Christopher Marshall, esq., executor of William Marshall, vs. Thomas Skinner and Nicholas Myn; to quiet possession under a lease.

PRO C2/Eliz/M5/14 (10 November 1590)

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PRO summary: The castle of Campes, with the lands thereto belonging, being the demesnes of the manor of Campes, the inheritance of Edward de Vere earl of Oxford, and by him demised to Henry Goldinge and John Turner, and by them assigned to William Marshall the testator; the reversion of which premises being afterwards demised into the Queen's hands, under an extent, became vested in the defendants.

PRO C2/ELIZ/M5/14 (complaint only)

Decimu{m} Novembr{is} 1590

To the Right honorable S{i}r Christopher Hatton of the moste noble order of the Garter Knight Lord Chancello{ur} of England

Moste humbly Complayninge Sheweth vnto yo{ur} hono{ur}able Lordship yo{ur} dayly Orato{ur} Christopher Marshall of Blewlery in the County of Bark' Esquier executor of the last will & testament of William Marshall Esquier deceased, That whereas the Right hono{ur}able Edward de Veare Earle of Oxford was lawfully seysed in the demesne as of fee or fee tayle of and in all that Castell of Campes w{i}th all houses edyfic{es} & buylding{es} to the same belonginge and of all the land{es} meddowes feeding{es} pastures & Sheepc{ro}sses beinge the demesne of the Mano{ur} of Campes in the County of Cambridge and to the same Castell app{er}taynynge, And also of and in the p{ar}k{es} there called Campes P{ar}k{es} and haverell end and of one p{ar}cell of pasture called Charlewood lyinge in the said county of Cambridge, and soe beinge seysed the twentith day of November in the fourtenth yere of her Majesty{es} Raign that now is [=1571] by his Indenture dated the same yere and day for & in Consyderac{i}on of the som{m}e of fyftene hu{n}dred pound{es} payd or shortly after to be payed vnto the said Earle for & in the name of a ffyne or income, did demyse and to ferme did lett vnto one Henry Goldinge esquier and Iohn Turno{ur} gent{leman} all that the said Castell parkes and demesne of the said Mano{ur} (except the Copyhold & Customary land{es} and also except as in the same lease redie to be shewed furth whervnto relat{i}on be hadd is excepted) to him to hold the said Castell and p{re}mysses soe demysed w{i}th thapp{ur}ten{au}nces vnto the saide Henry Goldinge and Iohn Turno{ur} their executo{ur}s and assignes from the feaste of St Michael tharchangell laste paste before the date of that Indenture vnto the full end & determynac{i}on of one & twenty yeres then next ensuinge and fully to be compleate & ended at and for the yerely Rent of one hundred twenty six pound{es} sixe shillinges and eight pence, at the feast{es} of thannunciac{i}on of ou{r} Ladie and of St Mighell tharch{ang}ell to be payd by eqwall porc{i}ons w{i}th and vpon this Condic{i}on that yf yt should fortune the same yerely Rent or any p{ar}te thereof to be behynd vnpaid by the space of two whole monethes next after eith{er} of the saide feast{es} or termes in the yere, That then and from thensforth hit should & might be lawfull to and for the said Earle his heires & assignes into the said p{re}mysses before demysed reentre & the same to haue agayn & repossesse as in his former Estate Any thinge in the said Inenture contayned to the contrary thereof in any wise not w{i}thstanding, by vertue of w{hi}ch demyse they the same Henry Golding & Iohn Turno{ur} in the said Castell & demesnes before letten entered & were thereof Lawfully possessed for the term aforesaid, The Reu{er}c{i}on [[e]]ver vnto the said Earle & to his heires app{er}tayninge, and they the said Henry and Iohn soe beinge possessed did aboute twelve yeres now paste for & in Considerac{i}on of a great som{m}e of money vnto them paid by yo{ur} said Orato{ures} testato{ur} William Marshall did by their sufficient wrytinge assigne graunt & sett over vnto the said Willm M{ar}shall, all the said Castell p{ar}k{es} & demesnes & premyses before letten w{i}th thapp{ur}tenances & all their right Intereste estate & terme of yeres then to come & vnexpired of in and to the same, by vertue whereof the same Will{ia}m Marshall into the said Castell & premisses entered & was thereof lawfully possessed accordingly The reverc{i}on fee symple & Inherit{au}nce of w{hi}ch p{re}mysses soe demysed are by lawfull conveyance long sythens vested & doe belonge to one Thomas Skynner Cyttesyn and Alderman of London of an estate to him and his heires for ever And he the said William Marshall soe being of the premysses possessed as is aforesaide, did demyse & lett the said Castell P{ar}k{es} & demesnes by seu{er}all leases vnto & amonge sondry oth{er} vnderten{au}nt{es} and fearmo{ur}s for c{er}tayn yeres yet enduringe wherevpon there was res{er}ued vnto the said Will{ia}m Marshall his executo{ur}s & assignes sondry seu{er}all yerely Rent{es} amountinge in the whole to the som{m}e of f[[o]]wrtene score pound{es} p{er} A{nnum} payable half yerely at the feast{es} above exp{re}ssed by force of w{hi}ch petty leases the saide fearmo{ur}s ten{aun}t{es} were thereof possessed accordingly And soe possessed the said Will{ia}m Marshall the testato{ur} havinge noe Children of his body & havinge dyu{er}se & many poore kynffolke & frend{es} in the Com{ite} of Lancaster did about{es} aleven yeres paste declare & make his last will and testament in writinge & thereby did beqweath & devise to and amonge many of his said kynffolk & freind{es} sondry seu{er}all an{n}uyties as ther legacies in money to be answered out of the p{ro}fitt{es} of the said lease & of the said will appoynted yo{ur} Orato{ur} to be executo{ur} and shortly after died of the saide terme and Intereste possessed, By and after whose death yo{ur} said orato{ur} vpon hope [[of a]] qwyet havinge and enioyinge of the Rent{es} & p{ro}fitt{es} of the said lease duringe the Residue of the yeres to come & vnexpyred of the same taking vpon him the burthen Care & Charge of the testam{en}t aforesaid and of the answering of the dett{es} & legazies of the said testato{ur} did accordinge to the lawes Ecclesiascicall make p{ro}bate of the said laste will & testam{en}t and was of the same lease interest and termes thereof lawfully seysed & possessed accordingly and soe contynuewed possessed vntyll nowe of last that is to saie about{es} the moneth of Auguste laste paste, That by vertue of her Ma{ies}t{ies} wryt of extent awarded out of her highnes Court of Wards and Lyveries for and vpon a c{er}tayne dett remaynynge there due vnto her Ma{ies}tie vpon the said Earle of Oxford conc{er}ninge w{hi}ch dett c{er}tayn seu{er}all oblygac{i}ons weare & are in that co{u}rt remayninge amounting to the somme of one thousand and fyve hundred pound{es} wherebie the said Earle the firste daie of Iuly in the thirtenth yere of her Ma{ies}t{ies} Raigne before the makinge of the said lease became bound vnto her Ma{ies}tie in the said co{u}rte of Wards the said mano{ur} of Campes w{i}th thappurten{au}nces (whereof the premysses above demysed are & haue ben allwaies p{ar}cell) weare seysed into her Ma{ies}t{ies} hand{es} and extended at the yerely value of one hundred pound{es} as by thextent thereof reto{ur}ned into the said courte of Ward{es} there Remayninge of record more playnly & at large doth & may app{er}e By meanes & vertue of w{hi}ch extent & of other p{ro}c{es} there vpon awarded out of the said court one [=on] her Ma{ies}t{ies} behalf yo{ur} said orato{ur} and all the fearmo{ur}s occupiers & vnderten{au}nants thereof were evicted & dispossessed of the said Castell Pk{es} & demeanes before demysed And the same Mano{ur} (whereof the p{re}mysses before demysed were & are p{ar}cell) was by her Ma{ies}tie by Iudgement vnder the seale of the said courte dated the (blank) daie of August the two and thirtieth yere of her Ma{ies}t{ies} Raigned demysed over vnto one Nicolas Myn amonge oth{er} thing{es}, To haue & to enioye for & duringe soe longe tyme as the same should remayn in her Ma{ies}t{ies} hand{es} by force & vertue of the said extent Res{er}vinge vnto her highnes a c{er}tain yerely Rent there expressed after the making of w{hi}ch lease he the said Nicolas Myn was by