Chancery Depositions (C5 582/1 Eliz Jacob v Robt Jacob)

1668 (1668)

document 16800352

Wm Wogan of Grays Inn Middx esq and your oratrix dame Eliz Jacob his wife formerly the wife of sir Jn Jacob late of Romney in the said county knight (torn) Margt Jacob the only daughter of the said sir Jn Jacob and dame Eliz an infant by the said Wm Wogan her guardian and next friend that whereas the said Jn Jacob being seised of and in all that manor of Woodbury alias Westthorpe (torn) of Cambridge and Huntingdon or one of them and of and in those several manors or lordships of Temple Combe and the site of the capital messuage of the manor or late commandery of Temple Combe aforesaid also Abbas Combe (torn) of Eastern alias Enston and also of and in the manor or lordship of Hentrix alias Hengstridge with their and every of their rights members and appurtenances in the county of Somerset also in two several and Norton perquisites appurtenances of the same thereto belonging in the county of Dorset Wilts and Somerset aforesaid or some of them and moreover all that moiety or half of all the manor or lordship of Poplar and Bromley in the county of and every of their rights members and appurtenances in the said county of Middx and also of and in the manor or site of the manor of Stansted alias Stansted Hall the manor house called Stansted Hall and all the two messuages or tenements with appurtenances called Kendal's Farm situate in Earls Colne together with their and every of their rights members and appurtenances and several messuages outhouses gardens lands meadows and profits and hereditaments (torn) several other messuages lands tenements and hereditaments in the said several counties in England in his demesne as of fee and of fee tail etc of several leases for years by him conveyed or purchased in the name of several other persons in trust for him or to his use after the of such part of the premises where there were any such leases in being all said premises (torn) worth so many pounds and upwards and your orator and oratrix further show unto your lordship that the said Jn Jacob being so seised about seventeen years since upon treaty of marriage then to be had and solemnized between him and your oratrix dame Eliz (torn) Ashburn your said oratrixes late mother deceased to settle upon your said oratrix for her life so much of the said premises as would amount to 500li per annum and to some such yearly rent or some for her jointure or otherwise your said oratrix was to have and enjoy the dower of all the said in regard that the said sir Jn Jacob then stood bound and engaged together with others late farmers of the customs in London in about two hundred thousand pounds by them borrowed for the use and lent to our late sovereign lord king Chas1 whereby (torn) encumbered with the same and also in regard that he had thenceforth made a lease of most of the said premises to one Robt Jacobs esq brother of the said sir Jn Jacob for the term of sixty years or some other long term of years and also transversed over leases of (torn) the said premises to be conveyed unto the said Robt Jacob and others or purchased the same into his or their names in trust for him and the said sir Jn Jacob and his heirs for the security of some small sum of money which he the said sir Jn Jacob had and borrowed of the said Robt Jacob to prevent the persecution of the said creditors during the late troubles he the said sir Jn Jacob promised to settle the said jointure upon your oratrix dame Eliz as soon as he could pay off or purchase in some part the said great charges and encumbrances then charged upon the said estates (torn) but the said Robt Jacob and other persons his trustees should transfer the said lease and leases bought or taken in their names or conveyed to him to the intent aforesaid to which the said Robt Jacob was privy and agreed to the same and not long after the said sir Jn minding his said promises and intending to perform the same did together with the said Robt Jacob sell and disburse several parcels of the said hundred manors and lordships mentioned being situate in the county of Somerset Dorsetshire Wilts and also received several great sums of money for leases and granting of estates to the copyhold tenants of the said manors for three lives and otherwise whereby they the said and said Jn and Robt Jacob received and levied near twenty thousand pounds wherewith the said pretended debt of the said Robt Jacob was satisfied and paid or might have received the same having a lease of the said premises or a great part thereof the said sir Jn Jacob could not sell or renew any lease without his concurrence and the said sir Jn Jacob also satisfied and discharged several judgements statutes and other encumbrances to the value of above 16000li there got and procured such judgements statutes mortgages encumbrances to be transferred and conveyed over to the said Robt Jacob and others to be kept on foot and undischarged upon record for the benefit of himself and your oratrix dame Eliz