STAC 5/W3/33 - B A C - Mich 35/36 Eliz - Lincolnshire - Francis Warmoth v William Lund, Charles Colcott, Elizabeth Oliver, [blank] Tirwitt see STAC Warmoth
Transcribed by Helen Good
To the Queens most excellent majesty
In most humble wise complaining sheweth unto your highness your subject and poor suppliant Francis Warmoth of Legburne in your highness county of Lincoln gent. That whereas one Charles Calcott of Beckering in your highness County aforesaid yeoman not having the fear of god before his eyes, nor regarding your highness good and wholesome laws in that behalf made to the contrary sithence your last general pardon did most unlawfully and wickedly conspire, combine and confederate himself with one Elizabeth Oliver and William Lunn of Appley in your highness said county of Lincoln yeomen they therunto agreeing and consenting to kill and spoil a child, wherewithall the said Elizabeth Oliver was then conveyed, and quick, and which the said Charles upon the said Elizabeth out of wedlock most dishonestly had begotten, and to that end, and purpose the said Charles and William with the good liking and agreement of the said Elizabeth about February last did give unto the said Elizabeth certain pothecaries and poisonable drugs and drinks, whereby the said child after it had life was spoiled, poisoned, and killed contrary to your highness peace, good laws and dignity. Whereupon and worthily may it please your most excellent majesty the said Charles was complained of unto one Tirwytt esquire one of your Highness Justices for the preservation of your highness peace within the said County of Lincoln and the said crime and heinous fact being plainly and substantially proved before him the said [blank] Tyrwitt bound the said Charles by recognizancie taken about February last unto your highness use to appeare before your highness Justice of the peace at the next quarter sessions to be holden for the said County. But after the said Tirwytt contrary to his oath and duty and contrary to your Highness laws kept back the said Recognizance, and the same did not certify as by his oath he should have done, Wherby not onely the said Elizabeth but the said Charles also escaped their due and condigne punishment for this their unchristianlike cruell and monstrous act and so shall do still, unless some order may therein be taken by your highness, which your said subject humbly prayeth may be speeded, and the rather for that he hath heretofore, and now of late in most riotous and outrageous sort divers and sundry times, and in divers and sundry places been assaulted and assailed by the Charles Calcott, and William Lunn with divers other persons unknown to the number of six at the least with weapons both defensive and offensive as namely with swords, daggs, bills, daggers and pitchforks to the endangering of his life, and to the manifest breach of your highnes peace he your said subject not giving unto them any other occasion of offence save only the desire that he had and still hath to see that said secret unnatural and monstrous murder to be punnished, which he hopeth by your highness means to see effected and your subject released from these their riots and unlawfull assaults. In tender consideration wherof, and for that the conspiracy murder poisoning, perjury, riots and other the misdemeanors aforesaid are directly contrary unto your highness peace crown and dignity, and contrary unto your good gracious, and virtuous laws, the suffering and toleration whereof would be the utter subversion and overthrow of your highness realm, if such foul outrages and monstrous crimes should escape their due and condign punishment. May it therefore please your most excellent majesty of your accustomed goodness the premisses being considered to grant unto your said subject your highness most gracious writ of Subpena to be directed unto the said William Lune, Charles Colcott, Elizabeth Oliver and Tyrwytt and every of them commanding them and every of them at a day certain, and under a certain pain therin to be limited personally to appear before your highness most honourable council in your highness most high and honourable Court of Star Chamber then and there to answer the premises, and therein to abide such order and punishment, as to your highness said Council shall seem to stand with your highness laws and good equity, and then your highness said subject according unto his bounden duty shall daily pray unto god for your highness long to live and reign over us most happily and prosperously.
The answers of William Lunde & Charles Calcott defendantes to the Bill of Complaint of Francis Warmothe complainant
The said defendants all exceptions to the incertainty and insufficiency of the said bill at all times hereafter saved say and either of him for himself sayeth that as to any conspiracy or combination to kill destroy or poison any child conceived in the bofy of Elizabeth Oliver in the Bill mentioned or to the poisoning or giving any such poisoned drink as in the said bill is untruly declared as also all such riotous assault or other misdemeanour whatsoever as in or by the said bill is imposed upon them or imputed unto them they & either of them are thereof & of every part thereof utterly not guilty and falsey and slanderously accused thereof by the said Complainant being a person not likely to prosecute this cause upon conscience for redress of offences or to be assalted in such manner as in the bill is declared for that he dare not show himself abroad in the country where he is supposed to dwell for fear of his creditors suits and executions that are against him. All which matters these defendants are ready to avere and prove as this honourable court shall award and pray to be dismissed out of the same with their reasonable costs and damages by them wrongfully sustained in that behalf.