William Reve vs. Thomas Smith; to obtain a part interest.

PRO C2/Eliz/R6/59 (undated)

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PRO summary: The farm or manor of Fyngrith Hall, which plaintiff and defendant agreed to take jointly on lease from the Earl of Oxford, on a fine to be paid between them.

Fingreth Hall lease was acquired about the beginning of 14 Elizabeth (1571-2). Thomas Smith characterizes William Reve as "a very quarelling fellowe contencious and full of brabbles ...."

PRO C2/ELIZ/R6/59/1 (complaints)

To the Right Honorable Sir Nicholas Bacon Knight Lorde keaper of the Greate Seale of Ingland

Humbly Complaynynge showeth vnto your good Lordshipp your poore and daylie Orator Will{ia}m Reve of Blackemore in the Countie of Essex yeoman. That wheareas one Thomas Smythe of Blakemore aforesaid Esquyre, and your Lordshipps said Orato{u}r abowt the begyn{n}ynge of the xiiijth yeare of the Quenes Ma{ies}ties Reigne agreaed betwene them to obtayne and procure to them selves a Leasse for certayne yeares of the ffarme or Mano{u}r of ffyngrith Hall in the foresaid countie of Essex from the Right Honorable Edwarde now Earle of Oxenford, and havinge obtayned a promyse thereof for the fyne of Cxxxvijli w{hi}ch fyne sholde haue byne paide and borne equally betwene them the said Thomas Smyth and your Lordshipps said Orato{u}r and abowt three or fowre dayes before the tyme of payme{n}t to be made thereof your said Orato{u}r ?gyvinge? to the said Thomas Smyth to haue had of him the one halfe of the said Some of Cxxxvijli and also fortie powndes more w{hi}ch he the said Thomas Smyth promysed to lende your said Orato{u}r towardes the payme{n}t of his p{ar}te and portion of the said fyne, The said Thomas Smythe then at the comynge of your said Orato{u}r vnto him fayned that he was deceyved of money w{hi}ch shoulde haue byne paide him, and so said that he was vnable to p{er}forme his promyse, gyvinge counsell vnto your said Orato{u}r not to deale w{i}th the said Leasse, wherebie your said Orato{u}r was compelled otherwise vppon the sodayne to make shifte for the said So{m}me of Cxxxvijli to his greate losse and Hinderau{n}ce, and after that your said Orato{u}r had paide the said fyne and taken his leasse of the said ffarme or Mano{u}r in his owne name, the said Thom{a}s Smythe challendged to be Partiner in the same and promysed to repaye the halfe of the said fyne vnto your said Orato{u}r w{i}thin a Senyght after. But where the Day came that your said Orato{u}r shoulde haue receyved the said Some of the said Thomas Smyth to haue repayed the same wheare he had borowed yt, the said Thomas Smyth tolde yo{u}r said Orato{u}r as before he had done, that he had noe money, beinge deceyved by others of whome he should haue had and receyved the same. Neu{er}thelesse he said he said that he would be content to take a Porc{i}on of money of your said Orato{u}r for his interest and Tytle w{hi}ch your Lordshipps said Orato{u}r denyed to paye him, seyinge he had twise deceyved him and put him to his shiftes, and for that also he had now gotten the said Leasse to him selfe absolutely at his owne chardg{es} Yet notw{i}thstandinge thoroughe the vehement Speache and threatenynge wordes of the said Thomas Smythe vsed in that behalfe, your said Orato{u}r was content to give vnto the said Thomas Smythe xlijli for his good will in discharge of their first agreeme{n}t wheareby your said Orato{u}r myght quyetly w{i}thowt any Clayme to be made by the said Thomas Smyth Haue and enioye the said Leasse and Terme of yeares, and therevppon your said Orato{u}r became bounden vnto the said Thomas Smyth in one Obligac{i}on of fyftie powndes bearinge date the Tenth Day of Maye in the xiiijth yeare of the Reigne of the Quenes Ma{ies}tie that now is w{i}th this Condic{i}on or the like in effecte, to the Remembrau{n}ce of your said Orato{u}r, v{i}z That your Lordshipps said