after his decease and your orator and oratrix further show that since his his majesties most happy restoration he the said sir Jn Jacob became again one of his commissioners farmers of his said majesties customs and his said majesty taking into consideration the great suffering of the said sir Jn Jacob and others old farmers of the said customs out of his special grace and favour by his letters patent under the great seal of England and by his privy seal and tallies thereupon struck levied and allowed of granted to the said sir Jn Jacob and others the said farmers two hundred thousand pounds for the discharging and satisfying of the rest and residue of the said great debts by them contracted for his said late majesty and for their reimbursement and satisfaction of such sums of money as they had lent or paid for his said late majesty to be received and deducted by them out of the rents payable to his now majesty upon the said farm by them taken of his said now majesty which they or some others on their behalf accordingly received and disposed of in payment and satisfaction of the said debts or the said sir Jn Jacob might have received and disposed of the same accordingly and your orator and oratrix further show unto your lordship that the said sir Jn Jacob having by the means aforesaid cleared all his estate of and from the said encumbrances excepting about 3000li or some other suchlike sum and minding his said promise and agreement upon his marriage with your said oratrix for settling a good and indefeasible jointure on her and also for settling of other part of the said premises upon sir Jn Jacob his son and heir apparent and Kath his then intended and now wife he the said sir Jn Jacob the elder together with the said Robt Jacob and the said sir Jn his son and heir by the name of sir Jn Jacob esq son and heir apparent of the said sir Jn Jacob by their indenture bearing date on or about the 26.4.16Chas2 made between them the said sir Jn Jacob and your oratrix then his wife the said Robt Jacob and sir Jn Jacob the son of one part the right honourable Wm lord Allington Eliz lady Allington mother of the said Wm lord Allington and the honourable Kath Allington daughter of the said Eliz lady Allington the then intended and now wife of the said sir Jn Jacob the son sir Leonard Talmach late of Helmeingham Suffolk baronet deceased and sir Thos Leventhorp of Shingle Hall Herts baronet of the other part covenant concluded and agreed that the said sir Jn Jacob your oratrix his then wife Robt Jacob and sir Jn Jacob the son should and would on that side and before the end of trinity term next ensuing the date thereof by one or more fine or fines sur cognisance de droit come ceo to be duly had and levied before his said now majesty's then justices of the court of common pleas at Westminster with proclamations thereupon to be had according to the form and statute in that behalf made grant and convey unto the said Wm lord Allington and Eliz lady Allington their heirs and the heirs of them by apt and convenient names and descriptions and numbers of acres all singular the said manors lordships hundreds capital houses messuages farms lands tenements etc in the several counties of Cambridge Huntingdon Wilts Dorset Essex and Middx and every of their rights members and appurtenances and also all singular houses buildings barns stables etc all services in the places Woodbury alias Westthorpe Gamlingay in Cambridge and Huntingdon and in Temples Combe Abbas Combe Enston alias Endstone Henxtrix alias Hengstridge Witchhurch Waston Storbridge and every of them in the county of Somerset Bromley and Poplar and in Stansted Halstead Stisted and Earls Colne and Colne Engaine and every other of them elsewhere in the said county of Essex which then were late before the lands and possessions of the said sir Jn Jacob and fines to be levied and paid etc all these to sir Jn Jacob for his natural life and immediately from and after his decease to the said intent that your oratrix the said dame Eliz and her assigns might out of all and singular the said manors and premises etc aforesaid except before excepted and also other than the mansion house in Bromley wherein the said Robt Jacob then dwelt have and receive yearly and every year during her natural life the yearly rent or sum of 400li at or upon the four most usual feasts of the year etc by even portions the first payment to begin and be made which ever of these feast days should happen after the death of Jn Jacob and to the further use and intent that if it should happen that the said annual rent or sum of 400li or any part be behind and unpaid in the space of 10days next after either of the said days wherein the same is limited it should be lawful for your oratrix dame Eliz and her assigns into the said manor and premises to enter and take distresses to drive carry away or detain to keep until the said annual rent of 400li with arrears be satisfied and paid concerning the house in Bromley aforesaid in the possession of Robt Jacob