Anthony Caldwell vs. Michael Sands esq. Bill to be relieved against extents.

PRO C2/ELIZ/C7/30

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PRO summary: Lease granted by defendant to plaintiff of the manor of Jebcracke otherwise Chipcracke in Purley; the said manor lately the estate of Edward earl of Oxford, and by him sold and conveyed to one John Mabbs.

PRO C2/ELIZ/C7/30/1

[[8 May]] 1591

To the Right Honorable S{i}r Christopher Hatton of the most noble order of the garter knight Lord Chauncellor of England

Humbly complayninge shewethe to yowr Honorable Lordshippe yowr dayly Orator Anthony Caldwell of Purley in the Countie of Essex yeoman That wheare abowte nyne yeres paste one Iohn Mabbs Citizen and Gouldsmythe of London was seised of and in the mannor \\of// Iepcracke otherwyse [G] Chipcracke in Purley afforesaid in his demesne as of ffee And so seised was bownde by Recognizaunce to one Edmond Style in the som of one Hundrethe and ffowertie pound{es} And where also the Right Honorable Edward Erle of Oxenford did also acknowledge one Recognizaunce of Two Thowsand m{ar}k{es} as by the seu{er}all Record{es} dothe and maie appeare And wheare further the said Right Honorable Erle of Oxenford was seised in his demesne as of fee in the said mannor And assured the same to the said Mabbs And wheare also the said mannor was Conveyed to one Michaell sand{es} Esquyer by force whereof he was seised in his demesne as of fee. And he soe seised did abowte the eyght and Twentythe yere of Hir ma{ies}ties Raigne by deid Indented demyse to yowr Orator the mansion howse of the said mannor And the Scite and divers [p{ar}cells] percells of the demesnes of the said mannor for divers yeres yet Induringe yeldinge and payeinge the yerly rente for euery acre [otiose mark at end] five shilling{es} the acre by force whereof yowr Lordshipps said Orator did enter into the said demysed p{re}misses, and was possessed theirof accordingly And where sythence the said Styles hathe sewed [=sued, pursued] execuc{i}on of the said Recognizaunce And divers p{ar}cells of the said Mannor beinge lyable to the said Charge is extended And is deliu{er}ed to the said Edmond Styles for a Certeyne terme yet Indurynge and wheare lykewyse one Skynner hathe extended the said land for the other Recognizaunce knowledged by the said Erle of Oxenford extended and hathe deliu{er}ed diuers others[s] parcells of the demysed p{re}misses ouer and besid{es} / And also their is extended for hir maiestie the said demysed p{re}misses for debt dewe to Hir ^\\Ma{ies}tie// for the wardshippe or liverye of the said Erle And where also one Chelsham extended sythence the said demysed two Hundreth acres next adioynynge to the p{re}misses and will neyther suffer the farmer of the same to make the hedg{es} and fenc{es} betwi[[x]]te the said grownd{es} And the grownd{es} to yowr said Orator so letten by meanes whereof yowr Lordshipps said Orator Can take no benyfitt or p{ro}ffitt of the said ferme And to his greate losse and hyndraunce your said Orator hath had spoyled and distroyed w{hi}ch Cattell Twentie acres of wheate and ten acres of Otes [to his] by defaulte of the said fenc{es} and hedg{es}. And wheare further yowr Lordshipps said Orator dothe \\by// occupac{i}on occupie divers of the letten p{re}misses But soe it is yf it maye please yowr Honorable Lordshipp that the said Michaell Sand{es} notw{i}thstandinge the said lawfull evicc{i}ons before resighted [=recited] And not w{i}thstandinge also the troblesom occupac{i}on for wante of the Inclosures And albeit by occupac{i}on afforesaid that yowr said Orator is for the tyme discharged of paymente of his Rente to the said Sand{es}. He the \\said// sand{es} knowinge of the said lawfull evicc{i}ons dothe not only [I] vniustly and wrongfully vex and troble yowr said Orator w{hi}ch acc{i}ons of debte at the Common lawe And dayly molesteinge yowr said Orator w{i}th Infinyte trobles and vnlawfull distresses and Impowndinge his Cattell to the manyfolde Iniury of yo{u}r poore Orator As lately haueinge killed one geldinge worthe five pownd{es} and one Cowe being w{i}th Calfe, worthe the som of Three pownd{es} But also notwithstanding yo{u}r Orator hath of \\his owne Charg{es} bestowed// the som of Twentie pound{es} [w{hi}ch your said Orator hath bestowed] in the repayringe of the said mansion howse at the requeste of the said Sand{es} Besid{es} fortie[tie] pownd{es} and ten shilling{es} for buyldinge of a barne and other accoumpt{es} for keeping{es} his Coort{es} of the said mannor & other Reconing{es} as by the said P{ar}ticulers more playnely maye appeare to the vtter vndoeinge of yowr poore Orator ^\\the said sand{es} dothe vniustly deteyne// vnlesse yowr Lordshippe of yowr accustomed goodnes dothe p{ro}vide some ordinarie remedy to meete w{i}th those vniust vexac{i}ons and trobles Maie it therefore please yowr Honorable Lordshippe the p{re}misses Considered to award the Queenes Ma{ies}ties writt of Sub pena to be directed to the said Michael Sand{es} Commaundinge hym theirby vnder A Certeyne payne at a Certeyne daie and place theirin Conteyned to answer to the p{re}misses the rather for that yowr Orator hath noe ordinarie remedy to releive hymselfe But also to stand to such order and direcc{i}on as shall seeme to agree w{i}th Right equitie and good Conscience and your said Orator shall dayly praye to allmightie god to p{re}serue and keepe yowr Honorable Lordshippe

