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Court of Requests (PRO REQ2/105/12 Edw Sibthorpe of Braintree v: Xoph Sibthorpe Math Everard and wife Roger Harlakenden etc 1591-2)

30.5.1591 (Sunday 30 May 1591)

document 19600106

says that about 7years last past he was lawfully possessed of one hop ground called Chiffing in Earls Colne for 14years then to come and unexpired by virtue of a demise and lease made by Roger Harlakenden esq of Earls Colne which hop ground did then and does contain 8a and was worth to him with rent an all other charges and reprises deducted at the least 40li or 50li yearly during the time he had the use and occupation thereof and yet continues and so is like to the end of the term to the like value and he being possessed having borrowed of one Xoph Sibthorpe of Middle Temple in London gentleman his brother 40li and he being minded at that time to do her majesty's service in the low country wars he for the security and discharge of Xoph Sibthorpe his brother for the 40li assigned over to Xoph all rights titles and interest which he then had in the hop ground to Xoph Sibthorpe and his assigns nevertheless upon the condition trust and confidence that whensoever Xoph Sibthorpe should of the profits of the hop ground be satisfied of the sum of 40li then he the complainant on his return from the low countries or at any other time else might enter and have the ground and the commodity thereof together with all the arrearages of the assignment or any other matter to the contrary notwithstanding by force whereof Xoph entered and was possessed and being so possessed in as much as Xoph of himself had not sufficient knowledge or skill for the occupation of the hop ground being all his lifetime trained up in learning made one Wm Stammer his brother in law bailiff of the hop ground and for defraying the charges till the years end payment of the rent and his trouble granted unto the said Wm Stammer one annuity of 20marks by force whereof Xoph Sibthorpe long since was satisfied of his 40li and he Wm Stammer in the like time in his bailiffship in rendering false accounts to Xoph Sibthorpe received double thereof to his great commodity and to this complainant's great loss and hindrance nevertheless that although Xoph was satisfied of the 40li aforesaid and Wm Stammer had received far greater profit to his own use whereby then and now the interest together with all the profits of the hop ground in all reason and equity did and in justice do appertain to him this complainant yet Wm Stammer well knowing all the premises and seeing the great commodity that yearly might grow by reason of the hop ground of a greedy and covetous mind sought how to defeat your complainant of his right and title therein and at the last knowing that in the lease made of Roger Harlakenden to him Edw Sibthorpe there was a provision or condition contained that for non payment of rent reserved upon the lease it should be forfeited covenously practised with Roger Harlakenden for the destruction of this complainant's title he having the payment of the rent being bailiff would make default in payment as Roger Harlakenden would make to him Wm a new lease for so many years as then were to come and unexpired in such sort as he the complainant had his lease before which Roger condescended and they together with Xoph for so consenting and confederating for the default of payment of one half year's rent at the feast of the annunciation last was 4years or thereabouts he the complainant's interest was covenously and deceitfully forfeited and being so forfeited Wm Stammer procured a new lease from Roger Harlakenden without any consideration of the hop ground for so many years as were then to come of his the complainant's lease unexpired solely to himself and leaving out the complainant and Xoph Sibthorpe altogether to be less with him or joint taker for any part and having by subtlety got in his hands the first and principal lease made by Roger Harlakenden unto him Edw Sibthorpe caused the same to be cancelled utterly to exclude him to pretend any title by law which was done accordingly but whether with the consent or good liking of Xoph Sibthorpe he does not know by force of this Wm Stammer then the sole leasee of Roger Harlakenden then occupied the hop ground and utterly denied by his deceitful practices to regrant the same either to the complainant Edw or to Xoph his brother and afterwards for a trifle nothing to the value procured a general release from Xoph Sibthorpe which could be of no effect either against the complainant Edw or against Xoph much as at that time Xoph at that time could at no ways pretend any right to the hop ground nor any part thereof for the considerations aforesaid nevertheless Wm Stammer being so possessed by virtue of a new lease for the term of 10years then to come during his own life quietly enjoyed the same by the space of 1year in which he received all charges deducted at the least 60li to his own use and utterly denied all his lifetime either to render any account to him the complainant or else to satisfy to him any part of the arrearages which he himself so covenously and unjustly received during his occupation whereby the complainant intended during the lifetime of Wm to commence suit against him but about 3years now since Wm Stammer died and made Mary his wife the complainant's sister his sole executrix who took to husband one Math Everard of Much Waltham Essex gentleman who in the right of his wife Mary under that covenous and deceitful title without any consideration paid either by himself or Wm Stammer his predecessor by the space of this 3years unjustly has received the profits of the hop ground which amounted at the least to 200marks and although the complainant has revealed all the premises to Math Everard and wife Mary and often requested to restore to him the hop ground for the term of years which are yet to come and unexpired about 6years and to satisfy unto him all the profits which by the indirect dealings aforesaid they have so unjustly received yet to do they have always hitherto refused and yet do refuse contrary to all reason equity and good conscience in consideration whereof and forasmuch as Wm Stammer and Math Everard and Mary his wife without any consideration have enjoyed the hop ground and the benefits and profits thereof to their own use to their commodity and this complainant's great loss under that covenous and deceitful title and for that he is altogether without remedy by common law to his great loss may it please her majesty to grant her writ of privy seal to be directed to Roger Harlakenden Math Everard and wife Mary and Xoph Sibthorpe to appear etc