By Peter Badham
with acknowledgement to the transcription made by Elaine Clark.
This is a good example of the sort of detail one can find in a Chancery document.
National Archives Reference: C11_2572_40 - 9 May 1722
This document is a complaint from one Samuel BONVILE of Walton on Thames against HANAH BRETON the wife of the deceased William BRETON - it appears that during the hours of darkness the said Hanah or her “Confederates” invaded the premises which had been leased to Samuel by Hanah's deceased husband (from an earlier lease dated 1644 for a term of four score years) and turned out Samuel Bonvile’s daughter and lodgers apparently threatening to nail up the bedroom doors with them inside (line 16)! Hanah is also accused that she “did at a later time sell the furnishings from the property at a price less than their worth” (according to Samuel). Hanah appears to have been aided and abetted by various Confederates (namely Dolley, Warwick and Gyles) and her agent one John Badham. Samuel’s case, in part, is that Hanah had not proved the Will of her first husband, Henry BENSON and therefore had no right to act in the manner she did.
People mentioned in this petition are the following:
- Samuel BONVILE Orator [complainant] Peruke maker formerly of Shepperton Co Middlesex.
- William BRETON late husband of 4, leased the premises to 1 on 11 Aug 1713 for 11 years at í5 per annum [for remainder of lease granted by 17, as husband and, therefore, owner of his wife's property. PB]
- John NUTT former tenant of the disputed property
- Hanah BRETON widow firstly of 5 then of 2
- Henry BENSON late Citizen [i.e. a Freeman of London] and Sword Cutler, held the 1644 lease after 18 and 19 [see17]
- Thomas BENSON son of 4 and 5
- John GYLES put into possession of the premises by 4
- Mary BONVILE daughter of 1
- Three Lodgers of 1 at the Walton premises
- John BADHAM agent of 4 said to be giving her advice to deal as described [probably the John Badham buried at Walton on Thames 13 Oct 1728. PB]
- Moses GE[O]RY money lender
- Erazmus SAUNDERS High County Constable of the hundred of El[mer?] Bridge in Town of Kingston upon Thames
- Benjamine DOLLEY and
- Thomas WARWICK both of Walton, Carpenters, appointed by 12 to value & appraise distrained goods of 1
- John EVERET and 16
- Mrs BAYLY purchasers of some of the goods
- Thomas TAYLOR of London Merchant leased the property to 18 and 19 on 18 March 1644[5]
- Deborah BENTLY daughter of 20
- Pleasance JOLLY Citizen and Draper of London
- Jane BENTLY mother of 18 of London, Widow
Note the original document is about 85cm (33.5ins) wide and 58cm (23ins) high so that contents of each line are here placed in the right hand column and the line numbers in the left hand column.
9no May 1722 Malthus
(5 Js 46) [Meaning unknown - not a regnal year which would be 8 Geo 1, Like 'Malthus' above and 'Bonnet' at the foot, probably Court administrative details]
To the Right honourable Thos. the Earl of Macclesfield
Lord High Chancellor of Great Britain
| 1. |
Humbly Complaining showeth unto yo[u]r Lordship yo[u]r Orat[o]r Samuel Bonvile of Walton upon Thames in the County of Surry Peruke maker That William Breton late of this County of Surrey Gent deceased being in his life time in the year One thousand seven hundred and thirteen possessed of and Interested in a Term of Eighty years about twelve years whereof was
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| 2. |
then to come of & in the messuage & premises hereinafter p[ar]ticularly menconed Did by Indenture bearing Date the Eleventh day of August in the s[ai]d year of our Lord One thousand seven hundred & thirteen made between the said William Breton (Since deceased) of the one part and yo[u]r Orat[o]r Samuel Bonvile (then of Shepperton in the County of Middx of the other part
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| 3. |
Demise Lease & to ffarme and Lett unto yo[u]rsd Orat[o]r All tht Messuage or Tenemt Barn Stable Cowhouse Garden and Orchard and also the close or Toft or parcel of Land thereunto belonging wth the app[er]tenn[ance]s Containing by Estimation one Acre ([be the?] the same more or less) Situate lying & being in Walton upon Thames aforesd adjoining to the comon there called the Heathside and also
