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Chancery Depositions (PRO C3/99/82 Robt Jacob v Jn Umfrye and Nich Parker)

24.5.7Eliz1 (Thursday 24 May 1565)

document 15200049

to the right honourable sir Nich Bacon knight lord keeper of the great seal of England in most humblewise complaining showeth to your good lordship your daily and continual orator Robt Jacob of Ballingdon Essex yeoman that whereas on Jn Umfrye the younger of Earls Colne husbandman being lawfully possessed for the term of many years yet enduring of and in a certain mansion or farm place called Myles with all lands pastures and feeding thereunto belonging with their appurtenances situate lying and being in Earls Colne aforesaid by virtue of an indenture of lease the certain date whereof or certain number of years therein contained for want of having the same your said orator knoweth not unto him made by one Nich Parker of Earls Colne aforesaid husbandman by his indenture of lease bearing date 9.5.5Eliz1 demise lease and to farm let the one moiety or half of the said mansion place or farm of Myles aforesaid and of all the lands pastures and feedings thereunto belonging and appertaining with appurtenances unto your said orator his executors and assigns to have and to hold the same unto your said orator his executors and assigns from the feast of michaelmas last before the date of the same indenture unto the end and term of three years from thence next following fully to be completed and ending as by the same indenture of lease thereof made and ready to be showed unto this honourable court more plainly doth and may appear by force whereof your said orator entered into the said moiety of the premises and was and yet is thereof jointly and lawfully possessed in common with the said Jn Umfrye and hath sown manured and husbanded the same moiety of the premises at his own proper costs and charges accordingly and whereas also the said Jn Umfrye since the making of the said lease of the one moiety of the premises unto your said orator as is aforesaid upon a communication had betwixt the said Jn Umfrye and your said orator touching the premises for and in consideration of the sum of 40marks of lawful money of England by your said orator paid and to be paid unto the said Jn Umfrye his executors and assigns it was fully condescended and agreed betwixt the said Jn Umfrye and your orator that the said Umfrye should assign demise lease and to farm let and the said Umfrye did assign demise lease and farm let the said mansion place or farm of Myles aforesaid and all other the premises with appurtenances together with the said indenture of lease thereof unto him made by the said Parker in form aforesaid and all his estate right interest and demand of in and to the same unto your orator his executors and assigns to have and to hold the same unto your said orator his executors and assigns from and after the end and expiration of the said mean lease of the years of the moiety of the premises made by the said Umfrye unto your said orator in form aforesaid unto the end and term of all the years then to come and un expired in the said former indenture of lease made between the said Parker and Umfrye contained in manner and form aforesaid as they promised further to make such further assurance thereof accordingly as your said orator shall demise and require by force whereof and of the mean lease of the moiety of the premises aforesaid your said orator is lawfully possessed in possession of the moiety of the premises and also possessed in reversion of all the premises and of every part and parcel thereof in manner and form as aforesaid now so it is may it please your good lordship that the said indenture of lease made of the premises by the said Parker unto the said Umfrye in manner and form aforesaid being by your said orator by misfortune lately lost is happened to come into the hands custody and possession of the said Nich Parker and Jn Umfrye or to the hands possession or custody of the one of them who by colour of having the same have not only now of late wrongfully entered into the premises and into every part and parcel thereof upon the possession of your said orator and thereof and of every part and parcel thereof utterly removed and dispossessed your said orator but also have by like wrong ever since their entries into the same perceived and taken and yet do perceive and take the issues and profits thereof coming issuing and growing unto their own proper uses and behoofs and in no wise will permit or suffer your said orator to enter into and enjoy the same and although your said orator as well by himself as divers others of his friends and acquaintances hath divers and sundry times gently requested and entreated the same Nich Parker and Jn Umfrye and either of them not only to permit and suffer him to enter into and enjoy the premises as of very right they ought for to do but also to deliver unto him the indentures of lease aforesaid yet they the same to do have always hither unto refused denied and yet do refuse and deny and in no wise will permit or suffer your said orator to enter into the same as of very right they ought for to do contrary to all right equity and good conscience and to the great loss and hindrance of your said orator unless your lordship's aid and favour be to him extended in this behalf in consideration whereof and for as much your said orator knoweth not the certain date or contents of the said lease nor whether the same be contained in box bag sealed or chest locked whereby he is without all remedy for the recovery of the premises by the due course and order of the common laws of the realm it may therefore please your good lordship the premises tenderly considered to grant the queen's majesty's most gracious writ of subpoena to be directed unto the said Nich Parker and Jn Umfrye etc