Chancery Depositions (PRO C3/341/88 Barth Church v Wm Clopton)

9.2.1624 (Monday 9 February 1624)

document 16400156

to the right honourable right reverend Jn Lord bishop of Lincoln lord keeper of the great seal of England the orator and complainant an infant of 17yr Barth Church son and heir of Robt Church late of Earls Colne doctor of divinity deceased by Rose Church mother and guardian specially admitted says that father Robt was seised of various lands freehold and by court roll off other lands of the manors of Earls Colne and Colne Priory and was possessed of various evidences writings charters and muniments of these and of divers parcels of plate 500li in gold of a library of books and divers other goods Robt Church falling sick and his son being of tender years he gave his goods to his son but was persuaded by his friends to be careful of who to put in trust of them till his son came of age Barth Church gentleman his brother's son and godfather to his own son Barth having formerly married an ancient woman and likely not to have any children and his estate to come to Robt's son persuaded Robt to put him in trust and he was to assist Rose Church in the education of the son Barth with means and maintenance Robt expressly ordered that the evidences plate gold and books should be delivered to his son when he came of age either to keep or to nominate another for their use and keeping soon after about eight years past he died of his sickness and Barth the godfather obtained the possession of the writings plate god and books and for their safety so he said carried them to a house in Earls Colne where Jn Betts then and now lived and placed them in a study under lock and key but it is now discovered that he kept many of the things in his own hands and custody and in .6.last past by an unfortunate accident slew a man and for which he was found guilty but before that time the son Barth had elected Rose Church to be his guardian and to help him get the premises into his possession and Barth had promised to effect the same but he admitting that wicked fact and flying beyond the seas gave the key of the closet and the evidences of your orators which he kept elsewhere to one Wm Clopton esq for the good of Barth the son when Rose became guardian the godfather Barth remained to help her and let to one Toby Cressener a meadow and pasture ground in Colne parcel of the lands for 7li per annum rent to be paid to Barth the son or to his mother for his education and maintenance Toby entered and paid the rent for a certain time but now that Barth Church the godfather has fled and by the accident disabled to perform the trust all the deeds copies gold plate etc and the possession of the study have come to the hands of Cressener Clopton and Betts and they refuse to deliver or have an inventory taken or deliver them to Barth or his mother and Cressener refuses to pay his rent for the meadow and pasture as the son Barth does not know the dates of the writings nor the exact facts about the agreement between Cressener and his father about the lands rented he has no recourse to common law pleads for process of subpoena against Wm Clopton Toby Cressener and Jn Betts to be called on a certain day under certain pain to answer in court of chancery the charges to show where the writings plate gold books or other goods are and why Rose Church as guardian should not have them says she will daily pray for the health and happiness of his lordship