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| 4. |
one acre of arable land (be the the same more or less) lying and being in Walton afores[ai]d in the commonfield there called or known by the name of Webridge in the furlong there called Mars furlong as the same then were in the tenure or occupation of John Nutt or his under tenants (together with all ways passages Waters watercourses lights Easemts proffitts and conditions and app[er]tnn[ance]s To hold
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| 5. |
the s[ai]d Messuage & Tenement Land Garden Orchards and p[re]m[is]es belonging or in any way app[er]teyning (except & always reserved out of the s[ai]d Demise or Lease unto the said William Breton his Exors and ass[igne]s & all manner of Timber and Timber Trees Woods & underwoods then Standing growing & being & thereafter during the term thereby granted sh[oul]d stand grow or be in or
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| 6. |
upon the s[ai]d demised or Leased p[re]m[is]es and the Topps and Lopps thereof And also upon notice ffree Liberty of Ingress regress way and passage w[i]th Horses Carts & Carriages at all times in the day time Convenient & by all open ways for the ffelling Lopping and Topping Sawing & Carrying away the same or any p[ar]te thereof dureing the term thereby Granted the s[ai]d Wm Breton his Ex[ecut]ors Adm[inistra]t[or]s) & assigns making
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| 7. |
good such hedges and ffences as shd from time to time be any way’s damaged by such Lopping Topping Sawing or carrying away as afores[ai]d To have and hold the s[ai]d messuage or Tenem[en]t and the severall peices & parcells of Ground thereby Leased unto y[ou]r Orat[o]r his Exors Admons and ass[igne]s from mich[aelm]asl then next for & during the full end & term of Eleven years from thenn next Ensueing & fully to be Compleat
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| 8. |
and ended att & under the yearly Rent of five pounds payable unto the s[ai]d William Breton [the following written above the line 'as in and by the s[aid]d indenture of the Lease under the hand & seal of the s[ai]d Wm Breton'] in the custody of yo[u]r Orat[o]r (ready to be produced ) appears And yo]u]r Orat[or] further Showeth that the s[ai]d Orat[o]r (by virtue of the s[ai]d Lease Entered upon and took possession of the s[ai]d demised p[re]m[ise]s And held the same untill the death of the s[ai]d William Breton which happened about [ space left here - date not given]
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| 9. |
having in his lifetime made his last Will & thereby devised the s[ai]d p[remis]es to Hanah Breton his widow and Relict (who was widow & relict of Henry Benson late Cittizen & Sword Cuttler of London: her former husband deceased) And yo[u]r Orat[o]r further Showeth that the s[ai]d Hanah Breton is p[re]tending to Claime the s[ai]d p[re]m[ise]s by and under the Will of the s[ai]d Henry Benson her former husband & refuseing to prove the will of the s[ai]d Wm
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| 10. |
Breton Came to yo[u]r Orat[o]r and pretended & Insinuated to him that if he w[oul]d pay her the Rent then in arrear She w[oul]d make good to yo[u]r Orat[o]r her s[ai]d husband William Bretons Lease made to yo[u]r Orat[o]r as afores[ai]d And th[a]t yo[u]r Orat[o]r sh[oul]d hold ye p[re]m[is]es for the s[ai]d term & at ..... the Same rent And further that she w[oul]d allow yo[u]r Orat[o]r fifty shillings in the two next Succeeding years out of the Rent which Should therein become due & payable
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| 11. |
for & towards repairs of the p[remis]es And yo[u]r Orat[o]r ffurther Showeth that upon his paying her the s[ai]d Hanah Breton accordingly the sum of two pounds five shillings & 4½d money and four shillings & 8d by two quarterly payments of the Kings Tax which made in the whole the sum of ffifty Shillings in full for half a years rent due at Midsomer One thousand seven hundred & nineteen as appears by her receipt in Writing
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| 12. |