Orato{u}r should paye vnto the said Thomas Smyth at the dwellinge Howse of the said Thomas Smyth in Blakmore aforesaid xlijli in manner and forme folowing, That is to saye, at the feaste St Michaell tharchangell next after the date of the said Bonde iijli vs, At the feast of Thanunciat{i}on of our Ladie then next folowinge, other iijli xs, and so from thensforth eu{er}y halfe yeare at those feasts iijli xs vntill the said Some of xlijli shoulde fullie ^\\be// contented and paide vnto the said Thomas Smythe, And wheare also w{i}thin a while after the said Bonde sealed and delyu{er}ed by your said Orato{u}r to the said Thomas Smyth The said Thomas Smyth and your said Orato{u}r did further conclude and agreae betwene them selves, that in p{ar}te of paym{en}t of the said Some of xlijli w{hi}ch before was yearely to be paide as is expressed in the Condicc{i}on of the said Obligac{i}on, the said Thomas Smyth shoulde retayne and keape to his owne vse, the Some of iijli w{hi}ch was yerely to be paide vnto your said Orato{u}r by the said Thomas Smyth for the Rente of two Meadowes lyinge in Blakmore aforesaid beinge p{ar}cell of the said Mano{u}r or ffarme of ffyngrith Hall w{hi}ch Meadowes weare then and ever syns haue byn in the Tenure or occupac{i}on of the said Thomas Smyth or of his assignes by and after which the agreame{n}t so made and syns the makynge of the said Obligac{i}on the said Thomas Smyth hath had and receyved p{ar}tely by payment of your said Orato{u}r, and p{ar}tly by way of retaynynge of the said yearely Rente of iijli, the said whole Som{m}e of xlijli And as moreou{er} at this p{re}sent indebted vnto your said Orato{u}r for the Rent of the said Meadowes remayninge in his handes over and aboue the said Som{m}e of xlijli fullye satisfied vnto him as aforesaid. Yet neverthelesse the said Thomas Smythe seekinge to molest and troble your said Orato{u}r contrary to equytie and good conscience p{er}ceyvinge the said Bond by stricte order of Lawe to be forefeited, for that the seu{er}all Som{m}es of iijli xs by the said Condic{i}on of the said Obligac{i}on weare not accordingly at the dayes and place aforesaid contented and paid by your said Orato{u}r and knowinge that your said Orato{u}r never had or receyved acquytance or other dischardge for the said Som{m}es so had and receyved by him the said Thomas Smyth, hath of late threatened to sue your said Orato{u}r vppon the said Bond of fyftie pownd{es} and hath also to that entent sued fourth Proces to serue vppon your said Orato{u}r, although the same hath not as yet byn{n}e executed, and beinge requyred by your lordships said Orato{u}r to delyu{er} vnto him the said Bonde or to cancell the same, vtterly denyeth so to doe, affirmynge that he is not satisfied nor paide the said Some of xlijli, and alledgynge further that he hath assured over the said Obligacion vnto one who shall vexe and molest therebie your said Orato{u}r by Suyte in Lawe. In Tender considerac{i}on whereof and for that your Lordshipps said Orato{u}r hath no remedie by the stricte Order of the Com{m}on Lawe of this Realme to barre the said Thomas Smyth yf he should prosecute his acc{i}on vppon the said Obligac{i}on agaynst your said Orator May yt please your Hono{u}r the p{re}mysses duely considered to graunt vnto your said Orato{u}r the Quenes Ma{ies}ties most gratious writt of Subpena to be [[directed to the said]] Thomas Smythe com{m}aundinge him therbie at a certayne day and vnder a certayne payne in the same to be lymytted p{er}sonally to appeare before [[____________]] hir M{aies}ties highe Courte of Chauncerye bringynge w{i}th him the said Obligac{i}on then and there to answere to the p{re}mysses and to abide suche [[____________ yo]]ur Hono{u}r in Right and Equytie shalbe thought meete and convenyent, and your said Orato{u}r shall daylie pray to god for the prosperous [[___________________ ]] Hono{u}r longe to contynewe

