Broodley v Kitchen [1604]

ii October 1604 Clapham To the Right honorable Thomas Egerton knight lord of Elsemere and Lord Chancelor of England

1 Humblie compleyning sheweth unto your honor your daily orator William Broodley late of Wadsworth in the county of York yeoman that whereas one Edmond Tylson and Elizabeth his wief wear
2 seised in fee in the right of the said Elizabeth whose sonne and heire your orator is by a former husband was and is of and in and upon one messuage or tenement and divers closes lands and tenements
3 therunto belonging comonlie called and knowne by the name of Stephenson House scituate lying and being in Wadsworth in the said county of York and they the said Edmond Tylson and Elizabeth his wief so
4 being therof seised dyd together with your said orator by their Indenture of lease bearing date in or about the moneth ofay in the five and twentieth year of the raigne of our late soveraigne
5 lady quene Elizabeth demise grant and to farme lett the said messuage tenement and premisses unto one Richard Blakey for the time of thirty yeares to have comencement and beginning about the first
6 day of May before the date of the said Indenture of which said terme of thirty yeares there wear one and twenty of the same spent at or about the beginning of May last which was in anno domini one thousand
7 six hundred and four and afterwards the said Elizabeth lying on her death bed and being of the age of nynety and two yeares and past her sence or understanding one William Kitchin of Wadsworth
8 afforesaid practising with the said Edmond Tylson to dishinheritt or undo the said William Broodley your orator as the said William Kitchin hath confessed and published and dyd confederate and combyne
9 themselves together to make or cause to be made some secrett conveyance or other grants of the said tenements & premisses from the said Edmond Tylson & Elizabeth his wief to the said William Kitchin wherby
10 he might eyther for ever or for life tymes or for a longer contynuance enioy and keepe the possession of the said premisses to himself from your orator and his heres wheras in truth no such conveyance was made
11 sealled and delivered and lawfullie executed nor no possession or livery of seisin thereupon had or made by the said Elizabeth and her husbandor any way authorised by or from them of the said premisses to the said
12 Kitchin nor any attourneyment therto had or made by the said Blakey or his assignes wherby nothing dyd or could passe by any conveyance if any such wear made to the said Kitchin and also the same was
13 void against your said orator after the death of the said Elizabeth his mother whose heir he ys yf it wear but a lease for lief or lives because their was then in being the said former lease for thirtie yeares then
14 and yett in being and neither then nor as yett surrendered and the same conveyance yf any such wear was made by ???in betwixt the said Tylson and the said Kitchin without any consideration att all and after the same tyme
15 the said Elizabeth dyd about four yeares ago and all the said premisses discended to your orator as son and heire of the said Elizabeth and after the death of the said Elizabeth the said Tylson her husband dyed about two yeares
16 ago and after both their deaths your said orator being lawfully seised of the said premisses as afforesaid and being forced upon necessitie and for want of money to sell the said tenement and premisses unto one John Cawcroft of ?hadershelf
17 within the county of York and to his heires he your said orator could not make sale of the same unto the said Cawcroft except your said orator would covenant either to make voyd and frustrate the
18 said pretended leases of conveyance so claymed by the said Kitchin or els to allow the said Cawcroft the some of threescore pounds part of the consideration of eightscore pounds for which your orator sold
19 and conveyed the said premisses to the said Cawcroft and his heires in lieu and recompence therof untill the same pretended estates by the said Kitchin were avoyded unto which covenant and condicion he the said
20 William Broodley was forced to yeild in respect of his present nede of money at that tyme being fullie persuaded that there was noe such lease nor other conveyance mad eof the premisses unto
21 the said Kitchin neither for lief lives nor otherwise and that if there was any such made yet the same was void in law being made by your orators said mothe rbeing then a few ??
22 and for other the reasons before said But so yt is if yt please your honor that by reason of the said covenant made between your orator and the said Cawcroft although your orator hath