sp{ec}yall wrytt awarded out of the said court of Ward{es} and Lyveries Stalled & establysshed in qwyet possession of the same Mano{ur}, and by himself & his vndertenant{es} had & heeld the qwiet possession & p{ro}fitt{es} & occupac{i}on of the said Castell demesne & p{ar}k{es} aforesaid And not therew{i}th contented but hath also by colo{ur} of that extent levied p{er}ceaved & hadd the whole half yeres rent ended at Michellmas laste paste of & from yo{ur} orato{ur}s ten{au}nt{es} and w{hi}ch in equitie were payable vnto yo{ur} orato{ur} and accordingly the whole to the sum of eight hundred pound{es} at the leaste; and now soe yt is right hono{ur}able lord that the said Nicolas Myn and Thomas Skyner havinge pryvately of late sythens August laste entered into some confederacie & compact betwen them selfes tendinge to noe other effect (as it semithe) But vtterly to frusterate adnihillate & make voyd yo{ur} orato{ur}s said lease of and to the p{re}mysses above letten by the said Earle of Oxford, And for the better furtheringe of the same their purpose & determynac{i}on in that behalfe They the same Thomas Skynner and Nycholas Myn doe go about and haue secreatly concluded amonge themself{es} by som{m}e pryve meanes to make voyd the said extent or ell{es} soe to compound w{i}th her Ma{ies}tie for the said dett due to her highnes as that the said extent & tytle of her Ma{ies}tie lessee depending therevpon shalbe vnawares to yo{ur} orato{ur} Cleerly determyned & expired, by meanes whereof the said Tho{mas} Skyn{er} & Nycolas Myn doe hope & assure them self{es} that the said rent Res{er}ued vpon the said origynall lease for the half yere ended at Michellmas last past & w{hi}ch (yf the said extent had not ben) was in truth and right payable vnto the said Thomas Skyn{er} muste & ought of necessitie to be paid & answered w{i}thin two monethes next aft{er} the said feaste ^\\of St Michell// vnto the said Thomas Skyn{er} vpon payn of the p{re}sent losse & forfeiture of the said Origynal Lease, according to w{hi}ch their secreat and Covynous plott & Invenc{i}on the same Tho{mas} Skyner notw{i}thstandinge that he well knoweth howe deeply yo{ur} orato{ur} & his vnder ten{au}nt{es} have ben p{re}iudiced & dam{m}nyfied by reason of the said extent & howe much the said Nicolas Myn hath levied by reson thereof of such rent{es} due at Michellmas laste as were in right payable vnto yo{ur} orato{ur} by his said vnderten{au}nt{es} w{hi}ch by colo{ur}of thextent af{o}rerecyted the said Nycolas Myn hath allredy receaved & gotten into his own possession, yet he the same Thomas geveth out in expresse & overt speeches that he will drive yo{ur} orato{ur} eftsones to answer vnto him the said half yeres Rent at Michellmas laste; beinge three score three pound{es} three shilling{es} & fowrpence affirmynge & threatenynge in playn woo{ur}d{es} that yf the said 63li-3s-4d be not vnto him payd at thend of the said two monthes according to the condic{i}on of the said origynall lease that then he the same Thomas Skyn{er} will take avantage of the forfeture thereof and make his reentry into the saide Castell p{ar}k{es} &p{re}mysses for nonpayment of the same Rent by reson of the said condic{i}on, And albeit yo{ur} said orato{ur} would haue ben most willing & redy to haue paid the same half yeres rent, yf in case the said evicc{i}on had not happened) in auguste laste before the Rent daie cam{m}e, And In case her Ma{ies}tie had not gayned the possession & p{ro}fitt{es} of the same by tytle of the saide extent, w{hi}ch shee yet enioyeth, and rather than he yo{ur} said orato{ur} would Incurre the losse & forfeture of his said lease; he the same yo{ur} orato{ur} would (yf yo{ur} Lo{rdship} should thinck hit soe convenyent) delyu{er} into this hono{ur}able cout for safegard of his lease the said half yeres Rent there to remayn to the vse of the said Thomas Skyner yf his tytle should s{er}ve for him to demand the same, Yet he the said Thomas Skyn{er} (for what cause yo{ur} orato{ur} knoweth not) vtterly refuseth to allowe of the said extent or of the lease made of the same and affirmeth