complaining Rich Heyward of Colne Engaine in Essex yeoman cousin and heir of Mich Heyward of Colne Engaine yeoman that is to say son and heir of Rich Heyward who was the eldest son and heir of Simon Heyward eldest brother of the said Mich who died without issue Mich Heyward in or about 1661 did lend unto Frances King spinster the sum of of money and for security of the payment thereof with interest it was agreed between them that there should be a lease for a long term of years made of a messuage and certain lands tenements and hereditaments called Offingtons or otherwise which stood in White Colne in Essex and forasmuch as at the same time they were in treaty for the absolute purchase of the inheritance of the premises therefore at the desire of Mich Frances King made a lease of the lands and premises unto Jn Heyward nephew of Mich for the term of one thousand years with a promise therein contained that the lease should be void upon payment of the sum with interest at a day then to come and long since past and within six or seven months after the lease made Mich for full and valuable consideration purchased the freehold and the inheritance of the premises to him and his heirs and there was accordingly a legal conveyance of the premises executed by livery of seisin made by Frances King to or to the use of Mich Heyward and his heirs that Mich Heyward after the lease and feoffment made until the time of his death which happened the day of last past did continually keep in his hands all the writings concerning the premises and particularly the lease for one thousand years and Mich from time to time received the rents of the premises to his own use without any account made to Jn Heyward and without any pretence of title claim or demand made by him to the lands or rents and the orator further says that Mich Heyward was in his lifetime possessed of a personal estate and monies of a value of 500li and upwards and put the greatest part thereof out at interest and took security of the payments thereof by bond and mortgages and conditional surrenders of copyhold lands payable to him and his executors administrators and assigns and that Mich having an affection to his heir and being very desirous to prefer him some years before his death did lend several sums of money unto divers persons most of them unknown to the orator and for the repayment of the money took several securities of the persons to whom he lent the same by several mortgages or surrenders of copyhold land which mortgages and surrenders of copyhold lands were conditioned for the payment of the respective sums therein contained to Mich Heyward his heirs and assigns and not to be paid to his executors or administrators as in and by the same had your orator them to produce more clearly and at large may appear and particular Mich Heyward lent unto Jn Austin alias Alston and his wife 8li and unto Jn Hubberd 10li unto Geo Potter 20li unto Jn Isaarson 20li unto Toby Leffingwell 10li all of which sums of money were secured to Mich Heyward by surrenders of their copyhold lands with provisos or condition therein respectively contained for the payment of the sums unto Mich his heirs or assigns or to him his heirs and assigns and divers others sums of money unknown to the orator were lent to several persons and secured to be paid with interest to Mich his heirs and assigns and were not limited to be paid to the executors or administrators all which said sums of money above specified and others unknown to the orator of the same nature and disposition ought by law to be paid to the orator as heir to Mich and not the executors or administrators of Mich the same being likewise the interest of Mich that the orator should enjoy them for that Mich gave express direction such as penned the mortgages and surrenders that the monies thereby secured should be paid to his heirs and not his executors and the orator ought quietly to enjoy the lands called Offingtons without the interruption of Jn Heyward but so it is that soon after the death of Mich who died intestate the said Simeon Heyward being one of his brother Simon Heyward's sons and next of kin attained administration of the goods and chattels of Mich by virtue thereof or other wise Simon Heyward and Margt his wife and Jn Heyward together with Jn Unwin of Colchester barber and Jn Clyatt of Colchester scrivener combining together they or one of them got into possession as well the lease for one thousand years the feoffment of Offingtons and all other the deeds evidences and writings concerning the same and also all conditional surrenders and mortgages made to Mich and though often in a friendly manner they have been requested to deliver up the deeds mortgages writings and conditional surrenders yet they and every of them did and yet do so refuse to do and refuse to let the orator or his counsel see and peruse the same and yet further to wrong and prejudice the orator they Simon Heyward Margt his wife Jn Heyward Jn Unwin and Jn Clyett by confederacy aforesaid or some or one of them have inveigled and persuaded Jn Austin Jn Isaacson Jn Hubberd Toby Leffingwell and Geo Potter and divers other persons unknown unto the orator who for money lent did make several mortgages and conditional surrenders to Mich for security of the same monies lent which monies were by the same mortgages or conditional surrenders payable to Mich his heirs or assigns and not to his executors or administrators to conceal and suppress their several mortgages and conditional surrenders some whereof were forfeited to Mich in his lifetime and others forfeited or unpaid since his death and have compelled the mortgagers and surrenderers by threatenings or otherwise to pay the monies due upon the same to Simon Heyward or to make him new mortgages or surrenders for the same pretending that the monies due and secured thereby were in right due and payable to Simon as administrator whereas the same by law and words of the said several provisos and conditions in the mortgages and surrenders contained and by the intent of Mich ought to be paid to the orator who is his heir and Jn Heyward by virtue of the lease for one thousand years claims the lands Offingtons and denies to deliver up or assign the same to the orator sometime pretending that he paid money to Frances for the same although if he did Mich paid him the money again and albeit he very well knows that Mich at the time of his death was not indebted to any person and left assets besides the lease to the value of 300li which he does enjoy and that the lease was in trust for Mich and his heirs and to be attendant upon the inheritance of the lands all which matters and things are contrary to equity and good conscience in tender consideration whereof and forasmuch as the orator knows not the particular dates contents and other certainties of the deeds writings mortgages and conditional surrenders and knows not the particular monies lent and secured as aforesaid nor can discover the same without the help of this court and to the end that the confederates and every of them may be thereby compelled to deliver the deeds and writings mortgages and conditional surrenders unto the orator and to pay all such monies by them or any of them received which were secured to Mich by mortgages of freehold lands or surrenders of copyhold lands and tenements with condition for payment of the same to Mich his heirs and assigns and to deliver the new mortgages or surrenders by them or any of them obtained for monies as were lent by Mich and agreed to be paid to him his heirs and assigns that Jn Heyward may be compelled to assign over or surrender the lease for one thousand years to the orator and to the intent that the confederates and every of them may true answer make to all and singular the premises as certainly particularly and as fully as if they and every of them were particularly interrogated to the same and that the orator may be relieved in all and singular the premises according to equity and good conscience may it please your lordship to issue writ of subpoena to be directed to Simon Heyward Margt his wife Jn Heyward Jn Unwin Jn Clyett and every of them to appear etc Jn Eldred