Edward Earl of Oxford, lord great Chamberlain, on the part of Henry Bullock, a minor vs. Rich. Wiseman: "Manorial custom as to wardship."

PRO C2/Eliz/B22/18

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PRO summary: Lands, &c., lying in West Mersey, called Dawes alias Bacons, holden of complainant the earl of Oxford, as of his manor of ...... by knight's service.

NB: Henry Bullocke's will is PRO PROB11/61, ff. 96-7v.

PRO C2/Eliz/B22/18/1 (complaint)

xj die Novembris 1581

To the right honorable S{i}r Thomas Bromley Knight Lorde Chauncello{ur} of England

Complaineth and sheweth vnto your goode Lordeshippe Edward Erle of Oxford and lord great Chamb{er}len of England for and on the behalf of Henry Bullocke an infant of the age fowre yeres as Garden [=guardian] vnto him. That where Henry Bullocke late of ^\\muche// wigbrowe in the Countie of Essex yeman father of the said infant deceased was in his lieftime amongest other land{es} seised of certaine land{es} and tenem{en}t{es} lieng in Westmersey [aforsaid] called Dawes al{ia}s Bacons holdon of yo{ur} orato{ur} by knight{es} service. And so being seised and about twoo yeres past lieng very sicke vppon his deathes bed, and not above sixe daies before the daie of his death did by the advice of one Richard Wiseman his brother in lawe and of divers other very craftie p{er}sonnes make a feoffem{en}t in ffee to the said Richard Wiseman to the ende to defeate and defraude yo{ur} orato{ur} of the wardeshippe of the said infant his sonne and heire, expressing no other vse vppon the said fefm{en}t apparantly then to the vse of the said Richard Wiseman and his heires but in secret trust to be to the vse of the said infant his sonne and heire as shall be made very apparant to yo{ur} Lordeshippe by all matter of circu{m}stance in reasonable and necessary construcc{i}on and considerac{i}on. And where also the said Henry Bullocke the father did likewise lieng vppon his said deathes bed make his last will and testam{en}t in writing, making therby the said Richard Wiseman his executo{ur} and devised therby vnto the said Wiseman thissues and p{ro}fitt{es} of certaine of his land{es} ^\\w{i}th other his goodd{es} & chattell{es}// w{i}th Condic{i}on that he should be bounde by obligac{i}on in the so{m}me of five hundred pound{es} to one Iohn Baron yeman, yearly to accompt to him of the said issues and p{ro}fitt{es}, and that they might be duely answered to the said infant & other his brethren and sisters at theire full yeres according to the limitac{i}on of the said will as by the same maie more at large appere. So it is nowe my goode Lord, the said Richard Wiseman (entendinge contrary to all right and goode conscience not onely to defraude and defete the said infant of the land so put in fefm{en}t vnto him in trust, but also of such porc{i}on as should at his full age growe vnto him by the appointm{en}t of ^\\his// said fathers last will and testam{en}t vtterly denieth both the said trust, claiminge the said Lande to be absolutely to him and his heires, and also having not put in the said bond of vCli [=500] to the said Iohn Baron accordinge vnto the limitac{i}on of the said will, taketh ^\\notw{i}thstanding// the issues and p{ro}fitt{es} of the land{es} so devised vnto him thereby, and hath also gotten into his hand{es} and possession the goodd{es} and chattell{es} of the testato{ur} his father forasmuch as the said Henry Bullocke is not nowe above the age of fowre yeres at the most, and that theise matters shall not be so well in memory and to be p{ro}ved by him at his full age (to seke his owne remedy and redres herein) as nowe / And that the trust vppon the said fefm{en}t can have no other direct proef [=proof] but by the othe of the said Richard Wiseman and so w{i}thout all remedy by the order of the Co{m}mon Lawes of this realm, w{hi}ch will tend to his disherison [=disinheritance], vnlesse yo{ur} goode lordshippes helpe herein be [..] forthw{i}th exten= ded toward{es} the said Henry Bullocke Yt maie therfore please yo{ur} goode lordship the p{re}misses considered to gra{u}nte to yo{ur} orato{ur} the quenes ma{is}ties most gracious writte of Subpoena to be directed to the said Richard Wiseman co{m}maunding him therby to appere before yo{ur} goode lordship in her ma{ies}ties most highe Court of Cha{u}ncery at a certaine day and vnder a certaine paine by yo{ur} Lordshippe to be appointed then and there to answere in the p{re}misses, and further to stand to such order therein as to yo{ur} goode Lordship shall be thought meete and convenient to the safetie of the said infant ^\\in the causes aforesaid//. And the said Earle shall herein stand bound vnto yo{ur} good Lordship, and wishe vnto you great increase of hono{ur}/

PRO C2/Eliz/B22/18/2 (answer)

Thanswere of Richard Wiesman defendant to the bill of Compleynt of the right honorable ^\\Edwarde// Earle of Oxenford for and in the behalfe of Henry Bullocke being w{i}thin age.

