Chancery Depositions (PRO C1/1460/56-57 Jn Petefyld clerk versus Jn Lee clerk)

1560 (1560)

document 15100222

(no date given) the right rev father in god Nich archbishop of York lord chancellor of England complainant Jn Petefyld vicar of the parish of Earls Colne in Essex that where one Jn Lee clerk late vicar of the same church did owe and was indebted to the king and queen's majesty's in a certain sum of money for his first fruits of the same vicarage by him unto their majesty owed and payable at a certain day for the same Jn Lee not minding to pay the same debt but intending subtley or crazily to charge the said church or vicarage with the debt did resign into the hands of the ordinary of the diocese the said vicarage the ordinary not knowing of the debts or charge after which resignation Petefyld likewise not knowing of such charge or debt was lawfully presented instituted and inducted to the same vicarage mi nding to live thereupon and then and there to serve the cure and to keep and maintain his hospitality for the relief of the poor as was convenient necessary and his duty to do nevertheless so it is if it please your grace that for the non payment of the first fruits aforesaid the profits of the same vicarage being now of late sequestred seized and taken into the king and queen's majesty's hands to the utter decay of the hospitality and the relief of the poor and to the utter undoing of Petefyld being now drived to serve the cure without stipend for the same notwithstanding that he has divers and sundry times required the same Lee being wealthy and very rich to pay and discharge the same debts due and charge of his first fruits due to their majesty's and to save him Petefyld and the church harmless without damage therein so that he may again enjoy the fruits and profits of the vicarage and church as he ought to do yet that to do the same Jn Lee has always hitherto refused and denied an yet doth refuse and deny contrary to all equity and conscience in consideration whereof and for as much as he has no means by order of the common law to discharge his church of the payment nor any direct means to occasion the same debt so levied on the profits fruits and revenues of the church against Jn Lee who unjustly and against all right and conscience has charged the same with his debts that it may therefore please your grace and the premises considered to grant to Petefyld writ of subpoena against Jn Lee to appear before the court of chancery at a certain day and under pain etc