a man of lands and greate welth wold cease her sute against him in your said Courte of your Bench upon which serving of your said suppliaunt with your said writt of Subpena your said suppliaunt appeared in your said Courte of Chancerie & there was admitted in forma pauperis where he exhibited a bill rather to molest your said suppliant being a verye poare woman [they upon very unjust cause so to doe] notwithstandinge your said suppliaunt havinge the relief ayde & helpe of your godly & welldisposed people of the Cuntrey where she dwelt within your said County of Warwick proceed to the triall of hir said action upon the case who are she Recovered damages with Costes for hir said action sustayned to the some of fyfteene poundes upon which said action soe recovered your said suppliant had in your said Courte of bench at Easter terme last judgement for the said some of fifteene poundes & also your majesties writt of fieri facias out of the same Courte directed to the sheriffe of the Countie of Warwicke comanding him thereby to levie of the goodes & Cattles of the said Cotton the said some of fifteene poundes. And the aforesaid Anticle Brasbridge being at London at the same terme & a prorosecuor & maintenor of the said causes in the behalf of the said Cotton as it is supposed & partely as it hath bynne confessed dyd upon intelligence thereof to him given wryte unto the said Cotton presently to make sale of all his goods and Chattles & thereby utterly to defraude your said suppliant of his said execution & the said Cotton as it is credebly reported sent for the said Edmond Hollyer & so maide sale of fortie or fyftie beastes and every one of them had a certaine nombre of beastes to him self by fraudulent dealinge contrary to the lawes & statutes of this Realme After which tyme the sheriffe of the Countie of Warwick having the said writt of fieri facias to him delivered sent one Thomas Shakespeare as his deputie for thexecution thereof to the house & groundes of the said Cotton in the parish of Kingesburie aforesaid by vertue therof to levye of the goodes and Chattles of the said Cotton the said some of fifteene poundes against him in your highnes said Courte of bench by your said suppliant so recovered whoe havinge the said writt he the tenth daye of Maij last past by vertue thereof came to the house & groundes of the said Cotton at Kingesburye aforesaid to have executed the same where he found the said Edmond Hewet Edmond Hollyer Roberte Mylner & one Jacob Hewet sonne of the same Tomond John Dreton Robert Hitchcocke Mathewe Osborne Joane Cotton wyfe of the said Thomas Joyse Maryll Redigune Tayler & dyvers other malicious and evil disposed persons unknowne to the nombre of thirteene persons with pickforkes daggers long staves and other unlawfull weapons Ryotously Rowteously together assembled at which tyme then and there they did assaulte the said Shakespeare as deputie to the said sheriffe of the said countie of Warwicke and him did beate wound threat & evill intreate and from doing his execution dyd lett contrary to your highness peace lawes crowne and dignitie that your said subjects can not get the benefit of the said execucion. Where fore the premisses tendrely considered maye it please your most excellent majestie to graunt to your said poare suppliant your gratious writt of Subpena to be directed to the said Thomas Cotton & Joane his wyffe Edmond Hewet Roberte Mylner Richard Mooteley Edmond Hollyer Jacob Hewet John [Dreton] Roberte Hitchcocke Mathewe Osborne Anticle Brasbridge Joyse Maryll Redigune Tayler and everye of them commanding them and every of them at a certen daye and undre a certaine paines therein to be limited personally to appeare before your most honorable privie Counsell in the highe Court of Starre Chamber then & there to answere to the premisses & to abyde such further order & to receave such condigne punishmente as to your said most honorable privie Counsell shalbe thought meete and conveniement and your said suppliant shall and will dayly pray for the preservation of your Majestie in health and prosperitie.

Jur viij Junij 1580 Warshr The joynte and severall answeres of Robert Mylner Jacobb Hewett and Edmond Hollier defendantes to the Bill of Complaynt of Dorathie Waterhouse Complainant

The saide Defendantes by protestacion sayen and everie of theym saieth that the said bill of complaynte is ynsuffycient in lawe to be answere unto the matters therein premissed touching them and everie of them untrue devised onlie of purpose and intento vex theise Defendantes and to put them to unjust vexacion costes and charges in lawe without any just cause ground or matter, The advantage of excepcion to the yncerteynty and ynsuffyciency of the said Bill to them and everie of them at all tymes hereafyer by protestation saved for answere and declaracion of the truth touching the said covyns ryottes rowtes unlawfull assemblies mayntenance and other mysdemeanors in the said Bill agaynst theym or any of them surmysed, say and everie of them sayeth that they nor any of theym be therof giltie. All which they and everie of them be readie to avere and prove as this honorable courte shall awarde and pray to be dismyssed out of this honorable courte with their reasonable costes by occacion of this unjust vexacion by theym wrongfully susteyned.