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

23.6.33Eliz1 (rather torn) (Wednesday 23 June 1591)

document 19600214

answers of Xoph Sibthorpe defendant to complaint of Edw Sibthorpe says true it is that the complainant was possessed of the hop ground Chiffing together with the waste ground which the complainant also had 8a as thought in parish of Earls Colne for and during the term of 14years by virtue of a demise made by Roger Harlakenden and of a deed of assignment made from one Jn Parker of Earls Colne to whom Roger Harlakenden had made a demise of 1a parcel of the hop ground and the defendant says that as far as he remembers the content of the hop ground and the waste ground was at the first possession taken thereof of the complainant only 6a in all but the complainant himself planted 1a more at which the hop ground together with the waste ground the complainant being possessed and having received the profits thereof for 2years as this defendant remembers being indeed minded to do her majesty's service in the low countries and knowing himself to be indebted to him Xoph Sibthorpe in the sum of 40li did for his indemnity and assurance of that sum before his departure by his deed 5.11.27Eliz1 give grant assign and set over to this defendant all estate right title etc that the complainant had or might have in the hop ground containing at that time 7a and the same conveyance ready to be showed to the court may appear nevertheless the defendant does and must needs confess according to the truth that this conveyance of all the complainant's rights and interests in the hop ground made to the defendant was upon this trust and confidence that whensoever the defendant by reason of the hop ground or otherwise did fully satisfy the sum of 40li which the complainant was indebted unto him the complainant his brother should and might enter and have the hop ground again as if no such deed of assignment of his term and interest had been made and the defendant being so possessed of the hop ground by virtue of the assignment and having no sufficient skill or knowledge for the managing manurance and occupation of it and being also to apply himself to his study in his profession and call ing by reason of which he could not attend to other affairs concerning the hop ground also in regard to the fact that the charge of the hop ground yearly was more than he was able to disburse did constitute and ordain one Wm Stammer his brother in law as bailiff to look to the hop ground and to defray all charges both concerning the payment of rents at due and just times and all other charges whatsoever necessary appertaining to the hop ground in consideration he this defendant was to give Wm Stammer an annuity or yearly rent of 20marks which charge for this consideration Stammer did undertake and forasmuch the rather did it for the good and benefit of the defendant as he said and pretended nevertheless the defendant is sure that at the end of the first year when the defendant had the hop ground when Wm Stammer was to yield up his account by reason of a kiln house and plain hops burnt that year by casualty as also by reason of 10li paid to one Robt Reade of Earls Colne as debt of the complainant and by reason that Wm Stammer sold hops to loss for speedy payments of his own debts as he thinks his account was made such that the charge was more than the profits so that the first year the defendant received no profits but rather loss and detriment and whereas the defendant finding his expectation deceived and being much aggrieved Wm Stammer taking occasion thereon to take further footing in the hop ground and knowing the estate of the defendant that he stood in need of money was in hand to buy of the defendant one moiety or half thereof during the residue of years then to come not expired offering for the half 20li and to lose 20nobles the one half of his 20marks which he was to receive in regard of his bailiffship or deputyship for the year before and moreover condescended to take faithfully and honestly to the other moiety of the defendant's duly and truly to pay the rents within the day and times limited when they ought to be paid and further to disburse for and discharge all charges whatsoever for the hop ground and he to yield a true account to the defendant of all the profits of the hop ground and the defendant to take the one half or moiety thereof in consideration whereof and because Wm Stammer was brother in law to the defendant having married the defendant's natural sister the defendant and Wm Stammer hearing news that the complainant Edw Sibthorpe was dead and consequently that the interest of the defendant in the hop ground was then absolutely without any condition confidence or trust the defendant yielded unto Wm Stammer and sold unto him the one moiety of the hop ground as the defendant took it then lawful for him to do by force whereof the defendant and Wm Stammer did afterwards hold and occupy the hop ground together in common Wm Stammer being to pay the rents and lay out and discharge all charges belonging to the same or any part thereof and Wm Stammer and this defendant by the instigation of Wm Stammer did (torn) another acre as he remembers within the foresaid (torn) and so there were then 8a the second year the defendant looked for (torn) Wm Stammer he received little or none by (torn) new planted acre before remembered and (torn) defendant remembreth at the joint and (torn) also hop (rest torn possibly a fair amount missing)