PRO C2/ELIZ/C7/30/2

Iur 17 Maij 1591 cor{am} Mat. Cant.

Thawnswere of Michaell Sand{es} Esquire defendent vnto the Bill of Complaynt of Anthony Cawdwell Complainant

The sayed defendent by p{ro}testac{i}on sayeth that the sayde Bill of Compleynte agaynste him into this moste honorable Courte exhibited is vntrewe vncerteyne & insuffycient in the lawe to be answered vnto neu{er}thelesse saueing vnto him thaduauntage of exception vnto the sayd Bill of Compleynt for the incerteyntye & insuffyciencye theirof at all tymes heerafter for answer thervnto & for declarac{i}on of the trewth, tuchinge soe muche of the matter of the sayd Bill of Compleynte as concernethe this defendente to awnswere vnto this defendente sayeth that where trewe it is that this defendente dyd buye the said mannor of Gipcracke al{ia}s Chipcracke from one Gregorye Wolmer, Bye force whearof this defendente was seised of the sayd mannour{es} & Land{es} thervnto belonging in his demesne as of fee But this defendent soe being their of seised at the instance suitt & Requeste of the sayd Compleynaunt did about the Twentith daye of Ianuarye in the eight & Twentith yere of the Raigne of the Queenes Ma{ies}tie [[that]] nowe ys by deede indented beareinge date the sayd daye & yere demise & lease the Scytte of the sayd Mannor howse called Gipcracke sett lyeing & being in the P{ar}ishe of Purley w{i}th[[in the]] Countie of Essex w{i}th all the Barnes Edifices & buylding{es} their vnto belonging and one Orchard theirvnto adioyning & all these peec{es} or p{ar}cell{es} of lande followinge (That is to saye[[) a]] litle peece or parcell [[of]] grounde one the Backesyde of the manno{ur} howse their conteyninge bye Estimac{i}on fower acres of grounde be yt more or lesse, one Close called or knowne by the name of Stable sand[?] me[[__ contayning]] by Estimac{i}on fower acres & a half twoe & thirtye p{er}ches be yt more or lesse, one peece or p{ar}cell of lande called & knowne bye the name of Hanniell Lawne contayneing by [[Estimac{i}on ___]] acres three Rood{es} fower p{er}ches be yt more or lesse, one peece of Parcell of lande called & knowne by the name of Pease feild conteyning by estimac{i}on fyueteene acres [[________]] be yt more or Lesse, one peece or p{ar}cell of pasture grounde caled or knowne by the name of Hether Burch Quarter conteyneing by Estimac{i}on fiue^\\teene// acres be [[it more or lesse, one peece or]] p{ar}cell of lande called Conyclapp conteyning by Estimac{i}on sixteene acres & a half seuen & Thirtie p{er}ches be yt more or lesse, one peece or p{ar}cell of [[Land conteyning]] by estimac{i}on fiue acres & a half seuen p{er}ches be yt more or lesse, one pasture crofte called Calues leaz meadowe conteyninge bye estimac{i}on three acres one Rodde & [[_____ be yt more]] or lesse, one peece or p{ar}cell of lande called Sparefeild conteyning by estimac{i}on nynteene acres three Rodes & a half be yt more or lesse, one peece or p{ar}cell of land called Br[[___ conteyning]] by estimac{i}on eleuen acres be yt more or lesse, one peece or p{ar}cell of lande called Thornes conteyning by estimac{i}on six acres bee yt more or lesse w{i}th the Spring thervnto s[[___________]] called Sparell Springe, one peece or p{ar}cell of fursye grounde leading downe the waye to Danbury conteyneing by estimac{i}on ten acres be yt more or lesse And one other peece or p{ar}cell of grounde being p{ar}te & p{ar}cell of the great ^\\Burche// Quarter adioyneing to the Thornes & the Spring worth one (long blank) South all which the before demised p{re}misses [[p{ar}te]] or p{ar}cell of the Mannor of Gipcracke ^\\& are// sett lyeing & being w{i}thin the p{ar}ishes of Purley Handfeild & Sandon or in [eu{er}y] \\some// of them w{i}thin the Countye of Essex and [than] \\nowe// in the tenure ^\\of the sayd Anthonye// Cowdwell or his assignes excepting & alwayes Reseruing vnto the sayd Michaell Sand{es} his heires & assignes all the Lord{es} Rente seruic{es} dutyes & Costomes belonging or app{ur}[[teyning]] vnto the sayd Manno{u}r of Gipcracke and all the Aple trees & fruitt trees that [are nowe] \\than weare// standing & groweing in the Before demysed orcharde [and them shall yerely p{re}st[[ ________]] during the tearme hereafter vnder wrytten] To haue hold and to farme occppye all and singular the before deised p{re}misses w{i}th all & singular thapp{ur}ten{au}nc{es} (Except before excepted) Vnto the sayd Anthony Cawdwell his executores & assignes from the feaste daye of S{ain}te Michaell Tharchangell laste paste befor the date of the^[se p{rese}nt{es}] \\sayd Indenture// vnto the full eande [=end] and tearme of two yeares and six yeares thence next & im{m}edyatlye followeing fullye to be Compleat & eanded [=ended], yealding and payeing theirfore yearlye during the tearme aforesayd vnto the sayed Michaell Sand{es} his heires and assinges for euerye of the foreletten p{re}misses fiue shilling{es} the Acre of good & lawfull moneye of Englande in the feast dayes of Thannunciac{i}on of our Ladye & S{ain}te Michaell Tharchangell by euen porciones to be payed at the Manno{u}r howse aforesayed. And yf itt [shall] \\should// hapen the yearlye rente afore sayed of fiue shilling{es} the Acre to be behinde & vnpayed in p{ar}te or in all after any of the feaste dayes aforesayed in w{hi}ch ytt ought to be payed bye [s]the space of six week{es} being then & their lawfullye asked and