1609 Jul 19 Neville to Staverton
Transcription by John O'Donnell
Original Spelling Transcription
To the Worll: my very good freend Mr. Richard Staverton give these at Newlodge.
Mr. Staverton. Yesternight at my comming home, I found a letter of yours, which as you see I have not long differred to aunswer. And first concerning Beard, I will not Iustifie him, but am apt ynough to beleeve that he which hath now stollen from mee, may have done as much from you at other times. But three thinges I would wish you to Consider in this last particular whereof you write. First, that from whomesoever the deere was stollen, you can not Iustifie the taking or defayming of his bow. for he is a knowen keeper and therefore hath warrant by the law to keepe a Bow, and no man can take yt from him, beeing parcell of his goodes. But if he offend with yt, he is to be punished otherwise. Secondly that Beard was not a keeper of my choice. for you know I had displaced him, and that he was put vpon mee, by him that hath power to Commaund both you and mee in all thinges. therefore / I will not not be aunswerable for his offences. And lastly that the place where he killed this deere is in warefeild yf I be truly informed: And yf in warefeild, not wthin the forest now your Charge. for I have as much right to all warfeild that is holden of mee, as to any part of yt, for your better satisfaccion wherein, because you seeme not to vnderstand what my libertie is there, I let you know that it is no purley but a free Chace, exempt by speciall wordes, from all Iurisdiction or Intermedling of the Iustice in Qyer or any keeper or other minister of the forest whatsoever. And this was first graunted to the Bishop of winchester over all his owne landes and his Tenantes throughout England, by king Edward the first, Confirmed & amplified vnto him by king Edward ye third, and so Continewed Confirmed and Injoyed in all succeeding kinges raignes vntill king Edward the vith: who made an exchaing with the Bishop for these Mannors that are now mine, and after gave them vnto my father with all such Royalties and liberties as the Bishop had; And my father Injoyed & exercised them accordingly as you know, and in the late Queenes time was put to his triall for them, and had them allowed and admitted vnto him in the kinges bench; vpon a quo warranto brought against him by the Atturney generall. And my lady Periam and my self have had the like allowance vpon our Claime in thexchecquer since his Maties: time. So as for the validitie of them there is no question, having bin so sifted as they have bin, and receaved such allowance. Then beeing wthin wadfeild & holden formerly of the Bp. and now of mee, there is as little question but my libertie extendes to that place as well as to the rest of warefeild. And whereas you write that your father walked that part of warefeild, I confesse it to be true, And there bee that remember that yt was by my fathers sufferance & consent. And in that sort you might & may still continew it. but you have som ruffinly knaves about you who (as I am informed) say they will walke yt in dispite of mee. But in that kind, I would have both them and you know that I will not suffer yt, but I will call any man to account that shall Impeache mine Inheritance. And yf yor father had Challenged yt in that fashion, I know well how farre my father would have bin from induring it. In this point it will not be amisse for you to remember, that you are a Copiholder of that mannor, and sworne to mantaine all the lawfull rightes that belong vnto the lord. To conclude, this offence is don to mee, and I meane to call Beard in question for yt at my Court and there punishe him, as I may and will any other Tenant that shall breake my libertie of Chace. but yf you detaine his bow he will take his remedy against you. And yf you call him in question for yt in any other place, you infringe my libertie (which how it will stand wth yor oath of a tenant I know not) and I must needes mantaine yt, though I disavow his fact, and beeing don wthout any warrant or knowledge of mine. whereas you seeme to charge Trigge with offences of the same nature who indeede is my keeper of the Chace, and not Beard, you shall doe mee a pleasure to proove yt. for yf he be false he shall walke yt no longer. But till yt be prooved you must give me leave to suspend my opinion, as I am sure you will doe for Bunny. Now to com to the other part of your letter concerning your owne busines, your selfe can best witnes how willing I was to have these questions that are growen betweene vs, Composed without sute in law. You know two meetinges were appointed for our Councell to confesse and end them freendly, and you failed at both. you will aunswer you were lame. but since you were well and able to travaill, did you ever renew the mocion?, or accept of yt when yt hath bin offered you on my part? or did you not ymmediatly after your second failing hold a Court in a bravery, and give out greate and bigg wordes in all places, of spending hundreds & thowsandes, nay of fighting and dying in the defence of the title? These thinges you must thinke I heard and smiled at, but was never mooved further then to take yt for resolved, that you meant not to end these Controversies in that sort that was first proposed, and therefore I prepared my self to proceede in an other. yet had I this respect vnto you, that I was contented you should be the last I would call in question, supposing that when the cawse had bin tried with some other, you would have bin satisfied, and I should not have needed any sute. And so I would have Continewed, but that your self provoked mee to the Contrary with your proceeding at your last Court, where you did not only attempt to hold plea of an assise brought there by Doughty, a matter never Challenged by your Auncestors nor vsed by your self, but allso called in question a graunt made of a base hold in the high Court, which is directly contrary to the vse and challenge of your owne side. These new incrochementes made vpon me, as I conceave only in a bravery Lite pendente, inforced mee to bring the matter in question sooner then I intended. wherein what the successe willbe I must leave to triall. But this I pray you thinke of mee, as you wishe mee to doe of you, that I am not so vnadvised to begin or stirre this question, but that I have receaved as much assurance of my right, and from as good Councell as I could seeke or take yf yt concerned my whole Inheritance. Yet I can not blame you, neither doe I, for defending that right that you suppose you have. I would doe the same yf I were in your Case. only in this I should differ from you, that I would seeke to have it tried as soone as I could, which you doe not, but put it of by vnnecessarie delaies that can advantage you no way, but will assuredly increase the Charge of the sute which otherwise (I dare vndertake) may be brought to a Iudgement for ten pound Charge, and as little to you in respect of the consequence. for yf I evict the base from you, the land remaines to you that you have in possession, and those bases must beare a rateable part of the lordes rent which you now pay. So as you loose nothing but your fines, which are small and certaine, and your herriottes. both which I dare take vpon mee to satisfie your Counsaill, will not yeeld you so much proffit as they will cost you, when you passe through the high lordes Court, where you must fine for them and your owne both, and must know that your [sut]es are arbitrary and not certaine. But take heede, that as som surgeons [vse] to make long Cures of small hurtes to picke out a living out of them, so som lawyers doe not hold you the longer and animate you the more in this sute, vpon the same reason. /I can tell you som of them doe not think to say (as I have heard) that they would be loath to loose you, for you see them well both wth venison and otherwise. To conclude, whereas you write that you would be glad any course should be taken whereby you might injoye your owne, and I be satisfied, my aunswer is, that yf you will propose any such, by your selfe or any frinde, I will not reiect yt, but intertaine yt willingly yf yt be reasonnable. And yf yours be not, yt may peradventure give mee occasion to make one that shallbe. for I am neither by nature contencious, nor so weake that I willbe easyly led by other, as you seeme to glaunce. And so having answered as I take yt all the partes of your letter, I end, as I parted when I last saw you, in very good Charitie, and willing to continue (our right on both sides reserved).
Your loving freend and neighbour Henry Neuill. from Pillingbere the 19th of July 1609.