PRO C2/ELIZ/R6/59/2 (answer)

Iurat' coram Mat. Carew

The aunswere of Thomas Smythe Esquyer def{endan}t to the Slanderous and vntrue bill of Will{ia}m Reve compl{ainant}

The said defend{ant} by protestac{i}on saythe that the said Compl{ainant} beyng a verry quarelling fellowe contencious and full of brables matters and sutes yn Lawe contending and stryving w{i}th many men vp[[on fayned purposes &]]

byeing of tytles for Smale somes of money, thereby to gayn sut{es} in lawe and by complex{i}on in the same causes to gayn vnto him selfe some somes of money, hathe nowe as this defend{ant} ve[[rily thinketh ___]]

this bill before your Lordshipp onely of purpose to drawe this defend{ant} to sut{es} and questions in Lawe thereby to dryve and Constreyn him to end other matters towchinge p{ar}tlye his [[___]]

hathe Longe tyme before followed and yet dothe contrary to all honestye and good behavior and vseth and demeaneth hym selfe vnto this defend{ant} beinge a gentleman of good worshipp, and [[___]]

meane p{er}son as he is w{i}th bragges and bost{es} in word{es} sekynge [or] assault{es} or battary to ^\\be// had to this defend{ant} whereby he myght have and take some advantage or benyfyte by Lawe by weye of acc{i}on ag[[ainst ...]]

thadvantage of insufficiencie of the said bill to this defend{ant} at all tymes saved for answer and declarac{i}on of the truthe therein conteyned for so muche as this defend{ant} Remembreth saythe that h[[_______]]

for that he was some tyme the servant of this defend{ant} p{ar}tly by the meanes of this defend{ant} and by his ffrend{es} whome this defend{ant} had proceured did gett and obteyne a lease of the lordship or ffer[[me of ___]]

in Blackmore and so of the same beynge possessed promysed this defend{ant} that he should have thone halfe of the same Lease ffor that he the said Compl{ainant} ^\\of him selfe// was not able to stocke and store the s[[___]]

that this defend{ant} was and hathe byn his greate good ffrende and helper, after w{hi}ch aboute the tyme in the same Bill named the said compl{ainant} beynge desirous of a longer Lease as good cause h[[__]] he [[___]]

the said fferme ys worth By yere ffourtye pound{es} aboue the rent made meanes vnto this defend{ant} to be his meane therin and then faythefullye promysed hym as this defend{ant} Remembreth that he should haue th[[...]]

same w{hi}ch would \\haue// byn worth better \\then// Twentye pound{es} by yere aboue the Rent, wherevpon this defend{ant} by hym selfe and by his ffrend{es} Labored w{i}th the Lord of Oxforde in the said Bill named for a L[[onger Lease ...]]

for Twentye and one yeres p{re}sently as this defend{ant} Remembereth to begyn w{hi}ch by greate meanes and ffrendshipp, for and yn considerac{i}on of a ffyne or Incombe of one Hundrethe [and od pound{es}] ^\\pound{es} or there aboutes// [[_____]]

but howe muche the same was above one hundrethe pound{es} he this defend{ant} Remembereth nott. After w{hi}ch said lease so had and gotten yn the name and for and yn the behalfe of [[the said]] Compl{ainant} [[...]]

