STAC 5/W3/26

From Waalt

STAC 5/W3/26 - B A - Mich 39/40 Eliz - Essex - Sir William Wallgrave v William Fitche, John Clarke, Thomas Reignolde John Scott Thomas Kerrington Roger Kerrington Henry Kerrington, John Broadwater see STAC Waldegrave

Transcribed by Helen Good

To the Queen’s most excellent Majesty In most dutiful manner complaining sheweth to your highness your most faithful and obedient subject Sir William Walgrave the elder of Smalbrydge [Smallbridge] in the county of Suffolk knight That whereas your said subject is and by the space of forty years last past hath been lawfully seized in his demesne as of fee of all that park and impaled ground ordinarily called Wormyngford [Wormingford] park in the County of Essex And wherein the same hath anciently and time whereof no memory of man is to the contrary been a park and deer by all the said time maintained and kept therein And your said subject and all his ancestors whose heirs your subjects have by all the same time quietly held and enjoyed the same as a park and quietly kept and maintained deer within the same Yet now so it is (if it may please your majesty) that William Fitche of Chelmesforde [Chelmsford] in your highness said county of Essex yeoman, John Clarke of Chelmesford aforesaid labourer, and Thomas Reignolde of the same labourer, John Scotte the younger of the same labourer, Thomas Kerrington of Mountbuers [Mount Bures] in the said county of Essex labourer, Roger Kerrington, Henry Kerrington, and John Broadwater being all men of bad behaviour and nothing regarding the laws and statutes of this your highness realm made and provided again at such as shall wrongfully or unlawfully break or enter into any park impaled or into any other several grounds closed with wall pale or hedge and used for the keeping breeding and preserving of deer and wrongfully hunt drive or chase out or take or kill any deer within any such park or impaled or enclosed ground nor yet the penalties thereby provided against such as shall offend therein, but have contrary to the same at divers and sundry times sithence your majestys most gracious and general pardon that is to say in and upon the nine and twentieth day of August in the 39th year of your majestys reign in the night time of the same day the said William Fitch [other names interlined above] with divers others to the number of twenty . . . them being armed with weapons as swords daggers pistols and crossbows in most riotous and unlawful manner with force and arms did enter into the same park of your said subjects and then and there hunted and killed many of your subjects deer then being in the same park And likewise at another time that is to say in and upon the first day of September now likewise last past the said William Fitch, John Clarke, Thomas Reignold, John Scott, Thomas Kerrington, Roger Kerrington, Henry Kennington, and John Broadwater being armed with weapons as aforesaid did likewise the said first day of September and divers other times sithence your majestys general pardon enter into the same park and then and there likewise chased hunted and killed divers of your subjects deer then being in the same park contrary to the good and wholesome laws and statutes of this your highness realm in that behalf made and provided to the great encouraging and emboldening of the said malefactors and such like evil disposed persons for to attempt and commit the like offences if the said malefactors shall escape unpunished. In consideration whereof may it please your majesty the premises considered for to grant your majestys most gracious writ of subpoena to be directed to the said William Fitche, John Clarke, Thomas Rignolde John Scott Thomas Kerrington Roger Kerrington Henry Kerrington and John Broadwater and every of them commanding them and every of them thereby at a certain time and under a certain pain therein to be limited and appointed personally to appear before your majestys council in your highness court of Starchamber then and there to answer to the premises and for to receive such punishment and correction for the same their offences As by your highness said council shall be adjudged fit to be inflicted upon them for such their offences And your said subject according to his bounden duty shall daily pray unto the almighty for the happy & h. . . of your most royal person in health and happiness long to reign over this realm.

29 November Anno 40 Elizabeth Reg. The joint and several answer of William Fitche and Thomas Kerrington two of the defendants to the Bill of Complaint of Sir William Waldegrave knight Complainant. The said Defendant for the them selves do severally say That they were not guilty of any the Routs, Riots, Unlawful Entries, and other misdemeanours in such manner and form as in the Complainants Bill of Complaint is sett forth and declared, And therefore these defendants most humbly prayeth to be dismissed this Honourable Court with their Reasonable Costs and expenses by them in this behalf most Wrongfully sustained.