under her hand bearing date the Nineth day of July in the s[ai]d year One thousand Seven hundred & Nineteen And whereby the s[ai]d Hanah Breton did agree that yo[ur] Orat[o]r Should hold the s[ai]d pr[emis]es for five years from Micha[elma]s then next had yo[u]r Orat[o]r the s[ai]d Receipt & agreem[en]t to produce would more fully appear & to which for more Certainty yo[u]r Orat[o]r Most humbly Craves leave to referr when the same shall be produced
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| 13. | And y[ou]r Orat[o]r further Showeth That at Midsomer last past yo[u]r Orat[o]r became indebted for Rent of the s[ai]d pr[emis]es the sum of Seven pounds ten shillings out of which Rent there was to be deducted one pounds twelve shillings & four pence which yo[u]r Orat[o]r had payd (by order of the s[ai]d Hanah Breton) unto Thomas Benson her son and also the sum of four shillings & eight pence by y[ou]r Orat[o]r payd for the Land (or Kings) Tax charged on the s[ai]d p[remis]es |
| 14. |
which s[ai]d two sums of one pound twelve shillings & four pence and four shillings & eight pence So p[ai]d by yo[u]r Orat[o]r amounting together to one pound Seventeen Shillings And the same being deducted out of the s[ai]d Rent of Seven pounds ten shillings reduced the same to the sum of five pounds thirteen shillings Notwithstanding of which the s[ai]d Hanah Breton on or about the Eighth day of July last past (when yo[u]r Orat[o]r & his wife were at London) did
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| 15. |
cause yo[u]r Orat[o]rs goods to be Seized & Distreyned for Seven pounds Sixteen Shillings p[re]tended to be due from yo[u]r Orat[o]r until her the s[ai]d Hanah Breton for Rent of the s[ai]d p[re]m[is]es at Midsomer last (whereas there was no more then due for rent of the p[re]m[is]esfunds than only ffive pounds thirteen Shillings as afores[ai]d) And she the s[ai]d Hanah Breton put one John Gyles into the po[sse]ssion of yo[u]r Orat[o]rs s[ai]d house & Goods and by threats [inserted above the line'terrors'] & other
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| 16. | wise turned & affrighted Mary Bonvile (yo[u]r Orat[o]rs Daughter) and three Lodgers out of yo[u]r Orat[o]rs s[ai]d House in the Night time telling them that they ought be gone or otherwise to retire to their Chambers that she the s[ai]d Hanah Breton might Naile up the Doors thereof for that she would not Suffer them to come or be below Staires or to Some Such or the like Effect which So affrighted and terrifyed yo[u]r Orat[o]rs |
| 17. | s[ai]d daughter & his s[ai]d three Lodgers that they were obliged & put to the trouble of getting other lodgings late in the Night time and yo[u]r Orat[o]rs s[ai]d Daughter came the next morning (viz, on or about the nineth day of July last) to yo[u]r Orat[o]r at London and told him of the s[ai]d seizure & ill treatment of the s[ai]d Hanah Breton as afores[ai]d Whereupon yo[u]r Orat[o]r applyed (by affrriends) to the under Sherriff of Surry for a Writt of |
| 18. | Replevin [a court order granted to a complainant to recover goods that have been unlawfully taken or retained. PB] who declared that he could not grant any Replevin without first having an Inventory or similar of the Goods by her so caused to be distreyned as afores[ai]d which she (by the advice order & direction of her Agent John Badham) refused to Grant p[re]tending that no inventory particular or acco[mp]t of Such Goods was or had been then taken but that when any such was or sh[oul]d be taken and ready that |
| 19. | yo[u]r Orat[o]r sh[oul]d have a true Coppy thereof nevertheless yo[u]r Orat[o]r had not nor could obtain any Inventory or acc[omp]t thereof of or from the s[ai]d Hanah Breton (or her agent) altho[ugh] yo[u]r Orat[o]r Caused frequent demands thereof to be made (for him on his behalf) of and from s[ai]d Hanah Breton Subsequent thereunto But on the Contrary yo[u]r Orat[o]r was obliged (in respect thereof) and did apply to the Bayliffs of the Town of Kingston upon Thames |