the same extent & lease to be voyd & of no force, and that he wilbe paid his rent notw{i}thstandinge the same extent whereby yo{ur} orato{ur} havinge allredie loste his whole half yeres rent{es} amountinge to a hundred fyve & thirty pound{es} due vnto him at Michael{m}as by his said vnderten{au}nt{es} & occupiers of the p{re}mysses shall now be forced eftsones to be discharged and to pay his rent due at Michellmas laste vnto the said Thomas Skyn{er} or ell{es} to hazard and endanger his entyer lease & terme therein yet to com{m}e to the great hurt losse & vndoinge of sundry the poore kynsfolk & frend{es} of the said testato{ur} and in retardinge of the execuc{i}on of the said last will and contrary to all right eqwyte & conscyens In tender Conscyderac{i}on whereof & for that yo{ur} Orato{ur}s lease & estate af{o}resaid is p{re}udicionall & subiect to the Reentry of the said Tho{mas} Skyn{er} for nonpaym{en}t of the said halfe yeres rent & for that yt is doubtful vnto yo{ur} Orato{ur} beinge but an extent to the saide assignee or the said oryginall lessees howe the state of the said dett & of thextent & of the whole p{ro}ceedinge therevpon doe stand & whither the same be voyd or voydable or ell{es} whither the same be erronyous or noe and howe soone the same extent maybe discharged disanulled or det{er}myned or when her Ma{ies}t{ies} hand{es} & possession therein shalbe Ovsted [=ousted] & Removed & sp{ec}yally whith{er} the same extent be nowe in esse & in beinge & so shall contynewe vntyll thend of the two monethes next aft{e}r the feaste of St Michell tharch{ang}ell now laste paste or by what secreat practize or Cawtelous devise hit may be brought to passe that the said half yeres rent is & shalbe payable by yo{ur} orato{ur} at his p{er}ill, all w{hi}ch contingent{es} and casualties may to{ur}ne to yo{ur} orato{ur}s great danger & p{er}ill of of [dittography] his forfeture of his said orygynall lease: Yf by yo{ur} hono{ur}able Meanes the same be not in eqwytie redressed & sett vpright And for that the very truth of the p{re}mysses is to be sifted fu{r}th{er} by the seu{er}all oathes of the said Tho{mas} Skyner and Nycolas Myn, and for that hit is geven forth by the said Thomas Skyn{er} and Nycolas Myn{n}e that the said extent is voyd & cannot excuse yo{ur} orato{ur} of the paym{en}t of his rent due vpon the lease; And for that it is to be feared that her Ma{ies}t{ies} tytle may be determyned or ended before yo{ur} orato{ur} shalbe holpen & relieved in the case aforesaid and thereby yo{ur} orato{ur} lefte vtterly destytute of all relyeff & remedie yf by yo{ur} hon{our}able Lo{rdship} in eqwitie he be not fynally holpen & p{ro}tected May hit therefore please yo{ur} hon{our}s for the safegard of yo{ur} orato{ur}s Interest thus sought to be overthrown to grant her Ma{ies}t{ies} most [gratious] gratious Wrytt of sub pena vnto the said Thomas Skyn{er} & Nycolas Myn to be dyrected Comanding them at a day & vnder a payn therein to be lymytted p{er}sonally to app{er}e before yo{ur} hono{ur}able Lordship in the highe court of Chancery at Westm{inster} then & there to answere to the p{re}mysses & to stand to such order & dyrecc{i}on therin as to yo{ur} hono{ur} in eqwytie shall be thought fytt & convenyent, And that yo{ur} orato{ur} by yo{ur} hono{ur}s orde{r} may be sp{ec}yally discharged toward{es} the same Thomas Skyn{er} for the said last half yeres by him now claymed for the half yere ended at Mychellmas last w{hi}ch hath ben in truth answered w{i}th a large s{ur}plusage vnto the said Myn her Ma{ies}t{ies} lessee of the said extent. And that the said Thomas Skyn{er} also be p{ro}hibyted to make any demands for the said half yeres rent or of any other rent of the p{re}mysses thereafter to be Incurred during the Contynewance of her Ma{ies}t{ies} possession ^\\of the p{re}mysses by reson or colo{ur} of the same extent// vntyll yo{ur} hono{ur} doe take further order therin And yo{ur} Orato{ur} shall dayly pray to God for yo{ur} Lordship a long Lief & health w{i}th much encrease of hono{ur}

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