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Chancery Depositions (PRO C8/331/142 Thos Rayner v Jn Carter)

27.5.1668 (Wednesday 27 May 1668)

document 16900005

Thos Rayner complainant of Earls Colne yeoman shows that one Jn Carter of Earls Colne yeoman going forth a soldier or some other occasion had made letter of attorney or some other lawful authority to his father Robt Carter to lease a certain messuage Great Cowland 11a which Jn Carter pretended to be his own inheritance in Earls Colne to take the rent Robt Carter in 1657 by indenture did let the messuage to Rayner for seven years from michaelmas.1657 at 8li per annum to be paid at annunciation and michaelmas in equal parts as to keep it with thatching tiling daubing and glazing and other repairs Rayner entered and held it for seven years and left up the same at michaelmas.1664 at the end of the term having paid the rents and made all even with Robt for taxes etc the next day after michaelmas.1664 Jn Carter came to the messuage pretending to enter the messuage and they had a parley and Carter promised to make Rayner a new lease for nine years on similar terms and at the same rent of 8li he left Rayner in possession and because the new indentures could not at once be drawn Carter persuaded Rayner to go to a neighbours house nearby who could write and make a bond in the penal sum of 100li or some other large sum on condition that Rayner should not fell any trees or waste or spoil housing or some such until the proper indenture could be made and sealed he promised the indenture within one month of his charge to be made by one mr Giles Lagden and on the sealing of them the bond would be cancelled Rayner trusted him and was ignorant so he sealed the bond and expected the lease within a month he often went to see Jn Carter and mr Lagden and asked for the indenture of lease and he gave away the lease which had been made by Robt Carter or Robt Smythe to him which he doesn't now remember surrendering# the same to mr Lagden but the lease is since lost but Jn Carter having got him into bond refuses to go to Lagden and led him on with delays and excuses for a year he let Rayner stay on the messuage and pay his rent but Rayner said if he hadn't soon got his lease he would leave the farm at the end of two years viz michaelmas.1666 and accordingly he did he gave the key and Jn Carter took possession and has held it ever since Jn Carter was entreated that they come to a reckoning and become# and the bond to be delivered but he would not do this Rayner had paid in the two years in rent and taxes three sums of money viz 5li8s for thatching 1li michaelmas.1666 4li10s for the lord rent to Rich Harlakenden for two years 12s4d for three months tax 5.7.1665 2s1d for 28.11.1665 for three months tax 2s1d 25.12.1665 three months tax 2s1d 24.4.1666 for three months tax and an addition 3s7d 1.8.1666 three months tax and addition 3s10d michaelmas.1666 for three months tax and addition 3s10d all paid to collectors Carter promised Rayner to repay the last sum of 3s10d item paid first half years rent without deduction 4li item for thatching and ditching 6s6d item for tumberling muck and suchlike onto Carter's land 1li item for lime and hair 2s6d item for one days work for a mason 18d item for removing a pair of stairs on Jn Carter's order 3s item for small faggots called titts delivered to goodwife Kendall by Jn Carter and on his promise to pay 4s6d all which amounts to 17li= s6d and so Carter has been over paid for two years rent which is 16li18s6d so ought to repay Rayner Carter has refused to settle their accounts though Rayner has got several honest neighbours to mediate Jn Carter having craftily got the bond and refusing to give it up has put the same in suit and about hilary term 1667 took out a writ and sent bailiffs to arrest Rayner and in trinity vacation 1667 bailiffs came to take him in execution as they gave out upon a judgement pretended to be entered in king's bench which was done without Rayner's knowledge and he had no attorney in the court representing him if there was such a judgement it was got fraudulently with confederates and Rayner himself should sue because Carter entered the messuage when he was in possession for the two years and carted away wood and gates and faggots fencing in a cow yard and scrayed Rayner's corn with horses and wagons and destroyed fences and laid grounds open thus losing him much profit and yet he overpaid his rent by Carter's dealings Rayner has lost his work for a long time and loss of earnings is 10li and is likely to lose all the summers work for fear of being arrested and imprisoned he cannot plead about the bond nor can he prove the nine year lease nor that he left the farm after two years nor prove his payments for want of witnesses who are either dead or left hopes Carter will confess