Compl{ainant} as this defend{ant} Remembreth, yn [the] Considerac{i}on of the ffaythefull p{ro}mysses by the said Compl{ainant} to this defend{ant} made and yn Considerac{i}on of the Surrender of the ff yrst Lease beyn[[ge ...]]

an old term And also for that this defend{ant} had gotten and made so good a bargayne for the said Compl{ainant} w{i}the the said Lord of Oxforde, was contente and of his owne ffree wyll w{i}thout eny su[[ch ___]]

as he in his said Byll falsely surmyseth by dede yn wrytynge did become bounde w{i}th condyc{i}on also therein conteyned as this said Compl{ainant} in his said Bill haue alledged And also by dede Indented vnder the S[[...]]

of the said Compl{ainant} did demyse vnto this defend{ant} two p{ar}cell{es} of Medowe grownde p{ar}cell of the demeanes of the said Lordship of ffyngrythe for the terme of Twentye yeres vpon w{hi}ch Indenture ys Reson v[[...]]

the ffyrst Syxe yeres but thonely Rent of one pep{er}corn yf yt be demaunded and for the Resedue of yeres, after thend of the same ffyrst Sixe yeres the yerely rent of xlijs viijd as by the said Indenture Redye

to this honorable Courte to be shewed maye appere w{hi}ch said bounde and Indenture as this defend{ant} Remembreth were Sealed bothe in one daye and at one tyme and place And ffurther this defend{ant} sayeth that

the said Compl{ainant} sythence the makynge of the said bonde and Lease hathe paid vnto the said defend{ant} at or nere the dayes Lymyted in the said bonde some of the paym{en}t{es} [[t]]herein conteyned and else never

made demaunde as he Remembreth of or for eny Rent for the saide Meadowes demysed till nowe of Late that sutes and quarrell{es} in lawe hathe byn had and growen betwene them nor yet as this defend{ant}

thinketh woulde haue don had yt not byn for the same sutes and brables yn Lawe ffor yf this defend{ant} would have taken the hole Lease to himselfe as he dyu{er}sely therevnto was p{er}swaded he mighte

haue gotten for his hole Interest aboue CCCCli and therefore well worthie of so muche as was granted vnto hym by the said compl{ainant} which also at that tyme satisffyed this defend{ant} for that he had good lyking

of the said Compl{ainant} and sought to do hym goode by all meanes he might W{i}thout that that the said defend{ant} to his Remembraunce made eny breche of promyse for the delyu{er}y of eny money soever

toward{es} the said Lease but yf he so did that had not byn [[___]]all f[[___]] Realeasenge of the interest of this defend{ant} in the seu{er}all moyties of the said leases w{hi}ch yf the defend{ant} had taken would

haue byn better then CCli whereas vppon the agrem{en}t betwene the said compl{ainant} and this defend{ant} this defend{ant} had not at the hand{es} of the said Compl{ainant} not the valewe of one hundreth pound{es}

And w{i}thout that that the said Compl{ainant} did by vehement speach{es} and threateninge word{es} of the said defend{ant} gyve ^\\vnto// the said defend{ant} the some of xlijli for his good will in dischardge of the ffyrst

agreem{en}t or that therevpon he did become bounden vnto this defend{ant} [[by]] the said Obligac{i}on or that w{i}thin a while after the Sealynge and delyu{er}y of the said bounde, this defend{ant} and yo{u}r Orato{u}r

did betweene them selves co[[_____________]] the said some of xlijli by yerely paym{en}t as yn the said condyc{i}on of the said bonde ys conteyned should Reteyn and keepe to his

owen vse the some of [[________]] yerely [[_____]] paide to the said Compl{ainant} by the said defend{ant} for eny medowes in Blackemore p{ar}cell of the said Manno{u}r [of] or fferme of ffyngrithe w{hi}ch then &

ever sythence have byn in the [[_____]] of the [[_________]] the said defend{ant} hathe had by paym{en}t and by way of Reteyner of eny Rent of three pound{es} the some of xlijli or ys Indebted

vnto the said Compl{aint} to his Remembrance in eny [[so{m}m]]e or so{m}mes of money for eny cause or that the said defend{ant} hathe sued or thretened to sue the said Compl{ainant} vpon the said Bonde

w{i}thout good iust and honest cause for he saythe that the sut{es} w{hi}che he hathe before the begynynge of this Bill vppon the said Bonde was and ys vpon iust cause and grounde and

not w{i}thout good cause bothe in lawe and conscience And was therevnto the rather moved for that the said compl{ainant} sturdelye and stoutelye of Late haue made Refusall of the payme{ntes}

