complaint of Peter Leonard of Hornchurch Essex gentleman and Ann his wife executrix of the last will of Wm Payne late of Hornchurch whereas one Jn Barrett father of Ann was in his lifetime lawfully seised in his demesne as of fee according to the custom of the manor of Colne Priory in Earls Colne Essex of and in two customary messuages or tenements and one croft of land 2a in Earls Colne and about thirty years ago died so seised after whose decease the tenements and lands came to the oratrix and unto Mary daughters and coheirs of Jn Barrett and afterwards Ann took to husband Wm Payne and Mary took to husband one Geo Mowle of Colchester in Essex innholder and Mary and Geo Mowle and Wm Payne and Ann being to be admitted tenants to the customary lands Geo Mowle pretending himself then to be in want of money entreated Wm Payne to disburse and lay down to the lord of the manor of Colne Priory the whole fine payable for the same as well for the part of Mary as for the part of Ann which premises shortly after to repay the same to Wm Payne who thereupon did disburse and pay the sum of 6li for the fine accordingly and Geo Mowle dwelling near and unto the tenement and land and Wm Payne almost forty miles distant and remote from the same Geo Mowle afterwards during all the life of Wm Payne and during the widowhood of Ann which was six and twenty years or thereabouts received all the rents of the tenement and land being then letten for 6li per annum or thereabouts except only one half years rent which Payne received Geo Mowle from time to time promising faithfully to repay to Payne and Ann as well the moiety of the fine paid by Payne as also the moiety of the rent received by Mowle and further Geo Mowle knowing Wm Payne to neglect the looking after the said tenement by reason of his remote dwelling from them did also sell away one barn one malthouse one stable and some other houses and buildings part of the tenement and received for the same 100marks or thereabouts and converted all that money for his own use never acquainting Wm Payne or Ann with his selling away the edifices and buildings but when Wm Payne casually coming to the knowledge of it did speak thereof to Geo Mowle he confessed the same and promised to pay the one moiety of the money he had received unto Wm Payne but so it may please your lordship Geo Mowle perceiving that Wm Payne had rested upon his the said Mowle his said premises made privately between them two without taking any witnesses thereof has since the decease of Wm Payne refused and still does refuse to pay Ann whilst she was sole or to Peter Leonard since his intermarriage with her the moiety of the fine of 6li or the moiety of the rent of the lands by him received or half of the monies received for the edifices and buildings so by him sold away or to pay the orator the moiety of the sum of 29s9d which the orator has been constrained to pay for the arrearage of the quitrent due to the lord of the manor of Colne Priory for the tenement and land incurred during the time that the said Geo Mowle received the rents although Geo Mowle has been often hereunto asked in friendly manner both by Ann while she was sole and by both orators since their intermarriage but Geo Mowle purposing to defeat and defraud them thereof to the great hindrance of the execution of the will of Wm Payne whereof Ann was executrix and contrary to all equity right and good conscience in consideration thereof and for that the orators in want of such proof of the premises as by the strict course of common law is requisite have no means by the common laws to relieve themselves in the premises and yet hope Geo Mowle will upon his corporal oath discover the truth and thereby they may be relieved in equity they ask for a writ of subpoena