Chancery Depositions (PRO C6/171/47 Jn Hunwick v Thos Clarke)
24.1.1662
(Friday 24 January 1662)
document 16600317
answer of
Thos Clarke
he says it is true that
Jn Hunwick
the elder late father of the complainant were or one of them was lawfully seised of good estate in fee simple and in certain crofts or quillets of land called
Kings otherwise Peacocks
and of a certain meadow or two parcels of land called
Holmes alias Goldwires Obitelands
in the bill 15a more or less in White Colne Essex and they
Jn Hunwick
the elder and the complainant or one of them being seised the said
Jn Hunwick
the elder in consideration of 100li to them paid by
Rich Stoakes
in the bill did by deed of feoffment dated
1.8.8Jas1
grant and confirm to
Rich Stoakes
and his heirs the said crofts or quillets of land and meadow or two parcels of meadow with appurtenances upon condition that if
Jn Hunwick
the elder or the complainant or their heirs did pay to the said
Rich Stoakes
his heirs executors or assigns 100li upon
1.8.1616
at or in the porch of the parish church of Copford in Essex that the indenture and livery of seisin should be void and in and by the same deed
Jn Hunwick
the elder and the complainant did covenant and grant to and with
Rich Stoakes
that they were the true and very owners of the crofts and premises and were therefore seised with a good and absolute estate in fee simple and that the same were free and clear of all former grants sales and encumbrances whatsoever and that if default should be made in payment of the 100li that they would do any act or thing for the absolute conveying of the premises to
Rich
and his heirs as in and by the deed of feoffment duly executed by livery of seisin thereupon had and delivered and ready to be produced in this court does appear and which croft and meadows were then of the yearly value of 8li and not of a greater yearly value as this defendant believes and the defendant further says that the 100li nor any part thereof were paid according to the condition or otherwise as he believes and this defendant believes and hopes to prove that
Jn Hunwick
the father did before
1.8.1616
did well and legally release extinguish or discharge the said condition and he says as he has heard and hopes to prove that
Rich Stoakes
being seised of the premises one
Jn Clarke
did claim an estate in the premises by virtue of some conveyance made by the complainant and his father or one of them and sealed a lease thereof to one
Jn Hutt
who brought a writ of ejectment and trespass against
Rich Stoakes
for the recovery thereof in which suit and in defence of the title of the premises
Rich Stoakes
had expended several sums of money and the defendant further says that before the conveyance made to
Rich Stoakes
Jn Hunwick
the elder and the complaint or one of them as he believes and hopes to prove in by one deed or writing dated
30.9.3Jas1
convey and assure the meadow or parcels of meadow with appurtenances amongst other lands and tenements to
Grace
then wife of
Jn Hunwick
the elder for her life and after decease to
Wm Hunwick
one other of the sons of
Jn Hunwick
and to
Wm's
heirs which conveyance was concealed from
Rich Stoakes
as this defendant believes and
Wm
did some day after
1.8.1616
discover to
Rich
his right and interest in the meadow as this defendant believes and in consideration of 65li paid to
Wm
or to his use by
Rich
he
Wm
did covenant and agree with
Rich
and his heirs and assigns that he
Wm
and
Grace
should within ten years next ensuing convey the meadow or two parcels of meadow to
Rich
and his heirs forever as in and by certain articles indented dated
13.5.1617
and ready to be produced in this court it does appear and this defendant believes that afterwards and before such conveyance was made
Rich
died seised of the premises without an heir and the same did afterwards come to one
Robt Stoakes
and from him to one
Thos Stoakes
as his brother and heir and
Thos Stoakes
being seised of the crofts and meadow by a deed of feoffment dated
1.7.2Chas1
for 150li paid by
Hen Winne
in the bill did grant the said crofts and meadows to
Hen Winne
and his heirs as in and by the deed of feoffment ready to be produced in this court and duly executed by livery of seisin may more at large appear by virtue whereof
Hen Winne
was seised of the premises to him and his heirs and being so seised the said
Wm Hunwick
in performance of the covenant and agreements in the articles mentioned and on his own part to be performed in and by his deed of feoffment dated
3.10.2Chas1
did grant and confirm to
Hen Winne
and his heirs the meadow or two parcels of meadow called
Holmes alias Goldwires Obitelands
with appurtenances and
Wm
claiming as this defendant believes some interest in the crofts called
Kings alias Peacocks
did by the said deed bargain and sell to
Hen Winne
and his heirs all right and claim and demand of
Wm
of and in the crofts of land and appurtenances and by the deed did covenant and agree with and to
Hen
to do any other act by fine or otherwise for the better assuring of the premises to
Hen
and heirs as in and by the deed reference being thereunto had it doth more at large appear and
Wm
with
Edith
his wife in further performance of the recited article and of the covenant under further consideration of 10li as this defendant hopes to prove pay to the said
Edith
levied and acknowledged one fine before the justices of the court of common plea at Westminster to
Hen Winne
and heirs for the crofts and meadow together with other lands by the name of 10a of land 10a of meadow and 10a of pasture with appurtenances in Earls Colne and White Colne upon which fine proclamations were made according to the form of the statute in case made and provided as does by the records of the court of common pleas it does more fully appear and at this time of the levying of the fine and of the proclamations
