John Pannell vs. Richard Tyler alias Allfounder.

PRO C2/ELIZ/P14/11: 12 February 1585

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1) Certificate
2) Complaint (Chancery hand)
3) Answer
4) Complaint
5) Replication

PRO summary: Certian copyhold lands in Tillbury and Esse alias Ashe, holden by defendant of the Earl of Oxford, as of his manor of _________, which, with the wood thereon, defendant agreed to sell to plaintiff. In answer these lands are said to be holden of the manor of Tilbury next Clare and Nortost in Tilbury, or one of them.

PRO C2/ELIZ/P14/11/4 (Complaint) (italic text filled in from copy in Chancery hand)

[[....]] xij die ffebruarij 1584 [=1585]

To the Right honorable S{i}r Thomas Bromly Knight Lord Chauncello{u}r of Englande./

In most humble wise complaininge sheweth vnto yo{u}r honorable Lordshippe yo{u}r daily Orato{u}r Iohn Pannell of Hempsted w{i}thin the County of Essex

yeoman that wheras yo{u}r said Orato{u}r about fower yeares now last past became bounden vnto one Richard Tiler al{ia}s Allefounder in one obligac{i}on

or wrightinge obligatory in the some of fforty pound{es} and afterward{es} ther passed some speach and communicac{i}on betwixt yo{u}r said Orato{u}r and

the said Richard Tiler for and about the purchase of certaine Copihould and custom{ar}ie land{es} and ten{emen}t{es} called Cloppetons & Nortoppes

scituate and beinge in Tilburye and Esse al{ia}s Ashe w{i}thin the said County of Essex w{hi}ch the said Richard did then [purchase] hould to him and

his heires of the Right honorable Edward now Earle of Oxen' as of his manno{u}r of (blank) and also about the purchasinge of certaine

trees wood{es} and vnderwood{es} growinge vppon the said Custom{ar}ie p{re}misses w{hi}ch the saide Richard Tiler had lately bought of the said Earle

and for the better havinge fellinge and enioienge therof had a warrante made to him the said Richard Tyler from the said Earle

testified and [as]signed w{i}th the hande and seale of the said Earle and after much speach and communicac{i}on had therof in thende

[the] \\yo{u}r// said [complainant] \\orator for a certen som of monye & other considerac{i}o{n}s payde & yelded by yo{u}r said orator// agreed w{i}th the said Richard Tiler for the same and absolutely bargained and contracted w{i}th the said Richard Tiler

aswell for his estate in the said p{re}misses and also for the interest in the said [p{re}misses in the said] trees wood{es} and vnderwood{es} graunted

vnto him ^\\the said Richerd// by the said Earle as is aforesaid and then also agreed that the same bargaine should be couched and sett downe in a paire

of Indentures to be made betwixt the said Tiler and yo{u}r said Orato{u}r ^\\And yo{u}r said orator// to be become bounden to the said Richard Tiler in one other

obligac{i}on or wrightinge obligatory of two hundred m{ar}kes to be indorced w{i}th Condic{i}on for the p{er}formance of the Coven{au}nts articles

and agreem{en}t{es} of the said Indent{ure} And yt was then also further agreed betwixt yo{u}r said Orato{u}r and the said Richard Tyler that

[[th]]e said obl[[ig]]ac{i}on or writinge ^\\obligatorye [of fforty]// of fforty pound{es} vppon the sealinge of the said obligac{i}on of two hundred m{ar}kes should be deliu{er}ed

[[vnto]] yo{u}r Orato{u}r to be Cancelled and not to be then any longer in force and also that the said Richard should deliver vnto yo{u}r

[[said Orator v]]ppon thensealinge of the said obligac{i}on of two hundred m{ar}kes the said warrante made by the said Earle as is aforesaid

[[and yo{u}r said O]]rato{u}r beinge a simple man and expectinge nothinge but plaine and honest dealing{es} did not call any p{er}sons to witnes

[[the same bar]]gaine and agreem{en}t{es} had and made in fforme aforesaide And afterward{es} that is to weete about the five and twenteth

[[year of th]]e Raigne of o{u}r [Said] soveraigne Lady Queene Elizabeth the said Richard Tiler sealed [sealed] thone p{ar}te of the saide