| 20. | in the County of Surry (in the liberty whereof the s[ai]d p[remis]es were) for a Replevin of yo[u]r Orato[r]s s[ai]d Goods (in Generall) so distreyned as afores[ai]d And obtained Such last mentioned Replevin accordingly And thereupon one of the Serjents at the Mace of the s[ai]d Town of Kingston (before such times as the s[ai]d goods or any of them were appraised or sold) And (by virtue of the s[ai]d Replevin did demand the s[ai]d goods of the s[ai]d Hanah Breton but by |
| 21. |
the direction and advice of her s[ai]d agent John Badham refused to obey Such Repl[ynt?] (p[re]tending tho' falsley) that the time by Law limitted for bringing thereof was expired and thereupon the s[ai]d Moses Gery Did (for and on yo[u]r Orat[o]rs behalf actually Tender and offer to pay unto the s[ai]d Hanah Breton Ten guineas in Gold Or Some Such Sum sufficient for her to pay & satisfye her Self thereout all Such Rent as was then due and
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| 22. | oweing to her for Rent (of the s[ai]d p[re]m[is]es) from yo[u]r Orat[o]r together with all reasonable Costs and charges in respect of the p[re]m[is]es which s[ai]d lender So made (on behalf of yo[u]r Orat[o]r) was rejected & refused by the s[ai]d Hanah Breton (by the advice and direction of the s[ai]d John Badham (her agent) and she refused to p[er]mitt or Suffer yo[u]r Orat[o]rs s[ai]d Daughter or any other p[er]sons or p[er]sons for him to come into or upon the s[ai]d p[re]mises declaring that |
| 23. | since she the s[ai]d Hanah Breton had got po[sse]ssion of the s[ai]d ?House & p[re]m[is]es She would keep and not quit the same And that yo[u]r Orat[o]r nor any p[er]sons belonging to him sh[oul]d have anything more to do therewith or Some Such or the like Effect And yo[u]r Orat[o]r further Showeth That notwithstanding and after Such Replevin was brought and that Such tender was made as afores[ai]d she the s[ai]d Hanah Breton & the s[ai]d |
| 24. | Badham her agent or one of them did p[re]vaile w[i]th Erazmus Saunders (then high County Constable of the hundred of El[mer?] Bridge in the Lib[er]ty Of the s[ai]d Town of Kingston & County of Surry afores[ai]d) to Swear or p[re]tend to Swear Benjamine Dolley and Thomas Warwick (both of the town of Walton afores[a]id Carpenters) to value & appraise yo[u]r Orat[o]rs s[ai]d goods so distrayned in order to make Sale thereof But So the truth was and is may It |
| 25. | please yo[u]r Lordship that She the s[ai]d Hanah Breton Comebining and confederateing together with the s[ai]d John Badham (her agent) and with the s[ai]d Benjamine Dolley and Thomas Warwick the s[ai]d p[re]tended appraisers of yo[u]r Orat[o]rs s[ai]d Goods) and the s[ai]d John Gyles (who was putt into the poss[ess]ion of yo[u]r Orat[o]rs s[ai]d house and goods by and on the behalf of the s[ai]d Hanah Breton as afores[ai]d and with diverse other p[er]sons to yo[u]r Orat[o]r Unknown |
| 26. | (whose names when and discovered yo[u]r Orat[o]r humbly prays may be incerted herein with apt words to charge them) they the s[ai]d Confederates or some or one of them before Such time and yo[u]r orat[or]s s[ai]d Goods were exposed to publick sale pickt and chose there out the best & most Valuable of them and Such part of them as they thought fitt & most convenient for his her & their own properuse & benefitt & and layd aside and |
| 27. | concealed the same or Caused Such pickt & chose goods to be layd aSide and concealed for themselves or Some or one of them the s[ai]d confederates at certaine under Rates & Valuations (without ever exposing them to public Sale) And afterwards p[re]tended to make outcry or Public Sales of yo[u]r Orat[o]rs s[ai]d Goods So taken in distress as afores[ai]d whereas yo[u]r Orat[o]r doth expressley charge (asthe truth is) That the beste most valuable |
| 28. | part of yo[u]r Orat[o]rs Goods so distreyned were (before the time of Such Publick Sale or Outcry made) layd aside and concealed for the Private and proper use and benefit of the s[ai]d Confederates Some or one of them at their own rates & under valuac[i]ons as afores[ai]d and Several & diverse othere parts of yo[u]r Orat[or]s s[ai]d Goods were sold to other p[er]sons (who were friends & acquaintances of the s[ai]d Confederates or Some or |
