Chancery Depositions (PRO C1/646/30 Simon Heines v Jn Holland)

1529-1532 (no date) (1529)

document 14900052

to the right honourable sir Thos More knight lord chancellor of England in most humble wise complaining showeth unto your good lordship your daily orator Simon Heines that whereas by one Thos Cheltenham late prior of Colne the convent of the same place was given and granted the advowson of the vicarage of Dovercourt in the county of Essex to the lord Marny Wm Gory of Barkway Wm Bretten and Andrew Edmunds gentleman as by the grant of the said prior and convent under their common seal plainly appeareth by virtue whereof your said orator after the death of the last incumbant was lawfully presented to the said vicarage so it is that the prior and convent of Colne now being immediately after the death of the said incumbant did also present one Jn Holland chaplain to my lord the earl of Oxford which presentation although my lord of London perceived to be of non effect would not yet give your said beseecher institution but counselled him to sue first to my said lord of Oxford for his lordship's favour which your said orator was content to do accordingly as his duty is and obtaining my lord of Winchester's favourable letters for the same purpose he did ride in company with the said Jn Holland unto my said lord of Oxford then being at master Awdeleis and after the letters read finally his lordship made answer that for as much of this matter appertained nothing unto him but to the prior of Colne he would therein in no wise meddle than by consent of the said Jn Holland and your orator it was there agreed that neither of them should make any further suit to my lord of London for institution unto my lord of Oxford and my lord of Winchester had had communication of this matter and departing from thence the same night the said Jn Holland and your orator met again at Colne where after much communication had concerning the right of the said vicarage the said Jn plainly affirmed before your said orator and divers others that he knew nothing of the said advowson and that he was sorry that he had gone so far in the matter and intended never to strave more therein nor further to meddle imputing all the blame to the prior who moved him instantly to receive his presentation and so the said Jn Holland and your orator at that time departed the said Jn at that time having nothing else to stick unto by alonely (sic) the prior and convent's presentation notwithstanding about three weeks or a month after perceiving his former title to be weak received a new presentation of one Thos Veer gentleman servant also with my said lord of Oxford by virtue of an advowson granted to the same Thos and thereupon did write unto your said orator to appear at a day certain before my lord of London and which of us then could show best title before my lord he to enjoy the benefice without further suit or delay but in the mean season before your said orator might keep the said appointment the said Jn Holland prevented him and came to my lord of London affirming with many great oaths fearing the sight of his advowson by likelihood that your beseecher had claim ceased his suit and would no more labour nor trouble for the said vicarage trusting under that colour as have gotten possession shortly after when we both appeared before my said lord of London your orator rehearsed the tenor of he said said Jn Holland's letters and said before my lord then he was well content with that offer which was he that did show best title the same to have the benefice without further suit desiring him to show his advowson your said orator was credibly informed before that it was cancelled raised and nothing worth and then he brought it forth as it is taken neither well nor truly the seal all broken whereabout he was very diligent to set the pieces again together as if all the matter had resided thereupon and manifestly raised in the date which raisure my lord of London evidently perceiving said then of his advowson as he did before of his presentation that it was marred and nothing worth nevertheless he would not be persuaded but that his advowson was and is good and would abide the trial thereof at the law requiring then the process of qui dicurent into the court of Essex where he nothing doubted that his advowson should be approved for good and true and although at that time my lord denied his petition and said he would grant nothing without our both consents yet now o f late the said Jn by importunity and friendship has obtained the said process down into the country whereby your said orator feareth that justice shall now be administered nor the right prevail but be utterly suppressed through the great power and authority of my lord of Oxford unless your gracious remedy herein may be had in consideration whereof may it please your good lordship to send for the said Jn Holland personally to appear before your lordship and to bring with him his said advowson to the intent that upon sight thereof the truth may be known the matter shortly ended for avoiding the long process and great costs of the law and your said orator shall daily pray etc