[[Indenture and]] yo{u}r said Orato{u}r sealed thother p{ar}te therof and the said obligac{i}on of two hundred m{ar}kes accordinge to the said agrem{en}te

[[by the true ^\\mea]]ninge of w{hi}ch indenture yo{u}r said orator & his heyres ought from thensforth for to have hold & inioye the said Customarie lands against the said Richard and his heires.//

[[But soe yt is r]]ight honorable that the said Tyler mindinge nothinge lesse then the trewe p{er}formance of the said p{re}misses and takinge

[[advantage of the]] simplicity^\\e// of the plaine and honest meaninge of yo{u}r said Orator and havinge ^\\by casuall meanes// gotten into his hand{es} the counterpane

[[of the said indentu]]re not onely refuseth to make the delivery of the said obligac{i}on of fforty pound{es} but also denieth that the said bargaine

[[and sale had and]] made for the said land{es} and custom{ar}ie p{re}misses as is aforesaid and now contrary to all equity claimeth the same

[[contrary to his]] owne graunte and hath commensed diverse vniust suit{es} against the ffearmors of the said p{re}misses inhibitinge

[[them not to pay]] an[[y re]]nt{es} vnto yo{u}r said Orators for the same and besides refuseth to make deliu{er}ie of the said warrante made by

[[the said Earle for the]] fellinge of the said trees wood{es} and vnderwood{es} as is aforeaid All w{hi}ch matters rest now in the notice

[[and knowledg of him the]] said Richard Tiler And w{hi}ch yo{u}r Orator hopeth he will confesse vppon his oth In considerac{i}on

[[wherof and forasmuch]] as yo{u}r said Orato{u}r hath not any wrightinge sealed to witnesse the same agreem{en}te and promise made for the

[[delivery of the said ob]]ligac{i}on of fforty pound{es} and therfore cannot pleade the same in barre of any acc{i}on to be commensed at

[[the common lawe vppon]] the same obligac{i}on And also forasmuch as yo{u}r said Orato{u}r knoweth not the certaine date of the said

[[indenture and therfore]] hath not any Remedy at the common lawe for the recou{er}ie therof And also forasmuch as yo{u}r said Orat[[our]]

[[cannot iustifie the fell]]ing of the said trees wood{es} and vnderwood{es} w{i}thout the said warrante or some other proofe to wit[[nes]]

[[the same for want whe]]rof yo{u}r said Orato{u}r [must] ^\\must eyther lose the benefitt of the said wood{es} & vnderwood{es} or els// hazard the forfeiture of the said custom{ar}ie p{re}misses for wante of suff[[icient profe to]]

[[avouch the said]] warrante w{hi}ch is nowe onely knowne to the said Richard Tiler All w{hi}ch matters yo{u}r said Orato{u}r ho[[peth the said]]

[[Richard Tyler]] will declare vppon his othe May yt therfore please yo{u}r good Lordshippe ^\\the p{re}misses considered// to graunte the Queene[[s]]

[[Maiesties most gracious wri]]tt of Subpena to be directed to the said Richard Tyler ^\\al{ia}s Alefounder// commaundinge him therby at a certaine

[[place and]] time therin by yo{u}r good Lordshippe to be limited and appointed p{er}sonally to appeare [[before]]

[[the said]] Queenes Ma{ies}ties high court of Chauncery then and ther to [as] answere to the p{re}misses [[and to]]

[[direct]] further order and direcc{i}on therin as to yo{u}r good Lordshippe shall seeme to stand [[with equity]]

[[And your Lord]]shippes said Orato{u}r shall and will accordinge to his bounden duety p[[ray for]]

[[much]] hono{u}r longe to continewe

PRO C2/ELIZ/P14/11/3

The Aunswere of Richard Tyler al{ia}s Alefounder defend{au}nt to the Bill of Compl{ain}t of Iohn Pennell Complayn{au}nt

