Chancery Depositions (PRO C3/353/1 Greening Samon and King v King and Pilgrim)

6.2.1622 (Wednesday 6 February 1622)

document 16300402

to the right reverend bishop of Lincoln keeper of the great seal Edw Greenyinge and Sarah his wife Jn Samon and Marge his wife and Wm King and Rebecca his wife Sarah Marge and Rebecca sisters and coheirs of Simon Underwood deceased within age son and heir of Rich Underwood deceased father of the said Sarah Marge and Rebecca whereas Rich Underwood was in his lifetime lawfully seised in demesne as by copy of court roll of Earls Colne manor according to custom of and in one garden and tenement adjacent with appurtenances called Goldes Gate in Earls Colne and three customary crofts called Wallfields in Earls Colne containing 30a of the clear yearly value of 12li above all reprisals and so seised having with the license of the lord of the manor devised the said copyhold premises to one Geo Pilgrim for divers years to come and the said Pilgrim protesting great friendship and kindness to Rich Underwood and Rich Underwood having occasion to borrow money upon a use the said Geo Pilgrim was pleased and contented to lend Rich Underwood three score and ten pounds (70li) paying for the use and interest thereof after the rate of 10li the hundred and or security of payment or levying of the said principle money three score and ten pounds with the use and interest of as aforesaid the said Rich Underwood did according to the custom of the manor on the last day 0.5.38Eliz1 surrender the copyhold premises into the hands of the lord of the manor to the use of Geo Pilgrim and his heirs upon condition therewith mentioned and expressed that Rich Underwood his executors or assigns should pay or cause to be paid to Geo Pilgrim the said three score and ten pounds that then and thenceforth the surrender to be void and Rich Underwood being otherwise indebted to sundry persons and putting great trust and confidence in Geo Pilgrim upon Pilgrim's protestations that he cared not for the copyhold premises otherwise than to have some estate thereof as security of his money lent and the same money being paid levied or received in any sort afterwards the copyhold premises should return and come to Rich Underwood and his heirs the same Rich Underwood was arrested and imprisoned in the Fleet and there died before the payment and redemption of the premises from Pilgrim Simon Underwood being his son and heir according to the custom of the manor and then an infant of tender years which Simon also died two years last past and before his age of one and twenty years the orators Sarah Marge and Rebecca being his sisters and next heirs according to the custom of the manor and those to whom the copyhold premises in equity ought to come and to be reassured immediately after Pilgrim had his money lent with the interest thereof satisfied and paid which in equity truth and true meaning is all paid with the rents and profits of the copyhold premises by him received many years past but Pilgrim keeping the conditional surrender copies and writings of the premises and matter of trust and confidence aforesaid from their knowledge and from Simon they being long in their minority and infancy they were by Pilgrim deluded and abused until after the death of Simon they by enquiry how the copyhold premises were held from them they were certified that Pilgrim did much wrong and injury to detain the same copyhold premises from them he being bound in equity and conscience to restore them back being paid his principle money lent with the use and interest thereof whereupon they repaid Pilgrim and required the possession of the copyhold premises with reassurance to be made to them offering on an account by him to be made of the rents and profits of the premises received to pay whatsoever should remain behind unpaid and unreceived with the principle monies lent with the interest thereof but ever since then it was lent as aforesaid which Pilgrim did not only obstinately and stubbornly refuse to do or accept but to put them to further vexation and trouble dealt with one Edm King gentleman to lend him some money thereupon in fraud and colour and take for security thereof surrender of the copyhold premises for the use of certain infants kinfolks of the said King thereupon so prevailed with Edm King that the said King affirmed that he had lent money to Pilgrim and for security thereof surrender was made of the copyhold premises to the infants so as they could have no reassurance thereof which was so utterly of fraud and collusion to delude them the orators that there was no such money lent or surrender made and Pilgrim did still keep the possession of the copyhold premises and has there felled so many bollings and husband trees as were worth 20li and upwards and does continue such his injurious actions and converted the same rents profits and awards to his own use to the great wasting of the copyhold and decay of the yearly rent thereof to the great wrong and prejudice of the orators and against all right equity and good conscience in consideration whereof the copyhold premises were assured in no other sort nor upon any other consideration but merely for security of three score and ten pounds lent upon use Pilgrim having since then held possession of the premises and held the trees and woods and received the profits is long since thereby in all equity truth and true meaning satisfied and paid the money lent with the full use and interest and a great deal surplus in his hands and ought in conscience and equity not only to reassure the copyhold premises to the orators worth nine score pounds (180li) but also to pay the surplus of the profits by him received and deliver all the writings and copies thereof to the orators and for that Rich Underwood so far trusted Pilgrim that he left in his hands not only the security of the copyhold premises but also divers other deeds evidences copies and writings for the same and other his lands and tenements descended and come to the orators Sarah Marge and Rebecca which Pilgrim does detain and keep from them against all right and equity whereof they are remedy less to recover them by the strict course of the common laws of the realm not knowing the date number nor contents of them nor wherein they are put or remaining but rest only to be relieved in equity touching the premises may it therefore please his lordship to grant process of subpoena to be directed to Geo Pilgrim and Edm King commanding them to appear at a certain day under pain etc to answer what the copyhold premises are yearly worth and how many years profits Pilgrim has taken thereof and what pollingers husband trees or woods that were growing of the copyhold premises they or any of them have felled and sold away and how Pilgrim has entailed and encumbered or assured the same or any part thereof and for what cause or on what consideration and how long since and to show what cause why the premises should not be forthwith assured back to the orators with surplus of rents and profits by him received or raised thereof more than to satisfy the money lent thereof with the use of the same and to deliver the copies and writings to the orators and to stand to and abide by such further orders as the court shall seem to stand and agree with right and equity and good conscience etc