| 29. | one of them) at under Rates and prices And that when Some other p[er]sons of and in yo[u]r Orat[o]rs Neighbourhood offered larger prices & more money for the same they then s[ai]d Confederates or one of them refused to Sell Such Goods and things to Such p[er]son & p[er]sons bidding larger prices & more moneys for the same and by Such and the like unfair & unjust ways and practices afores[ai]d of the said Confederates respectively yo[u]r Orat[o]rs Goods |
| 30. | which were really worth & w[oul]d have brought yielded & produced upon a fair Sale thereof, the Sum of ffifty pounds and upwards, were sold and disposed of to & amongst the s[ai]d Confederates and their ffriends & acquaintances for the Sum of twelve pounds One shilling or thereabouts & no more (as is p[re]tended) So that yo[u]r Orat[o]r was and is thereby damaged to the amount or value of 40l [pounds] (or thereabouts) or some great[er?] |
| 31. | Value (as yo[u]r Orat[o]r doubts not but to make appear & prove) And yo[u]r Orat[o]r further Showeth That after the s[ai]d Hanah Breton (had in confederacy afores[ai]d) Sold and disposed of all yo[u]r Orat[o]rs goods at such great under values as afores[ai]d She caused (as She now pretends) the sum of three pounds one shilling and 7d or Some Such sum (as the p[re]tended Surplus money remaineing of the produce of yo[u]r Orat[o]rs s[ai]d Goods |
| 32. | (after deducting the said p[re]tended arrears of Rent & her Charges) into the hands of the under Sherrif of the s[ai]d County of Surry And yo[u]r Orat[o]r further showeth that divers other goods of yo[u]r Orat[o]rs which were layd aside and undervalued by the s[ai]d Confederates Some or one of them, viz, one Wainscott Sacking bottom Bedstead a Suite of Drugget curtains Vallens and Bages - A ffeather Bed Bolster & two pillows |
| 33. | a pair of Blanketts a pair of Sheets two pair of Stuff Window Curtains Vallens & two Curtain rodds, One Elbow & two other cane chairs, one Wainscott Table with a Drawer a Stove Grate A pair of Tongs Poker & Shovell A pair of Iron Crooks for the chimney One Iron Jack One spitt a fflesh ffork a pair of Iron Doggs or handirons One Brass Lamp a Brass Shiv[?] a Brass Ladle & a pair of Snuffers A [Twin?] Gallon [Turmill?] Six Knives & Six forks |
| 34. | w[i]th Maple handles & Silver ferrals w[i]th the box to hold them 2 pint fflint beer Glasses a pair of fflint Cruits a pair of fflint Salt sellers Two Wine Glasses ffruit and Jelley & one Rumer Glass w[i]th a Box to hold the Glasses and one Wheel barrow all which severall Goods yo[u]r Orat[o]r Charges amounted unto & were worth to be Sold the sum of thirteen pounds or thereabouts & were laid aside & under valued at about three pounds thirteen Shillings |
| 35. | & no more for the use & benefit of the s[ai]d Badham And to the use of the s[ai]d Benjamine Dolley a pair of Brass Scales Six pounds of Brass Weights A Cane Couch to hold or Lay a Bed upon a Cedar Writing Desk One Standing Japan Tea Table One Earthen Leghorn Jarr containing Eighteen Gallons One Earthen Jarr of Tenn Gallons One Large Pewter Dish two pewter porringers One Iron porridge Pott & Cover an Hodgshed w[i]th iron |
| 36. | hoops an iron Dogg Chaine an Iron Trevitt A China Plate Eight China Cupps four Knives & forks a pair of Back Gammon Tables box & Dice an Iron Casement a large Iron Sconce for the Stable & a Dutch hourGlass in the whole amounting to the sum of Seven pounds or thereabouts & were so laye aside and undervalued as afors[ai]d at about twenty Shillings for him the said Benjamine Dolley or some other of the s[ai]d Confederates And other goods appraised |
| 37. | and Sold at under Rates & prices viz, To one John Everet a Japan Corner Cubboard, a Brass pott & Cover an Oval Table & a sive to the Value or amount of thirty five Shillings and under rated only at Sixteen Shillings or Some Such Small Sum to Mrs Bayly a Brass Drudger a peper Box two Iron Candlesticks two Tubs a Sacking bottom Wainscot bedstead Druggett curtains vallens bases & an entire Curtain rodd & a Deal Cheste |
| 38. | to the Value of five & twenty Shillings & under valued at 16 shillings. and to other p[er]sons in the neighbourhood an Iron Hearth a Large Shovel w[i]th an Iron Grate to screen Ashes a large Iron pott Cover and hook a Box Iron and three large heaters Twenty One Iron bound Tubbs five new Dutch Chairs two Callico Bed quilts, Green Kidderminster Bed Curtains a feather Boulster three pillows a Bedstead curtain Rodd a Quilt a pair of Sheets a Blanket ? a Bag |