thereyn Conteyned And w{i}thout that that there is eny other matter, sentance or thinge in the said bill conteyned and not in this aunswere suffycientlye ^\\confessed// avoyde [=avoided] dyned [=denied]

or trau{er}sed ys true all w{hi}ch matters this defend{ant} ys Redye to averr and prove as this honorable Court shall awarde and payeth [=prayeth] to be dysmyssed w[[ith h]]ys Reasonable Cost{es} and charg{es}

in this behalfe wrongefullye Susteyned

PRO C2/ELIZ/R6/59/3 (replication)

The Replicac{i}on of Will{ia}m Reve Complaynaunt to the answeare of Thomas Smyth Esquyre Defendaunt

The said Complaynant for Replicac{i}on vnto the answeare of the said Defendant sayeth, That his said Bill of Complaynt is good and sufficient in Lawe and grownded vppon Iust cawse of Complaynt not exhibited into this Honorable Courte for any such Cawse as the said Defendaunt veary slaunderously surmyseth and fryvously in his said answeare hath sett downe and declared, but the said Complaynaunt doth and will averre and mayntayne all and eu{er}y matter Thinge Clause and Sentence contayned in the said Bill to be Iust and true in such mann{er} and forme as they are therin by ^\\him// sett forth and expressed , and doth further saye that there was an agreame{n}t by worde of the said two Meadowes lyinge in Blakmore aforesaid p{ar}cell of the said Mano{u}r of ffyngrithall [=Fingreth Hall] betwene the said Thomas and the said Complaynaunt secreatly concluded and made w{hi}ch the said Defendaunt desyred the said Complaynaunt to keape close to him selfe and not tell any man thereof w{hi}ch Agream{en}t was in this mann{er}, That the Defendaunt should haue and enioye the said twoo Meadowes for sixe yeares next ensuinge the said agreame{n}t for the yearely Rent of iijli, and afterward yf the said Defendaunt would haue the said two meadowes any longer then he should pay vnto the Complaynaunt iijli vjs viijd yearely duringe so many yeares as he should enioye the same / W{i}thowt that that the said Complaynant did, by his dead [=deed] Indented vnder his Seale, demyse vnto the said Defendant the said two p{ar}cells of Meadowe grownd for the Terme of Twentie yeres vppon w{hi}ch Indenture is reserued for the first sixe yeares but the onely Rent of one Pepercorne yf yt should be demaunded, and for the resydue of the said yeares after the said Sixe yeares ended the yerely Rent of xlvjs viijd as the said Defendant hath most vntruely in his said Answeare expressed and declared, Or that the said Defendaunt hath made any leasse vnto the said Defendaunt of the said Meadowes otherwise then is before in this Replicat{i}on by the said Complaynaunt shewed, And w{i}thowt that ^\\that// the said Complaynaunt is a very quarrellynge fellowe contentious or full of brawles Matters and Suyt{es} in Lawe contendinge and stryvinge w{i}th many men vppon fayned purposes or is a Buyer of Tytles in any such sorte as the said Defendant hath moste slaunderously and vntruely in his said Answeare also declared / Or that the said Complaynant hath at any tyme vsed or demayned him selfe [him selfe] vnto the said Defendaunt w{i}th bragges and Bost{es} in wordes otherwise then did become him sekynge thereby assalt{es} and Battrie to be had by the said Defendant wherebie the said Complaynaunt myght haue and take any advauntage or Benefitt by lawe by way of Acc{i}on against the said Defendant as the said Defendant in his said answeare hath also vntruely alledged. And the said Complaynaunt further sayeth that yf he should haue spoken or vttered any wourdes or Speache vnadvisedlie agaynst the said Defendant at any tyme, yet the said Complaynant thinketh that the said Defendaunt would not so much haue forgotten his dewetie to god, and the Reverence of the Quenes Ma{ies}ties Lawes and especially being a [G] Gent{leman} of good worshipp (as yt pleaseth him to term him selfe for feare yt should be forgotten) as that therefore the said Defendant would haue assalted the said Complaynaunt or striken him beinge in dead [=indeed] but a meane p{er}son, but yet the Defendaunt{es} poore neighboure whom he ought not to dispise, neyther yet to vaunt himselfe ouermuch of his worshippe or Gentrie / And w{i}thowt that that any other Matter or thinge contayned in his said answere are materiall to be replyed vnto, and in this Replicac{i}on not sufficiently replied vnto Trau{er}sed Confessed and avoyded or denyed is true All w{hi}ch matters the said Defendaunt is readie to averre and proue as this honorable courte shall award, and prayeth as in his said Bill of Complaynt he before hath prayed