The sayde Def{endan}t saveinge vnto himselffe Thadvau{n}tage of the insufficiencye of the saide Bill of Complaynt and of the incertentye of the same

w{hi}che the Compl{ainan}t hathe exhibited into this honorable Courte ageinst the Def{endan}t of meere malice wrongfullye to putt the same Def{endan}t being a verie aged and

impotent man to vniust vexac{i}on and chardges in Lawe without anye iuste cause soe to doe, ffor Aunswere vnto the same And plaine declarac{i}on of

the truthe he saithe that true it is that he this Def{endan}t abowte twoo yeeres laste paste was seased in his demesne as of fee accordinge to the Custome of

the Mannors of Tylbery nexte Clare in the Cowntie of Essex and Nortoft{es} in Tylbury or one of theim the saide Customarye and Copyhold Landes

and Ten{emen}t{es} in the saide Bill mentioned called Cloptons and Northoft{es} al{ia}s Nortoppes And the saide Def{endan}t being soe seazed of the p{re}misses And haveinge

noe issue of his bodie to leave the same vnto: And being growen into verye ould yeeres that is to saye fower skoore and Tenn yeares or thereaboutes

And therefore neere his ende by com{m}on intendment And deprived of his sense of heareinge and soe vnfitt to deale in worldly matters, And haveinge

an aged wyffe also as vnfitt as himselfe, thought to p{ro}vide some waye w{hi}ch mighte be for bothe their quiett{es} And whereby he mighte advaunce some suche frend

of his as he conceyved good opinion of to be an honest man and such a one as woulde be thankefull for suche benifitt as he mente to bestowe vpon him And

therevpon determined to dep{ar}te w{i}th the same Landes and Ten{emen}t{es} p{re}sently res{er}veing onely a certen Annuitie for terme of his owne lyffe And some smale yeerely

rente to his saide wife during her life yf she chaunced to overlive him And soe he this Def{endan}t made choyse of the Compl{ainan}t whoe was somewhat allyed

vnto him. And had behaved himselffe verie freindlie and honestlye toward{es} this Def{endan}t ever before as farr as he coulde p{er}ceive. And therevpon entered

into Com{m}unicac{i}on withe the saide Compl{ainan}t And toulde him what he had Determined in this behalfe whoe semed to be verie thankefull at that time for the

same And vpon the saide com{m}uncacion It was concluded that the saide Compl{ainan}t shoulde p{re}sentlye have all the same Landes and Ten{emen}t{es} to him & to his heires

payeing to the Def{endan}t yeerely during his naturall lyffe xxli whiche was noe more then the same Landes and Ten{emen}t{es} are worthe to be lett by the yeere

[[at]] this p{re}sent And after the Deathe of the saide Def{endan}t to paye vnto the wife of the same Def{endan}t yeerely Duringe her naturall lyfe five powndes

[[and th]]erevpon Indentures weere made conc{er}neing this matter conteineing diu{er}s coven{au}nts on the p{ar}te of the Compl{ainan}t to be p{er}formed as he thinketh

[[fitt whi]]che p{er}formance of the same Coven{au}nt{es} the saide bonde or wrightinge Obligatorie of ffourtie powndes was made besides the saide other

[[_________]] hundreth powndes made withe like Condic{i}on bothe whiche bondes [[he]] this Def{endan}t hathe and Dothe keepe for his safetye as

[[lawfull is for]] him to doe And the saide Defend{au}nt further saithe that he bought of Israell Amyce Esquire Surveyor vnto the saide righte

[[honorable Edw]]ard Erle of Oxenford certen trees woode and vnderwoode groweing vpon the saide Custumarye Landes and Ten{emen}t{es} about

[[_______]]s, to his owne p{ro}per vse And for the better haveing fellinge and enioyeing thereof had a warrant made vnto him signed w{i}th

[[_____saide]] Israell whiche warrant he also hathe and keepeth as lawfull is for him to doe for that to his remembrance he never yett

[[______]] to the Compl{ainan}t or to any other But like it is that he this Def{endan}t woulde never have taken of any of the saide trees woode

[[and vnderwoode durin]]ge his life without greate and vrgent necessitie but lefte the same to the saide Compl{ainan}t yf he had not geven

[[_____]]nce to this Def{endan}t diu{er}s and sundrie waies after this Def{endan}t had assuered vnto him the saide Landes And behaved him