demaunded and not then payed [[that]] then and att all tyme and tymes after yt [shalbe] \\should be// lawfull to & for the sayed Michaell Sand{es} his heires & assignes to distrainte of & in the p{re}misses or any p{ar}te or p{ar}cell therof and the [[___]] distresses their soe hadd & taken to leade driue and carrye awaye & impounde the same & with him & them to deteyne & keepe vntill the sayed yearlye Rente of fiue shilling{es} an acre and eu{er}y p{ar}te & p{ar}cell their of be vnto him [&] ^\\or// them fullye satisffied contented & paied w{i}th tharrerag{es} and Charg{es} yf any bee by that meanes susteyned \\and very true it is that for the rent due// ^\\& vnpayed this defend{an}t hath co{m}menced suit at the Comon lawes agaynst the sayd Compleint [sic] as he this sayd defend{an}t thinketh he lawfullye maye doe// And the sayd Anthony Cawdwell doth Couenaunte & grante for him his heires executores administratores to and w{i}th the sayed Michaell Sand{es} his heires executores administrators & assignes by these p{re}sents that he the saide [[____]] Anthony Cawdwell his heires executors administrators and assignes the foresayed Manno{u}r howse with other the p{re}misses & thappurten{au}nc{es} shall well & suffycientlye repayer susteyne & maintyne his & their p{ro}p{er} Cost{es} & Charg{es} aswell agaynste wynde & water as in all other thing{es} as often as neede shall Require during the said tearme saueing that the sayed Michael Sandes his heires executors and assignes shall among the sayd tearme paye and discharge the workmens wages for and about the mending and Repayring of the Barne adioyeinge to the ^\\one// ende of the seyd mannor howse and the sayed Anthony Cawdwell shall alsoe yearlye during the sayed tearme suffycientlye maintayne and keepe all thenclosures of the forlett p{re}misses & soe shall leaue & yeald the foresayed Manno{u}r howse & other the p{re}misses suffycientlye Repayred susteyned mainteyned and kepte in thende of the sayed tearme / And this defendent further sayeth that the said Complaynant eu{er} sithence the sayed Lease made hath or might haue houlden & enioyed the sayed p{re}misses (for any thing knowne to this defendent) without anye lawfull euiction & their is no Cause in equitye (to this defendent{es} knowledge) wh[.]he should not paye the Rente Reserued. And this defendent further sayeth that yf the sayed Compleynt wear in anye sorte lawfullye euicted or of the sayed demised p{re}misses or any p{ar}te theirof that such eiuction is A good ple att the Common lawe, and theirfore [theirfore their] \\ther// is no Reasone whie the sayed Compleynant shuld vex and with malicious & vniuste suytt troble this defendent in this honorable Courte whearas he maye be by the Course of the Common lawes ayded. And this defendent further sayeth that he verelye Thinketh that yf any such extent{es} and executiones be sued as in the sayed Bill of Compleynte is surmysed, that the same is by the playntifes owne Confederacye with the sayed Stile and others of purpose without anye iuste or Resonable Cause, to make theirby Colo{u}r or shewe of Equitye to ^\\detaine &// w{i}th hold from this sayd defendente his iuste and dewe debte, for this defendent sayeth that the sayde Complaynant (as this defendent hath harde) hath geuen intertaynment at his howse diuers and seu{er}all tymes both to the sayed Stile Chelsham and others which in the sayed Bill of Compleynte are menc{i}oned to haue extended Recognizaunc{es} vppon the sayed land{es}. In Respect whearof this defendent is induced to think and beleeue that the sayde Compleynant is Confederate with the [[saide?]] extendinge of the sayde recognizaunc{es} (yf any such extente be) to defraude this defendent of his dewe dett, or att leaste to delaye payemente theirof. In Respecte wherof, and in respecte that this defendent doth not Charge the sayed Compleynaunt with anye penaltye, but with dewe dett vppon the sayed Lease and in Respecte that yf the land{es} leased or any p{ar}te therof be euicted from the Compleynaunt since the making of the sayd Lease that the sayed Compleynaunt maye haue [aduaunteg] \\aduantadge// their of bye waye of Ple at the common lawe therfore this defendent hopeth that this Courte will dismisse the sayed Cause to the Common Lawes, and not Reteyne the same in this honorable Courte and stayd the course of the Common lawe in such A case whearin the sayed Compleynaunt maye by pleading be as farr ayded in Equitye and Right as by the Course of this honorable Courte he can bee With that that the sayed Scite of the sayed Mannour or any other the sayed demised p{re}misses weare or ^\\are// lawfullye extended or deliu{er}ed by extente) vnto the said Chelsham or any other to this defendent{es} knoweledge or that the sayed Compleynaunte is in any sorte lawfully euicted out of the sayd demissed p{re}misses or any p{ar}te or p{ar}cell theirof And without that that anye other matter or thinge in the sayed Bill of Compleynte conteyned matteryall or effectuall for this defendent to awnswere vnto and not before in this present awnswere suffycientlye confessed & auoyded trauersed or denyed is to this sayed defendent{es} knoweledge trewe all which matters this sayed defendent is Redye to auerre And prooue as this honorable Courte shall awarde and prayeth to be dismissed with his Resonable Cost{es} & Charges in this vniuste suitt most wrongfully susteyned