the said fine and fines should insure the said conusees should stand be seised thereof to the use of your said oratrix for and during the term of her natural life which said yearly rent of 400li and the said messuage etc are thereby declared to be to your oratrix dame Eliz in the name and nature or jointure and in lieu and recompense of her dower and the said sir Jn Jacob the father thereby covenanted that the said premises were free of all encumbrances except the sum of 3000li or some such like sum which were comprised to certain schedule annexed to a certain deed poll dated the day before the date thereof or of some other date as in and by the said recited deed if your oratrix could produce the same relation being had and may at large appear and your orator and oratrix say that several fines were accordingly levied and executed by and between the said parties according to the true intent and meaning of the recited deed by virtue whereof the aforesaid uses and all other uses in the said indenture comprised were well raised and not long after the said sir Jn Jacob the son and Kath Allington intermarried and all or most of the said debts in the said schedule mentioned and in the recited deed excepted were satisfied and paid and about three years since the said sir Jn Jacob your oratrix dame Eliz said late husband died having first made his last will and testament in writing and thereof constituted the said sir Jn Jacob the son sole executor and after whose death your said oratrix dame Eliz by virtue of the said recited conveyance and settlement and of the statute for transferring uses into possession became seised of the said messuage and premises in Bromley aforesaid and the said recited rent charge of 400li for the term of her natural life etc she received the same from sir Jn Jacob the son and Robt Jacob or the tenants of the premises charged and chargeable with this and your orator and oratrix further show that the said Jn Jacob the father did before his death by deed poll bearing date =.8.17Chas2 did assign and transfer unto the said Jn Jacob the son certain letters patent privy seals and tallies thereupon levied and struck all singular sum and sums of money by them allowed or payable or therein mentioned and contained which at the time of the date of the said deed poll were unpaid being 9437li7s4d the remainder of a greater sum by the said now majesty to him granted together with all such benefit as the said sir Jn Jacob the father might have by virtue of the said letters patent privy seal and tallies nevertheless in trust and the said sir Jn Jacob the son thereby or by an indenture of seisin bearing equal date or within four days after covenant and grant in consideration thereof and for considerations to and with the said sir Jn Jacob the father his executor and assigns the said sir Jn Jacob the son his heirs executors and administrators should and would pay or cause to be paid to your said oratrix Margt Jacob out of the said monies so assigned to him or otherwise out of his own estate the sum of 3000li when she should accomplish the age of eighteen years and in the meantime from and after the decease of Jn Jacob the father should pay or cause to be paid and allow unto your said oratrix dame Eliz and Margt Jacob or one of them for the maintenance of your said oratrix Margt Jacob the further sum of 100li by quarterly payments at the said four most usual feast of the year etc but sir Jn Jacob the son and Robt Jacob having got into their hands the recited deeds and conveyances whereby the said rent charge of 100li per annum respectively were granted conveyed and agreed to be paid etc and all other things etc by combination and confederacy among themselves with the said Wm lord Allington and Eliz lady Allington Math Parker of Cheltenham in the county of Glos gentleman Jn Holliday of Bromley aforesaid esq and with several others the pretended creditors of the said sir Jn Jacob the father deceased and others as yet unknown unto your oratrix who they pray may be made parties hereunto and their names be indented herein when discovered with apt words to charge them do not only refuse or neglect to pay your orators Wm Wogan and dame Eliz Jacob his said wife the said 400li settled for the jointure of the said dame Eliz as aforesaid and the said 100li unto or for the maintenance of your oratrix Margt Jacob and the arrears of the same respectively amounting in the whole to above 800li but also do pretend and give out in speeches that the manors and premises charged and chargeable with the said 400li per annum for your oratrix dame Eliz Jacob said jointure or the greatest part thereof were by indenture of demise bearing date the day or some few days before the date of the said recited settlement whereby the said Jn Jacob granted and settled as afore said granted demised by the said sir Jn Jacob the father to Robt Jacob and sir Jn Jacob the son unto the said Math Parker his executors or assigns for the term of sixty years thence next ensuing or for some