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

28.7.34Eliz1 (Friday 28 July 1592)

document 19601630

explanation of part of the certificate made by me Jas Morris esq attorney of her majesty's court of wards and liveries delivered to court of requests mine intent and purpose was to have made as end between Edw Sibthorpe gentleman plaintiff and Math Everard gentleman defendant in form as in my certificate is declared that is that all the profits of the hop ground already received and to be received until michaelmas then following should be and remain to defendant Everard and his wife for that all the arrearages or the most part were liable for the performance of the will and testament of Wm Stammer her late husband and that at the said michaelmas which was michaelmas last past the defendants should assign over their term of interest then to come in the ground to the plaintiff to his own use which my intent and purpose concerning the arrearages received since the death of Stammer was not for that I doubted anything whether the same in equity should appertain unto the plaintiff whom I thought and yet think to have the right thereunto in all upright dealing but for that the profits received might peradventure be employed for the payment of the debts and the performance of the last will and testament of Stammer which being so I thought it not reasonable the same being warranted by law to have altered the rather for that the defendant Everard affirmed as I remember that there were not sufficient goods besides those profits to pay the debts of Stammer and perform his last will and testament the chief of which allegation I thought too troublesome then to examine nevertheless being of opinion both then and now that if there were sufficient goods and chattels left by Stammer to pay his debts and legacies and perform his will over and above the said profits then if were as good equity that the same profits since the death of Stammer should be restored to the plaintiff as the hop grounds themselves to be enjoyed by him Jas Morris