| 39. | with goose ffeathers four yards & a half of new Linen Cloth twenty five Prints and other pictures a Quarto Bible a Bridle and Sadle? A Grid Iron and Sow and Piggs amounting to the full value of thirteen pounds and upwards & which were undervalued at ~~ four pounds three Shillings & Sixpence & no more with many other goods of yo[u]r Orator which were sold & disposed of by the s[ai]d Confederates or Some or one of th[e]m |
| 40. | Messuage and p[re]m[is]es So demised to yo[u]r Orator by the s[ai]d Wm Breton During the Space or time ~~~[sic] of three months or thereabouts to the detriment and damage of yo[u]r Orator twenty Shillings p[er] Week over & besides the great Loss & damage which yo[u]r Orat[o]r Received Sustained & Suffered in & by the under Valuat[i]ons of his goods to the amount or value of fforty pounds or thereabouts as afores[ai]d and the Great and ~~ |
| 41. | Messuage and p[re]m[is]es So demised to yo[u]r Orator by the s[ai]d Wm Breton During the Space or time ~~~[sic] of three months or thereabouts to the detriment and damage of yo[u]r Orator twenty Shillings p[er] Week over & besides the great Loss & damage which yo[u]r Orat[o]r Received Sustained & Suffered in & by the under Valuat[i]ons of his goods to the amount or value of fforty pounds or thereabouts as afores[ai]d and the Great and ~~ |
| 42. | unnecessary charge & expense which yo[u]r Orat[o]r was & hath been put to in & about the p[re]m[is]es for which s[ai]d matters or any of them the s[ai]d Hanah Breton & the s[ai]d Confederates do & doth respectively refuse to render or make unto yo[u]r Orator any manner of reasonable recompense or Satisfaction And the s[ai]d Hannah Breton p[re]tends that although she did by such receipt or paper Writing bearing Date the 9th Day of July |
| 43. | One thousand Seven hundred & Nineteen agree that yo[u]r Orator should hold the p[re]m[is]es During the grant and Demise made by the s[ai]d William Breton unto yo[u]r Orator as afores[ai]d yet that Such demise is utterly null and Void For that as she p[re]tends the s[ai]d William Breton had not good Right and Sufficient authority to make Such Grant & demise and p[re]tends and Insists that when the s[ai]d William Breton died the s[ai]d |
| 44. | grant and demise so made by him to yo[u]r Orat[o]r was at an End & then determined & therefore She kept the possession of the p[re]m[is]es from yop[u]r Orat[o]r afores[ai]d and threatens altho[ugh] yo[u]r Orat[o]r hath lately gott the possession thereof that She will Eject & turn yo[u]r Orat[o]r out of the Same When as Yo[u]r Orat[o]r Expressly charges as the truth really is that the s[ai]d p[re]m[is]es are Leasehold And that the s[ai]d Henry Benson |
| 45. |
the s[ai]d Hanah Bretons former husband held the Same by & under an Indenture made or mentioned to be made the Eighteenth day of March One thousand Six hundred & forty four between Thomas Taylor of London Merchant of the one part and Deborah Bently (Daughter of Jane Bently of London Widow then deceased) and Pleasance Jolly Citizen and Draper of London of the other p[ar]te
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| 46. | whereby the s[ai]d Thomas Taylor in consideration of fifty pounds to him by Deborah Bently and Jolly payed did Grant & Demise the messuage and p[re]m[is]es afores[ai]d To hold the Same unto the s[ai]d Bently and Jolly their Ex[ecuto]rs Adm[inistrato]rs assignes During the Term of four score years or Some Such Term or number of years at & und[er] the yearly Rent of a peper Corne if Demanded as in and by the s[ai]d Indenture of Lease |
| 47. | in the hands Custody or power of the s[ai]d Hanah Breton when the same Shall be produced relation being thereunto had will were full & plainly appear and which s[ai]d Lease by [mean?] Assignements came unto the s[ai]d Henry Benson &to the s[ai]d Hanah his widow and Executrix And that upon the s[ai]d William Bretons intermarriage with her the s[ai]d Hanah he the s[ai]d William Breton became well |