[[self _____ or decei]]tefullye towardes him in sundrye respect{es} w{hi}ch hathe Caused this Def{endan}t often times to repent him of that he hathe

[[_______]]uncement of the saide Compl{ainan}t without that that there was ever anye Com{m}unication betwene the saide Complayn{a}unte

[[____]] the [[cut]]tinge of c{er}taine trees, woodes, and vnderwoodes groweing vpon the saide Customarye p{re}mises ^\\But onlie ffor ffower schore [=score] Trees// Or

[[___ any co]]ntract made betwene them for any considerac{i}on for the int{er}est of the Def{endan}t in the saide trees

[[as in the]] saide Bill is falselye surmyzed ^\\except as afforesaid// And without that that it was agreed betwene them that the saide Def{endan}t

[[_____ you]]r Orator vpon the insealing of the said Obligac{i}on of twoo hundreth powndes the saide Obligac{i}on of

[[_______]] or the saide warrant made by the saide Israell Amyce, Or that there was anye other warrante

[[_____ by the]] saide Def{endan}t then by the saide Israell, as in the saide bill is falselye suggested And without that the

[[_____Inde]]nture is by casuall meanes come to the handes of the saide Def{endan}t as the saide Compl{ainan}t hathe likewise

[[_________]] alledged And w{i}thout that that any other matter or thinge in the saide bill mentioned materiall to

[[_________]] not sufficientlye aunswered confessed and avoyded traversed or Denyed is true All whiche

[[____ a]]ver and prove as this honorable Courte shall award And therefore prayeth to be dismissed with

[[all his charges]] in [[this]] behalfe wrongfullye susteined And for the name of his Attorney we knowe not./

PRO C2/ELIZ/P14/11/5

The replycac{i}on of Iohn Pannell Compl{ainan}t to the answere of Rycharde Tyler al{ia}s Alefound{er} Def{endan}te

The saide Compl{ainan}t saythe as hee before in his saide byll of Compl{ain}t hath sayde and ffor replycac{i}on to the said answere doth aver and mayntayne his sayde byll of Compl{ain}t and all and eu{er}ye the matters thinge sentence and allegac{i}on therin Contayned to be Certen and true in suche mann{er} and fforme as in and by the same byll of Compl{ain}t they byn allredye moste trulye sett fforthe and declared w{i}th that also that the saide obligac{i}on of ffortye pound{es} oughte to have byn delyu{er}ed longe sythence to have byn Cancelled in suche mann{er} and forme as in and by the same byll of Compl{ain}t is alledged w{i}thowte that that the saide land{es} and Ten{emen}t{es} are of anye suche yearelye value as by the saide answere is p{re}tended and w{i}thowte that that the saide Compl{ainan}t hath shewed him sellffe vngratefull tow[[ar]]d{es} the saide def{endan}te as by the saide answere is p{re}tended or hath geven the def{endan}te anye Cause to repente him of anye Curtesye shewed to the saide Compl{ainan}t and w{i}thowte that that the saide def{endan}te did onelye [seale] \\Sell// vnto this Compl{ainan}t but ffowrscore trees ffor in truth the saide Compl{ainan}t shoulde have the same bargaine of him the saide def{endan}te w{hi}ch the saide def{endan}te had ffrom the saide Earle and fforasmuche as the saide def{endan}te Confesseth the havinge of the saide obligac{i}on of ffortye pound{es} and the saide lycence made ffrom the saide Earle as is aforesaide both w{hi}ch nowe app{er}tayne and belonge to the saide Compl{ainan}t this Compl{ainan}t moste humblye prayeth \\that// he maye be Inioyned to make delyu{er}ye therof vnto this Compl{ainan}t and w{i}th owte that that anye other matter or thinge Contayned in the saide answere materyall to be

[[answered]] vnto and herein not suffycyentlye Confessed and avoyded trau{er}sed or denyed is

[[______All]] w{hi}ch matters the saide Compl{ainan}t is redye to aver and p{ro}ve as this honorable

[[Court shall]] awarde and prayeth in all thinges as hee before in his saide bill

[[of Complaint alr]]edye hath prayed

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