the orator Thos Clark of Colchester in Essex merchant that whereas one Jn Hunwick the elder of Earls Colne yeoman was seised to him and his heirs of and in one messuage or tenement in Earls Colne aforesaid and of certain lands or tenements to the said messuage and tenement belonging called Littmans and Giffords or otherwise and was also seised in certain crofts or quillets called by the name of Kings otherwise Peacocks and of a certain meadow or two parcels of land called Holmes otherwise Goldwires Obitelands with appurtenances in White Colne and Jn Hunwick being seised by his deed bearing date about .9.3Jas1 and for good considerations did convey and assure the meadow and two parcels of meadow called Holmes alias Goldwires Obitelands and the messuage and lands Littmans and Giffords with appurtenances to the use of Grace his then wife for life and after to Wm Hunwicke younger son of Jn forever or did make some other conveyance to or to the use of Wm and his heirs in possession or remainder as by the deed or conveyance if your orator had the same to show it does and may appear to which deed or conveyance Jn Hunwicke the younger son and heir of Jn Hunwicke was party or privy thereunto or had notice and knowledge of and the orator further shows that afterwards Jn Hunwicke the elder and Jn Hunwicke the younger having occasion to borrow 100li they pretending themselves or one of them to be the lawful owner or owners of the crofts or parcels of land Kings alias Peacocks and the said meadow and two parcels of meadow Goldwires Obitelands and that they or one of them had good estate in fee simple in the same concealing the deed and conveyance made as aforesaid they Jn Hunwicke the elder and Jn Hunwicke the younger in and by their deed of feoffment bearing date 1.8.8Jas1 between them Jn Hunwicke the elder and Jn Hunwicke the younger on the one part and Rich Stoakes then of Copford and afterwards of Lawford in Essex yeoman on the other part for consideration of 100li paid by Rich Stoakes did grant bargain sell enfeoff and confirm to Rich Stoakes and his heirs to his use the said crofts or quillets of land Kings alias Peacocks and the meadow or two parcels of meadow called Goldwires Obitelands with appurtenances containing together 15a and Jn Hunwicke the elder and Jn Hunwicke the younger did in and by the deed for themselves and their heirs executors and administrators covenant and grant to and with Rich Stoakes his heirs and assigns that they or one of them were the true and very owner or owners of the said crofts or quillets of land and the meadow or parcels of meadow and were thereof seised in good and lawful and absolute estate in fee simple and had good power to grant and convey the same and that the same were clear and free of all former grants sales troubles or encumbrances whatsoever in which said recited indenture there is a proviso or condition and it is thereby covenanted that if Jn Hunwicke the elder or Jn Hunwicke the younger or their heirs etc should pay or cause to be paid to Rich Stoakes his heirs etc the sum of 100li on 1.8.1616 at or in the porch of the parish church of Copford that the said indenture or delivery of seisin thereupon should utterly cease and be void to all intents and purposes and in and by the indenture the said Jn Hunwicke the elder and younger did covenant for themselves their heirs etc to and with Rich Stoakes his heirs etc that if default should be made in payment of the 100li that they their heirs and assigns should deliver to Rich Stoakes etc upon his request the deeds evidences and writings touching the premises which they or either of them then had or might come by without suit at law and should do any further act or acts for the absolute conveying of the crofts and meadow to Rich Stoakes as in and by as in and by the indenture of feoffment duly executed by livery of seisin thereupon had and delivered and ready to be produced in the honourable court as may appear which crofts and meadow were then of the yearly value of 8li and not above and the orator further shows that the 100li or any part thereof was not paid according to the proviso or condition or otherwise but shortly after or not long before the breach of the condition Jn Little gentleman and others claimed some interest in the premises by virtue of some conveyance made by Jn Hunwicke the elder and Jn Hunwicke the younger or one of them and one Jn Clark did pretend some title to the crofts and meadow in the indenture and by virtue of some conveyance to him made by Jn Hunwicke the elder and Jn Hunwicke the younger and did seal a lease of the same to one Jn Hutt who brought an action of trespass and ejection firma against Rich Stoakes for recovery of possession of the crofts and parcels of meadow Wm Hunwicke did then and not before discover to Rich Stoakes his interest in the meadow or two