23 fully conveyed the inheritanceof the said premisses to the said Cawcroft for the some of eightscore pounds of which onelie one hundred pounds is paid he your orator is debarred and hindered from having the said
24 threescore pounds untill such tyme as he have frustrated and made voyd the said pretended leases or assurances the said Kitchin if any such be or shall make it appeare that the same ar void and to thend
25 and purposes that your orator shall not be able to recover the same & now is avoid (the same crossed out) and frustrate the said feined title of the said Kitchin if any such be or shall make it appear that the same ar void and to thend
26 in culler and under pretence for the said pretended leases or titles to mainteyne the same and therby to defraud your orator of the said threescore pounds which threescore pounds by the true intent and
27 meaning of the said bargaine passed betwixt your said orator and the said Cawcroft ought not to be deteyned from your said orator if the said pretended title of the said Kitchin be void in law or if their
28 be no such lawfull estate in Kitchin to hinder the title of the said Cawcroft as in truth ther is not and they have consented or compounded to devide and part the same money betwixt them
29 to the impoverishment and undoing of your said orator and his wief and children unless your honor help and aid be to him extended for his relief in the premisses in tender consideration wherof
30 and forasmuch as your said orator haith conveyed the said premisses to the said Cawcroft in fee and haith but received one hundred pounds parcell of the said sume of eightscore pounds agreed to
31 be paid for the same and is in great danger to be without the said threescore pounds for along tyme being the residue of the said consideration for which he sold the said lands the same being of a
32 far greater value unles the said William Kitchin may be compelled to answer the premisses in this honourable court and to sett downe and declare what leases or other conveyances he haith of the
33 premisses and what estate and title he claymeth in the tenements & premisses whereby the truth therein may be manifested and made known and that if he have no lawfull interest nor title in and to the
34 premisses by any such pretended lease or conveyance from the said Tylson or his wief to hinder the said Cawcroft and his heires to have and enioy the premisses after the end of the said lease
35 for thirty yeares made to the said Blakey as afforesaid that then the said Cawcroft may be ordered by this honourable court to pay the said threescore pounds unto your orator as in equity
36 and right he ought to do and for that the said John Cawcroft and William Kitchin practise and combyne to defeat your said orator of the said money and to part the same betweene themselves and for that your
37 orator having no ordinary meanes to come to the knowledge of the said pretended title and interest of the said Kitchin in and to the premisses but onlie upon the oathes of the said William Kitchin
38 and John Cawcroft and for that the premisses conveyed by your said orator to the said Cawcroft ar worth two hundred and twenty pounds to be sold and more and the said Cawcroft haith had
39 assurance from your said orator therof and if the said Kitchin have no lawfull estate therein as in truth he haith none at all then there is no cause wherbie the said Cawcroft should deteyne
40 the said some of threescore pounds from your said orator as by the conveyance betwixt your said orator and the said Cawcroft of the premisses made and executed in January in the five
41 and forty yeare of the reigne of our late soveraigne lady quene Elizabeth may appear and for that your orator hath but in all as yet had one hundred pounds of the said Cawcroft for the
42 premisses and the said Cawcroft ever since the said conveyance haith had all rents and profitts conveyed to him by the said conveyance and still may have and enioy the same and after the
43 said lease made to the said Blakey which is excepted in the said conveyance may have posssession of the premisses may it therfore please your honor to grant unto your said orator your most
44 gracious writt of subpoena to be directed to the said William Kitchin and John Cawcroft commanding them therby at a certain day and under a certain paine therein by your honor
45 to be lymitted and appointed personally to appear in his majesties high court of Chancery then and there to answer the premisses and to stand to such further order and direction
46 touching the same as to your honor shall be thought meet and convenient and your orator shall dailie pray to the almightie for your honor in health and happines long to continue


© Malcolm Bull 2023
Revised 12:58 / 12th April 2023 / 11258

Page Ref: X385

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