Robert Whitby, Town Clerk 1602-c.1619

Case "Pro Roberto Whitbey querente versus Willelmum Frodsham def' in placito debite"

Despite the heading this appears to be Robert Whitbey's deposition in a case of false imprisonment. Robert Whitbey says that a presentment was made at the Chester Sessions on 17th September, 1582, against Thomas Whyte of the city of Chester, glover, Edward Aldcrofte of Thornton, co. Chester, yeoman, and Thomas Cloughe of Dunham, co. Chester husbandman, that on the 28th September 1581, they assaulted John Whitbey at Dunham by force and arms, and Thomas Whyte struck him a mortal blow, Aldcrofte and Cloughe aiding and abetting. All three pleaded not guilty. The jury found them guilty of homicide but not of murder. Whyte and Aldcrofte claimed clergy and were to be marked on the left hand according to the Statute. The indictment against Cloughe was to be re-made on the first day of the next sessions for the county. On the 8th April 1583, Cloughe was brought before the court and produced letters patent of pardon. Robert Whitbey said that Richard Hurleston, constable of the Castle and all former constables time out of mind had and ought to have for felons in their custody if they should be acquitted xiij d. and might detain any such person until the sum was fully paid. Richard Hurleston, as constable of the Castle and by judgement given, kept Thomas Cloughe in prison in the Castle for non-payment of the said xiij d