The said Defendant by protestac{i}on not confessing the said landes and ten{emen}t{es} called Dawes al{ia}s Bacons menc{i}oned in the said bill of Compl{ainan}t or eny p{ar}te or p{ar}cell of the same or eny other of the landes or ten{emen}t{es} w{hi}ch were the said Henry Bullock{es} deceased to be to his knowledge holden by Knight{es} s{er}vice of the said Earle of Oxenford or of eny other p{er}son or p{er}sons by that tenor, as in and by the said bill of Compl{ainan}t ys supposed and declared sayeth that the said bill of Compl{ainan}t ys vncerteine and insufficient in the lawe to be answered vnto for that yt is alledged therin that the said Henry Bullocke the father was seazed of the said Landes and ten{emen}t{es} called Dawes al{ia}s Bacons and doth not shewe of what estate he was seazed neyther what estate he hadd in the same for w{hi}ch apparent cause and incertenty the said defend{an}t doth demur in lawe vppon the said bill of Comleynt and demaundeth iudgement therof. Neuertheles yf by thorder of this honourable Courte he shalbe compelled to make eny further answere to the said insufficient bill then the advantage of thincerteynty and insufficiency alwayes saved vnto him the said defend{an}t for further answere and for a pleyne declarac{i}on of the truthe doth sey that trwe yt is that the said Henry Bullocke the father was in his lief tyme amongst other landes seazed of the said landes and ten{emen}t{es} called Dawes al{ia}s Bacons (and as he thinketh of a good and lawfull estate in fee symple) and so being therof seazed being mynded and determyned to make sale therof and to alyenate and put awaye the same did longe before his death, enter into talke and comvnycac{i}on w{i}th diu{er}se and sundry p{er}sons for the buying therof and at length made offer of the sale of the same to the said defend{an}t his brother in lawe who after diu{er}se treates [=treaties, negotiations] therin did in thend growe to a full and pleyne bergayne for the same vi{delice}tt that the said defend{an}t shold haue the said landes and ten{emen}t{es} called Dawes and [for al{ia}s] Bacons menc{i}oned in the said bill of Compl{ainan}t to him and to his heires and that he the said defend{an}t shold paye for the same the some of Eyghtskore poundes [=160] in mony at such dayes and tymes as betwene them was then agreed of. In p{er}formynge and accomplishinge of w{hi}ch said bergeyne and agrement the said Henry Bullocke the father did about the fiftenth daye of Ianuary in the xxjth yere of the reigne of o{ur} souereigne lady the Quene her Ma{ies}tie that nowe ys [=15 January 1579] make a deed of feoffement and caused an estate to be dwly deliuered of the said land called Dawes al{ia}s Bacons to the said defend{an}t and his heires in the p{re}sens of diu{er}se p{er}sons of good abilitee and credite w{hi}ch said estate and feoffement so made and taken was in truth pleynely and absolutely to the only vse of the said defend{an}t and his heires and not to eny other vse intent and p{ur}pose Sithens the makeinge of w{hi}ch said feoffement he the said defend{an}t hath bene seazed therof accordingly and hath from tyme to tyme eu{er} sithens taken and receyved the yssues and profitt{es} of the same to his owne vse as well and lawfull was for him to doo w{i}thout that the [said] said feoffement was made of eny covenous intent to defeate or defraude the said Compl{ainan}t of the wardshipp of the said infant as in the said bill of Compl{ainan}t ys s{ur}mised Or that ther was vppon the makeing of the said estate or feoffment any secret purpose meaning or intent that the same shold be to the vse of the said infant or to eny other vse then ys pleynely and simply exprest and declared in and by the said dead [=deed] of feoffement w{hi}ch ys redy to be shewed forth to this honorable Courte And forasmuch as by the truth of the matter it ys very manifest and apparant that the said Compl{ainan}t hath no iust cause or good title as gardeine in Chevalry ^\\or// otherwise to haue the custody or wardshipp of the said Henry Bullocke the infant And for that his custody edvcac{i}on and bringinge vpp during his mynoritee was specially ment and appointed by his father vppon his death bedd vnto the said defend{an}t so that the said Compl{ainan}t hath neyther by lawe or conscience eny cause or authoritee to deale either w{i}th his body or w{i}th eny other thinge belonginge or app{er}teyninge to him the said infant And forasmuch as the rest of the matters menc{i}oned in the said bill do only concerne certeine accompt{es} & reconing{es} to be made to the said infant at his comynge to his full age w{hi}ch do by no meanes app{er}teyne or belonge to the said Compl{ainan}t he the said defend{an}t verely thinketh that he ys not towching thoes matters or towching that p{ar}te of the said bill of Compl{ainan}t to make eny answere at all to the said Compl{ainan}t and thervppon referreth him sealfe to the order and iudgement of this honorable Courte And prayeth that he mey be dismissed out of the same w{i}th his resonble cost{es} and charges herein susteyned

PRO C2/Eliz/B22/18/3 (replication)

The replicac{i}on of Edward Erle of Oxford complain{an}t to the answere of Richard Wiseman defendant

The said Complainant doth averre and maintaine his said bill of complaint to be certaine and sufficient in the Lawe to be answered vnto. And all the matters and thing{es} therein conteined to be goode iuste and true in such maner and forme as they are and bene in the said bill of complaint set forth and alledged. W{i}thout that that the said dede of feoffm{en}t and the estate made therevppon, w{i}th all other the matter and circumstances touchinge the same as they are ^\\before// set forth in the answere of the said defendant were made done or executed to any other ende effect or purpose, th[[a]]n to defeate defraude and avoid this Complain{an}t of the wardeshippe of the said Henry Bullocke the soonne. And w{i}thout that that the said so{m}me of Eight score pound{es} [=L160] was agreed vppon betwene the said defendant and the said Henry Bullocke the father to be paid to him the said Henry Bullocke for and in [consider] considerac{i}on of the p{ur}chase of the said land{es} absolutely truly and bona fide, but fraudulently to cover and shadowe the covine and deceipt aforsaid purposed and practized against this complain{an}t in this matter vnder p{re}tence and showe of this bargaine. All w{hi}ch matters this Complain{an}t is redy to averre and p{ro}ve as this honorable Court shall award, and praieth as he before in his said bill hath praied.

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