parcels of meadow by virtue of the first recited deed or covenants and claimed the same in remainder after the death of Grace or otherwise and thereupon Rich Stoake for the purchase of the interest of Wm and Grace of and in the meadow or parcels of meadow did upon or about the .5.1617 pay to or for the use of Wm Hunwicke the sum of three score and five pounds (65li) more of money and Wm in consideration thereof did covenant and agree with Rich Stoakes that he Wm and Grace at any time within ten years next ensuing would convey the meadow or two parcels of meadow with appurtenances and their and either of their interest in the estate to Rich Stoakes heirs etc forever as in and by articles indented bearing date 13.5.1617 made between Rich on the one part and Wm on the other part ready to be produced in this court it does appear of which articles of agreement and the payment of the 65li Jn Hunwicke the father and Jn Hunwicke the son had knowledge and were privy to and in consideration of which did agree that Rich his heirs etc should have the crofts and meadow absolutely and discharged of the condition thereby they might not be sued by Rich Stoakes upon breach of the covenant in the deed of mortgage which otherwise Rich Stoakes intended to do and afterwards and before any conveyance made by Wm Rich Stoakes died without heirs having expended divers sums of money as well in defending his title to the mortgage premises against Jn Clark and his leasee and against Jn Little to whom also the premises were mortgaged by Jn Hunwick the father and Jn Hunwick the son or either of them after whose decease the crofts and meadows did descend to Thos Stoakes his brother and heir and Thos Stoakes being seised of the crofts and meadow in and by his deed of feoffment bearing date 1.7.2Chas1 and in consideration of 150li in money to him in hand paid by Hen Whynn the elder of Wormingford in Essex grant the crofts or quillets of land and the meadow with appurtenances to Hen Whynn and his heirs as by the deed of feoffment duly executed and ready to be produced in this court it does appear by virtue whereof the said Hen Whynn was seised to him and his heirs and afterwards Wm Hunwick in performance of the covenant and agreement in the article indented and mentioned and in consideration of a competent sum of money to him paid by Hen Whynn in and by his deed of feoffment bearing date 3.10.2Chas1 did grant enfeoff and confirm to Hen Whynn and his heirs the meadow or two parcels of meadow called Holmes alias Goldwires Obitelands with appurtenances as by the deed of feoffment and by one fine thereof levied by the said Wm and Edith his wife to the said Hen in the court of common pleas in Westminster it does and may more fully appear to which said Edith Hen did give and pay 10li for her consent in levying the fine as Jn Hunwicke the elder and Jn Hunwicke the younger did well know the said Hen being by virtue thereof lawfully seised to him and his heirs Hen in consideration of seven score and fifteen pounds of lawful money (155li) paid to him by Thos Parrish of Nayland in Suffolk clothier by his deed of feoffment dated 3.10.2Chas1 did grant and convey the crofts or quillets of land and meadow or parcels of meadow with appurtenances to Thos Parrish his heirs etc forever as by deed of feoffment ready to be produced in this court it may appear by virtue whereof Thos Parrish was seised of the premises to him and his heirs and being so seised by his deed of feoffment bearing date 10.11.7Chas1 and in consideration of nine score pounds (180li) to him paid by Thos Grimwade of Lyston in Essex yeoman did grant the crofts or quillets and the meadow to Thos Grimwade his heirs etc as by the deed of feoffment ready to be produced it may appear by virtue whereof Thos Grimwade was seised to him and his heirs and being so seised be by his deed of feoffment bearing date 20.12.14Chas1 and in consideration of the natural affection which Thos did bear to Francis Grimwade his son did grant and convey the crofts and meadows with appurtenances to Francis Grimwade his heirs forever as by the deed of feoffment etc ready to be produced and Francis was seised and being so seised he Francis by his last will and testament in writing bearing date on or about 2.11.1643 did give and bequeath the crofts or quillets and meadow amongst other things to Grace his then wife for life and after her decease to the orator and his heirs as by the last will and testament it appears and shortly afterwards Francis died and after his decease Grace entered upon the premises and was seised for life the remainder as aforesaid to the orator and Grace afterwards that is to say about two years since died so seised after whose decease the orator entered upon the premises and was and is seised to him and his heirs the orator further shows that Rich Stoakes Thos Stoakes