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Chancery Depositions (PRO C2Eliz/P.4/7 Edm Potter v Hen Bridge)

12.11.1589 (Wednesday 12 November 1589)

document 15500077

to the right honourable sir Xoph Hatton of the most noble order of the garter knight lord chancellor of England in most humble wise complaining showeth unto your good lordship your daily orator Edm Potter of Earls Colne in the county of Essex yeoman that whereas one Hen Bridge of Earls Colne aforesaid tailor was lawfully seised in his demesne as of fee by copy of court roll according to the custom of the manor of Earls Colne of and in one messuage or tenement with appurtenances called Dynes with four parcels or crofts of land and pasture parcel of Lowfield containing by estimation 20a and so being seised the said Hen Bridge having an intention to make sale of the premises and to deceive the buyer of the same by some former lease and conveyance to be made of the premises he the said Hen Bridge by articles indented dated 17.9.28Eliz1 did demise and lease the said messuage and tenement and 16a parcel of the premises to Roger Harlakenden esq to have and to hold from the feast of michaelmas.28Eliz1 to the end and term of twelve years receiving only the yearly rent of 40s and likewise made surrender of the rest of the premises to the use of Margery Bridge mother of the said Hen for and during the term of her natural life without reserving any rent or fee of the same and afterwards released and discharged the said Roger Harlakenden of 20s by the year parcel of the said yearly rent of 40s and the said Hen Bridge having effected as aforesaid the said lease surrender and release did without acquainting your said orator with the said articles or any of them bargain and sell unto your said orator and his heirs as though the said premises had not been encumbered or leased the said messuage or tenement and 20a of land and pasture with appurtenances for and in consideration of the sum of 21li of lawful money to him by your said orator paid and in consideration of 10li by the year to be paid unto the said Hen Bridge during his natural life and afterwards the said Hen Bridge viz 27.6.1587 surrendered all the premises into the hands of the lord of the said manor by the hands of Jn Green and Jn Ward customary tenants of the same manor to the use of your said orator and his heirs upon condition that your said orator and his heirs executors administrators and assigns should pay at the said messuage or tenement to the said Hen Bridge at or before the feast of annunciation.1588 5li and at or before michaelmas.1588 5li and so forth yearly at either of the said feasts 5li during the life of the said Hen Bridge which said surrender afterwards at a court holden at and for the said manor 21.6.29Eliz1 was lawfully presented according to the custom of the said manor and your said orator admitted tenant thereof upon the condition aforesaid after which said admission of your said orator he your said orator paid unto the said Hen Bridge the said yearly payment according unto the tenor of the condition aforesaid but before michaelmas.last viz in .7.last your said orator did buy of the said Hen Bridge the said yearly payment of 40s by year for the sum of 51li and one nag price 20s which said bargain and the covenants thereof were put in writing and subscribed with the hands of the said Hen Bridge and of your said orator and referred to the custody of one Jn Polly of Earls Colne aforesaid yeoman and for the performance of the agreements contained in the said covenants the said Hen Bridge a greed to become bounden to your said orator in one obligation of the sum of 100li and your said orator before the feast of michaelmas.last paid unto the said Hen Bridge in part of payment of the said 51li and one nag the sum of 5li and assigned unto the said Hen Bridge one debt of 5li owing by one Jn Bridge (may be Jn Bridge) unto your said orator whereof the said Hen Bridge made acceptation and which said sum of 5li the said Jn Bridge (may be Jn Bridge) was ready to pay at such a day as the same was due if the said Hen Bridge would have accepted the same but the said Hen Bridge having an intention to defraud your said orator not only of the said bargain concerning the discharge of the said yearly payment of 10li but also covenously to bring the condition of the said surrender to be also broken whereby he might reenter the said premises he the said Hen Bridge did refuse to take the said 5li of the said Jn Bridge (may be Jn Bridge) although he were informed that the day of payment was after the said michaelmas.last and he himself pleased to give respect of the payment thereof until that time and not herewith satisfied the said Hen Bridge covenously repaired to the said Jn Polly and requesting to see the said writing and agreement committed to his custody as aforesaid for some doubt as he affirmed wherein he sought to be resolved and by that means getting the possession of the said agreements he take them with him and as your orator is informed hath burnt them by which unconscionable dealing your poor orator is like to lose his lands and his said bargain and all other the remedies of the said agreements contrary to all right and good conscience if your lordship's clemency be not to him extended in this behalf in tender consideration whereof and for that your orator is remediless by the course of the common law may it please your good lordship of your accustomed goodness to grant unto your poor orator her majesties writ of subpoena to be directed to the said Hen Bridge commanding him thereby at a certain day and under a certain pain therein to be limited personally to appear before your good lordship in her majestys high court or chancery at Westminster then and there to make answer to the premises and further to stand to and abide such order and direction herein and to your good lordship shall seem agreeable with equity and good conscience and your said orator according unto his bounden duty shall daily pray unto almighty god for your lordship's prosperous estate long to continue Johnson