Jn
the elder and the complainant were within the realm of England and of full age and out of prison as this defendant believes and
Hen Winne
being seised of the closes and meadows with appurtenances the said
Hen
for seven score and fifteen pounds
to him in hand paid by
Thos Parrish
in the bill and by his deed of feoffment duly execute grant and convey the crofts of meadow or parcels of meadow so devised# to
Thos Parrish
and heirs as by deed of feoffment and conveyances thereof made and produced by virtue whereof
Thos Parrish
was seised of the premises and being so seised did by his deed of feoffment and in consideration of nine score and five pounds
of money paid to him by
Thos Grimwade
of Liston in Essex grant and convey the crofts of land and meadow and appurtenances to
Thos Grimwade
and heirs as by deed of feoffment duly executed by livery of seisin had and ready to be produced in this court which the defendant does refer himself to does and may appear by virtue whereof
Thos Grimwade
was seised of the premises to him and his heirs and being so seised
Thos Grimwade
in consideration and love and affection to
Francis Grimwade
his son did grant and convey the premises to
Francis
as by the recited deed duly executed and ready to be produced it may appear by virtue whereof
Francis
was seised of the premises and further the defendant says he does not know that the several purchasers or any of them had notice of the original mortgage but if they had knowledge of the same this defendant does believe that they also had knowledge that the condition was released discharged and extinguished by the complainant's father and he further says that
Francis Grimwade
being seised of the premises
Francis
by his last will bearing date
2.11.1643
did give and devise the croft and meadows to
Grace
his then wife for life and after her decease to the defendant and his heirs as by the last will does more at large appear and shortly after he died so seised and after his decease
Grace
entered upon the premises and was seised thereof for the term of her life the remainder thereof to the defendant and his heirs expectant and
Grace
about two years since died and the defendant entered and was thereof seised to him and his heirs and he further says that
Rich Stoakes
Robt Stoakes
Thos Stoakes
Hen Winne
Thos Parrish
Thos Grimwade
Francis Grimwade
and
Grace
his wife did quietly and peacefully hold and enjoy the premises without any challenge claim and demand by
Jn Hunwick
the elder who died about
years since and the defendant has heard or by the complainant and therefore the said complainant as he the defendant is informed by his covenant after so long quiet possession the premises being conveyed one to another upon such just and valuable considerations and there being so many years past since the conveyance made to
Rich Stoakes
and since the fine was levied without any suit entry or claim and the complainant's father having released discharged or extinguished the condition as is before alleged as this defendant hopes to prove is now barred to make any claim or commence any suit either in law or equity for the premises all of which he humbly submits for judgement of this court as he further says that true it is that he has in his custody as well the recited deed and chirograph of the fine and other conveyances concerning the said premises which he does keep for the maintenance of his estate therein and true it is that the complainant about four months since and not be fore to this defendant's knowledge did make some demand of the premises as heir of his father and required the defendant to reconvey the premises to the complainant and his heirs and account with him concerning the profits thereof received thereof since the default of payment which this defendant has and does refuse to do as under the favour
of this court it is lawful for him to do but the defendant does deny that he claims any estate or interest in the premises or in any part thereof otherwise or in any other manner than by and under the conveyances and last will aforesaid nor that he has made any estate in the premises or any part thereof to any person or persons whatsoever other than one lease of the premises to one
Andrew Furmitee
of Colchester for the term of divers years yet to come or that he has given out in speeches that he will spend 500li or any other sum before the complainant shall have the premises but true it is that he has said he will defend his title to the premises and therein expend what sums he shall be enforced to expend by reason of any suit commenced by the complainant for the recovery of the same or used words to that effect and he does deny that to his knowledge
Thos Parrish
or any other of the persons aforesaid have felled or grubbed up or taken or carried away any timber wood or trees that grew upon the premises or made any profit of the premises other than yearly rents thereof which for divers years last past as well during the late troubles as since have not taxes and other charges deducted amounted unto the clear yearly value of 20nobles as the defendant believes and the defendant further says that the complainant as no time since his father's death lived near to White Colne and been able enough and as able as he is now to sue for the premises in case he did conceive himself to have right in the same but taking advantage of this defendant being newly come to the estate and thereby not so well acquainted with passages concerning the same and divers persons who were privy to all the passages and conveyances being now dead has preferred his bill of complaint and the defendant denies all combination charged upon him in the bill and to all other matte
rs in the bill says he is a stranger and knows nothing of the same without that any other matter or thing material etc