PRO C2/ELIZ/C7/30/3

The Replicac{i}on of Anthony Caldwell Compl{ainant} to the vntrew Answere of Nicholas Saundes Deffendaunte

The said Compl{ainant} by waie of p{ro}testac{i}on saiethe that the said answere is [trewe] vncerteyne and Insufficiente in lawe for divers apparaunte Causes in the same sett forthe And for som shewe of Cause the said Compl{ainant} saiethe that for asmuche as [..] ^\\in// the saide Bill of Compl{ain}t is alledged that divers Recognizaunc{es} and statut{es} of the Staple or M{er}chaunt hathe byn executed And by that occac{i}on the said Compl{ainant} put forthe and expulsed the possesion of the said p{re}misses And theirbie the said Compl{ainant} by Course and order of the Common lawes to be abated of his Rente and also ought not to be charged w{i}th the whole Rente nor to be vexed or vniustly molested And ffurther the said Compl{ainant} for Replicac{i}on saiethe that his said Bill of Compl{ain}t is trewe Iuste And Certeyne And theirfore sufficiente in lawe to be answered vnto in suche forme as he hathe expressed Withoute that that the said deffendaunte did amongeste other the demysed p{re}misses the said Close called Bromefeilde conteyneinge abowte five acres as vntrewlie is alledged And w{i}thout that that the said deffendaunt did demise to the said Compl{ainant} the said Close called Bromfeild Conteyneinge by estimac{i}on eleven acres more or les as vntrewlie in the said Answere is lykewise alledged And w{i}thout that that the said Compl{ainant} euer sithence hathe or Coulde quyetly occupie or Inioye the p{re}misses menc{i}oned in the said Bill for the Causes in the said Bill ## menc{i}oned or that the said execuc{i}on in the said Bill menc{i}oned & Conteyned by vertue of the said extente hathe byn done by any practise or Covyn of the said Compl{ainant} But muche againste the will of hym the said Compl{ainant} as moste vntrewlie is alledged And w{i}thout that that any other matter article or allegac{i}on sentence or surmise in the said answere conteyned And not before sufficiently confessed and avoyded traversed or not denyed is trew all w{hi}ch matters the said Compl{ainant} is Reddie to auerre & p{ro}ve as this Coorte shall awarde

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