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Chancery Depositions (PRO C6/171/47 Jn Hunwick v Thos Clarke)

24.1.1662 (Friday 24 January 1662)

document 16600094

complaint of Jn Hunwick of Earls Colne in Essex yeoman son and heir of Jn Hunwick the elder of Earls Colne deceased whereas the orator's father about eighteen years ago was lawfully seised in his demesne as of fee of all that messuage and tenement with garden and orchard adjoining and one piece of meadow ground adjoining called Bridge Meadow and of and in a certain purpresture of land to the said messuage or tenement adjoining (a small parcel of waste) with all appurtenances called Littmans and Giffords and of and in five crofts or quillets of pasture ground called and known by name of Kings otherwise Peacocks and of one meadow two parcels of meadow ground called Holmes otherwise Goldwires Obitelands with appurtenances in Earls Colne and in White Colne in Essex being of the clear yearly value of 30li per annum beyond reprisals and the orator's father being so seised he having some present occasion for 100li did repair about eight years ago to one Rich Stoakes of Layford in Essex yeoman now deceased and did desire to borrow of him the sum of 100li for security thereof preferred to mortgage all and singular the premises unto him either for one term of ninety nine years or for some such term or else to him and his heirs in fee with power of redemption with the sum of 100li with damages at some short day then to come whereupon the orator does further show that he Rich Stoakes did lent the sum of 100li or some such sum unto the orator's father and his father about seventeen years ago did by good conveyance in the law as the orator is credibly informed either demise and grant all and singular the premises unto him Rich Stoakes for some long term of years to come or else did grant bargain and sell enfeoff release or otherwise convey and settle all and singular the premises with the appurtenances upon him Rich Stoakes and his heirs upon special proviso and condition that if the orator's father his heirs executors administrators and assigns should well and truly pay to Rich Stoakes his heirs etc the 100li or some suchlike sum with damages for forbearance of the same at the day then shortly to come and long since past that then it should be lawful for the orator's father to reenter and to all and singular the premises and the same to have again as in his former estate or else upon some other suchlike provision or condition as in and by the conveyance had your orator the same to produce it would appear and soon after the orator's father departed this life in and about the time of the late rebellion the sum of 100li or what other such sum the same was which was originally lent as aforesaid not being paid and satisfied Rich Stoakes according to the tenor of the receipted mortgage whereupon the orator being in much trouble in the late unhappy times and not paying the sum of money originally lent he Rich Stoakes did about sixteen years ago enter into all and singular the premises with appurtenances and did receive the rents issues and profits thereof to his own use and benefit for many years and having in mind to deceive the orator of the premises he being in his troubles he Rich Stoakes by combination and practise with one Hen Winne of Wormingford in Essex yeoman for certain in considerable sum of money bargain sell and assign and set over all his right and title to the premises as the orator has likewise been informed to Hen Winne as in and by the bargain sale and assignment had the orator the same to produce may appear and soon after Rich Stoakes departed this life the said Hen Winne in pursuance of the combination how to deceive the orator of all the premises by further combination and practise between Hen Winne and one Thos Parrish of Nayland clothier since deceased also did some secret and fraudulent conveyance of all and singular the premises unto him Thos Parrish who by virtue thereof did enter into all the premises and for some small time afterwards did hold and enjoy the same and received the rents issues and profits thereof to his own use and behoof as in and by the same also more fully would appear had your orator the same to produce into this court and did grub up take and carry away so much timber and wood then growing upon the lands and premises as was really and bonafide worth 40li and the orator further says that he Thos Parrish too encumber and perplex the orators title of redemption of all the premises and to continue the combination between the parties carried on as aforesaid did as he has been credibly informed and hopes to prove for some consideration and considerable sum of money convey all his right and title to the premises to one Thos Grimwood of Foxhead in Suffolk yeoman who by some private and secret conveyance has settled all the premises with appurtenances upon Francis Grimwood his son as in and by the several deeds and conveyances had the orator the same to produce more plainly would appear whereupon the orator for divers years making his continual claim unto all and singular the parties and desiring the confederates not to deal so unjustly with him as to take 20li per annum from him for the only sum of 100li and declaring unto the confederates that he did intend if god enabled him and the times turned illegible text or words to the same effect to call them to account and to have his land again he the said Francis Grimwood about ten years ago by further combination and practise did for 50li or some such sum given to him by Thos Clarke of Colchester Essex mercer did convey and settle all the premises upon him Thos Clarke although he Thos Clarke did well know at the time of his dealing for the premises that they were but a security for 100li or some such and that the confederates had long before been justly paid and satisfied for all the principle money originally lent also damages for the same by the rents and profits thereby and the sale of timber and wood and the orator further shows that the confederates have framed and contrived so many secret and fraudulent estates and conveyances among themselves on purpose to defraud the orator that he has very good cause to believe that he Thos Clarke has conveyed the premises to some person unknown to the orator whose names as they shall be discovered your orator humbly prays may be here inserted and they made parties to this bill in regard that the orator has very often in friendly manner entreated him Thos Clarke to accept his principal money and damages for the same and to come to an account with the orator for the profits of the premises and to reconvey the same to the orator according to equity which he has and still does refuse to perform accordingly but so it may please your lordship that Thos Clarke having a mind to defraud the orator of all the premises has not only refused to accept of the principal money which the orator is ready to pay unto him and to account with the orator for the profits of the premises and to reconvey the same unto him again but does also does give it out in speeches sometimes that he will pay 500li or some such sum before the orator shall ever have the premises again and at other times that the orator's father in truth did absolutely bargain and sell all the premises unto Rich Stoakes without any power of redemption for the sum of 100li and that by mean conveyance the premises are now come to him Thos Clarke and his heirs absolutely and that he will hold the same though Thos Clarke does well know that the orator's father never had but 100li for the premises of Rich Stoakes and that they are really worth 400li at the least since the said conveyance of the property ma de by the orator's father was with power of redemption upon repayment of the 100li or some such sum in consideration of the premises and for that the orators witnesses who should prove all the fraudulent transaction of the confederates are since dead in places to the orator unknown and that the orator has no means whatsoever to discover the truth and certainty of the several conveyances and contrivances made by the parties nor has deeds or conveyances of the premises made by the parties or any one of them but only here by your lordship nor has any other way to discover what title the confederates or any of them hold or have in the premises or any part and to the end that Thos Grimwood the father and Francis Grimwood the son and Thos Clarke may severally upon their corporal oaths set forth what title they or either of them ever had or now claim to have in the premises and from whom in particular the same was made and when and in whose presence and for what consideration the same was made to them or any one of them and that it may be severally set forth what deeds or writings any of them have and that Thos Clarke may by his lordship be compelled to accept his principal money with damages for the same if any on a just account payable unto him and may be also compelled to reconvey and settle all the premises on the orator asks for a writ of subpoena