such term nevertheless in trust for the said Robt Jacob and Jn Holliday their executors and assigns for the security of 4000li to the said Robt Jacob and of =000li more for the said Jn Holliday pretended to be by them lent unto sir Jn Jacob the father and that the said lease was excepted in the said settlement whereby the said sir Jn Jacob covenants with the said lord Allington and lady Allington that the same were free of encumbrances and to give a better colour to such their pretences the said confederates do also pretend and give out in speeches that the said manor and premises or the greatest part thereof are not liable to the said rent charge and that the same was not well created at law for that at the time of the said settlement and granting of the said rent charge all or most of the said hundreds manors lands and premises herein before mentioned to be in the said several counties of Somerset Wilts Dorset were in lease for three lives and the greatest part of the same are copyhold lands moreover that he the said sir Jn Jacob the father at the same time had an estate for ninety nine years or some long term in the manor and chief messuage house rentaries premises mentioned to be in Poplar and Bromley aforesaid in the county of Middx and that he had purchased the reversion of the same or some part thereof in some or one of the confederates names or in the name of some other person in trust for him and consequently he the said sir Jn Jacob deceased had no freehold in him whereupon the said grant might operate at law and also that when he the said sir Jn Jacob purchased the said manor lands and premises in the said counties of Cambridge and Huntingdon the same or the greatest part thereof were mortgaged to several persons for several long terms of years yet to come and that he bought in those lease or mortgages in the name or names of some or one of the said confederates or of some other person or persons in trust for him or them or that the same were bought by such persons by him appointed and entrusted for that purpose with the monies of the said sir Jn Jacob deceased and that the said terms for years are still kept on foot and that the said sir Jn Jacob the father had a reversion in him so that the said rent charge cannot take effect to charge the said last mentioned premises until the said leases and mortgages for year be determined and not being satisfied therewith the said confederates do also pretend several precedent judgements and other encumbrances chargeable on the said premises are still unsatisfied and give out in speeches that they will in such encumbrance to interrupt your orator Wm Wogan and his said wife and thereby to prevent prejudice or hinder them the receiving of the said annuity or rent charge of 400li and arrears thereof whereas in truth the said pretended lease made to the said confederate Parker was made without any valuable consideration and merely fraudulent to prevent some small encumbrance then unsatisfied and it appears to be so that the said Robt Jacob had a former fraudulent lease as aforesaid to prevent the violence of the said creditors of the said sir Jn Jacob deceased during the late troubles so that the said lease was made to him or in trust for him if any such were really made for no other end or purpose or any other money was ever lent by the said Robt Jacob to the said sir Jn Jacob the same were or might be long since satisfied for that during all or most of the late trouble the said Robt Jacob under the pretence of the said former lease mentioned to be made to him for security of 4000li before and during the late troubles he the said Robt Jacob enjoyed all or most of the real estate of the said sir Jn Jacob and made or joined with the said sir Jn Jacob to sell and make several leases upon great fines whereby he or they levied or received above two hundred thousand pounds (torn) said settlement whereby the said rent charge be granted the said confederate Robt Jacob have alone or together with others with the other confederate sir Jn Jacob renewed and made several other leases and sold or contracted and agreed to sell part of the said premises in the several counties of Somerset Wilts and Dorset Cambridge Huntingdon aforesaid and thereby made about 7000li more out of which also such monies were really due he doth or might have really satisfied himself and the said Jn Holliday there being but 400li being pretended to be due to him or unpaid when the said sir Jn Jacob died and also the said Robt Jacob ought not in conscience to set up the said pretended lease to the prejudice of your orator and oratrix or any of them if the same were really and bona fide made for that he was party to the said settlement and conveyances whereby the said rent charge was granted as aforesaid which ought to bind him (rest summarized she wants to know what debts were left to be paid by sir Jn Jacob deceased on account of the said late king and what leases have been made and to whom or what money is to be received from them etc)