Hen Whynn Thos Parrish Thos Grimwade Francis and Grace his wife did hold and enjoy the crofts and meadow and appurtenances without any challenge claim or demand from Jn Hunwicke the father who died forty years since or by Jn Hunwicke the son who ever since the decease of his father has lived in Earls Colne in the next parish the parish of White Colne or in some parish near thereunto but now Jn Hunwicke combining and confederating himself with Rich Caplyn of Earls Colne who has married the daughter of Jn Hunwicke the son has lately purchased of one Hunwicke son and heir of Wm Hunwicke the messuage and lands called Littmans and Giffords and by that or some other means they or one of them having got into their hands the deed or purchase whereby Jn Hunwicke the father purchased the croft and meadows of one Eliz Ennewes and divers other ancient deeds concerning the premises only and the said deed bearing the date on or about .9.3Jas1 whereby the lands called Littmans alias Giffords and the two parcels of meadow were conveyed as aforesaid to the use of Grace the wife of Jn Hunwicke the father for her life and after her death to Wm Hunwicke and his heirs or the conveyance whereby the crofts and meadow with the messuage and lands were conveyed to Wm Hunwicke and his heirs in possession or reversion do now give out in speeches and pretend that Jn Hunwicke the father did not at any time convey the meadow to Grace for life and after her death to Wm and his heirs nor did make any other conveyance thereof to or to the use of Wm but that Jn Hunwicke the father and Jn Hunwicke the son or one of them at the time of the conveyance made to Rich Stoakes by way of mortgage were thereof lawfully seised in their demesne as of fee to them and their heirs or to the heirs of one of them and thereupon Jn Hunwicke the younger had lately exhibited his bill of complaint against the orator in this court to be relieved concerning the mortgage and the orator may account with him concerning the profits thereof and may reassure the premises mortgaged to Jn Hunwicke and his heirs in consideration of all which premises and forasmuch the orator knows not the certain date of the deeds whereby the premises was conveyed to Jn Hunwicke the father nor the certain dates of the deeds whereby the meadow was conveyed to Grace for life remainder to Wm and his heirs or otherwise to Wm and his heirs nor whereby the same be in box or chest open sealed or locked nor has any remedy for the deed of conveyance made by Jn Hunwicke the father whereby the meadow was conveyed for the use of Grace for life and after her decease to the use of Wm Hunwicke and heirs or otherwise to Wm and heirs the same concerning not only the meadow but also the messuage and lands called Littmans alias Giffords now the inheritance of Rich Caplyn as he pretends yet has as interest to the said deeds concerning the estate of the orator without producing the same the orator not knowing the names of the witnesses to the same cannot plead the same and is remedy less by the rules of common law of the realm and is only relievable by the equity of this court to the end that Jn Hunwicke and Rich Caplyn may answer you upon their corporal oaths whether they or one of them have not nor had at any time heretofore the ancient deeds and the deeds of conveyance of the meadow to Grace and Wm or any other deed or writing concerning the premises or any part thereof to the use of Wm and his heirs and where they are and in whose possession and that the same may be produced in this court so that Jn Hunwicke may answer whether the conveyance of the meadow to the use of Grace and Wm was not made as aforesaid and what conveyance was thereof made to Wm and his heirs and whether he has not the deed of conveyance and whether he did not know the same at the time of the mortgage to Rich Stoakes and whether the same were not mortgaged to Jn Clark and his heirs to Jn Little and his heirs or otherwise by Jn Hunwicke the father and Jn Hunwicke the son or one of them and what other mortgages or estates were made of the same and whether he has not lived in Earls Colne or near thereunto always or for the greatest part of the time since the mortgage was made and whether he did not know or was privy to the payment of 65li to the use of Wm and the 10li to Grace (sic) his wife and whether Wm did not afterwards convey the meadow to Wm Whynn (sic) and whether he did at any time or his father before him did at any time make claim to the premises mortgaged before the exhibiting of his bill of complaint and when and to whom he made any claim and that Jn Hunwicke may release his right to the premises and that Jn and Rich may answer all other premises upon their corporal oaths that the orator may be therein relieved according to equity may it please your honour to grant writ or writs of subpoena etc