PRO C2/ELIZ/R6/59/4

The Reioynder of Thomas Smythe defend{ant} to the Replicac{i}on of Will{ia}m Reve Compl{ainant}

The said defend{ant} for Reioynder saythe as he yn his said aunswere hathe said & dothe averr and maynteyn all and eu{er}y Charges and thing{es} in the same Conteyned to be good Iust and true yn suche mann{er} and fforme as yn ths same ys Sett fforthe and declared without eny ffryvylouse or Slanderouse Surmyses, and saythe that the said byll against hym exhibited ys devised and sett forthe for suche causes as yn the said Aunswere ys declared And that the Rather he this defend{ant} ys therevnto p{er}swaded for that the said Reve nowe by his Replicac{i}on dothe deny his owen dede made and delyu{er}ed to this defend{ant} vnder his seale and sign as this defend{ant} shalbe well able to this honorable Courte to prove w{hi}ch beynge proved wilbe a suffycient matter of yt selfe to prove the honestie of the said Compl{ainant} who supposeth that he would not forgett his dutye toward{es} god and his Reu{er}ence to her Ma{ies}ties lawes yn vsynge vnsemely termes and speches toward{es} this defend{ant} beynge as yn his aunswere ys supposed although the said Compl{ainant} by his Replicac{i}on by folyshe and vndiscrete toyes hathe thereat scoffed and Iested w{hi}ch this defend{ant} thinketh hathe Rather proceded of the toyishe and yvele head{es} of suche as therevnto he made pryvye then vppon any graue or sage advyce gyven as by the same ^\\and// by the scoffinge order therein may appeare Notw{i}thstandinge thexcepc{i}on of all the sup{er}fluous and fryvolouse toys and comparysons in the said bill and Repliacc{i}on conteyned to this defend{ant} saved he this defend{ant} will averr and prove to this honorable court all matters whatsoeu{er} in his said Aunswere conteyned to be as true as the vnsemely comparison in mockery of Ientrye in the said Replicat{i}on by the said Compl{ainant} & his counsell declared ys manyfest and do appere w{i}thout that that there was eny agreem{en}t by word other then was put yn wrytynge betwene the pl{aintiff} and Defend{ant} secretly concluded w{hi}ch the said ^\\Def{endant}// should desyre to keepe close to hym selfe and not tell eny man thereof ffor this def{endant} sayth he feared the puttinge eny matters in word{es} betwene hym and the said compl{ainant} for that the said compl{ainant} ys well knownen to be ffull of trobles and devises to haue matters and sut{es} in lawe and can handle him selfe well for the proffe of his causes, or that there ys or was eny suche Rent of three pound{es} or three pound{es} sixe shilling{es} & eight pence ether ment or spoken of to be Res{er}ved vppon eny lease or grant for the same medowes to this def{endant} but yt semeth the said compl{ainant} is verye forgettfull and lykely also to forget honestie that can not Remember his owen wrytinge and lease made by Indenture as to this Court shalbe proved And w{i}thout that that there ys eny other matter sentence or thinge materyall in the said Replicac{i}on ^\\Pretended// and not yn this Reioynder suffyciently ^\\confessed// denyed advoyed or trau{er}sed ys true all w{hi}ch matters this defend{ant} ys Redye to averr and prove as this honorable Court shall award and prayeth as he before hathe prayed

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