| 48. | Intitled unto the remainder of the s[ai]d Terms of Eighty years which was then to come and unexpired And that he had full power good Right & Sufficient Lawfull authority to make Such grant & demise unto yo[u]r Orat[o]r as afores[ai]d and as yo[u]r Orat[o]r is advised the s[ai]d Hanah Breton haveing not proved the s[ai]d William Bretons Will or taken out any Letters of Adm[inistrati]on to him she the s[ai]d Hanah Breton hath |
| 49. | not good Right to take and Receive[?] The s[ai]d Rent of the s[ai]d premises nor can give Legal & Sufficient Discharges for the same untill she shall & do either prove or cause the s[ai]d Will of the s[ai]d William Breton to be proved Or Shall or do obtaine & take out letters of Adm[ministrati]on of the Goods & Chattels of him the s[ai]d William Breton which she the s[ai]d Hanah Breton Utterly refuses to do All Which Acting |
| 50. | and doings of the s[ai]d Hanah Breton and the s[ai]d other Confederates are Contrary to Equity & Good Conscience &tend to the great Wrong injury and p[re]judice of yo[u]r Orator who is totally remedyless in the p[re]m[is]es at the Common Law (for the reasons herein before set forth) and relievable only in a Court of Equity before yo[u]r Lords[hi]pp To this End therefore that the s[ai]d Hanah Breton John Badham Benjamine |
| 51. | Dolley Thomas Warwick John Gyles & the Rest of the Confederates when Discovered may upon their Several Corporal Oaths true & p[er]fect answ[e]r make to all & Singular the p[re]m[is]es as if the Same were here again repeated and Interrogated and p[ar]ticularly that She the s[ai]d Hanah Breton may discover & set forth whether the s[ai]d Wm Breton was not in his life time in the year one thousand seven |
| 52. | hundred & thirteen & when possessed of & Interested in a long Term of years & of what Form of & in the p[re]m[is]es afores[ai]d And whether such Ind[entu]re of Lease bearing date the Eleventh day of August one thousand Seven hundred and thirteen was not Executed by William Breton (late husband of the s[ai]d Hanah) unto yo[u]r Orat[o]r as herein before is mentioned and in part recited And whether the s[ai]d Hanah |
| 53. | Breton did or not give unto yo[u]r Orator such Receipt Instrument or Writing bearing date the nineteenth day of July 1719 to the effect & purport as herein before set forth & to what Effect after the decease of her s[ai]d late husband and Whether at midsomer last yo[u]r Orat[o]r was not then indebted for rent seven pounds ten shillings or what Sum and if after this the deduction of the sum of one pound Seventeen |
| 54. | Shillings paid by yo[u]r Orat[o]r To Thomas Benson her son (by her former husband) in moneys & for the Land Tax charged on the p[re]m[is]es Did not reduce the Same to five pounds thirteen shillings & what other Sum And whether the s[ai]d Hanah Breton did not on or about the s[ai]d Eighth day of July last Seize & distreyne or Cause to be Seized and distreyned yo[u]r Orat[o]rs s[ai]d Goods for payment of seven pounds |
| 55. | Sixteen Shillings at such time when yo[u]r Orat[o]r and his wife were at London or Elsewhere from home or for how much money did the s[ai]d Hanah so distrayne for Rent So p[re]tended to be due to her at Midsomer last & Whether there was any other & what Sum due for Rent more than five pounds thirteen shillings at the time as afores[ai]d & how much in all was there then justly due & oweing |
| 56. | from yo[u]r Orat[o]r for Rent of the p[re]m[ic]es And Whether she did or not put the s[ai]d John Gyles into poss[ess]ion of the s[ai]d p[re]m[ic]es and of the goods of yo[u]r Orat[o]r as afores[ai]d And Whether she & the s[ai]d John Giles did not by threats & otherwise turn terrifye & force yo[u]r s[ai]d Orat[o]rs s[ai]d daughter and three Lodgers out of yo[u]r s[ai]d Orat[o]rs s[ai]d house into the night time & when by willing them they might be gone or retire to their |
| 57. | Chambers that she the s[ai]d Hanah might naile up the Doors for that she w[oul]d not Suffer them to be below stairs or to Some Such or other & what Effect were they so terifyed & forced by threats & otherwise out of the s[ai]d p[re]m[is]es as the s[ai]d Hanah Breton & John Gyles or either of them doth know or can remember and whether yo[u]r Orat[o]rs s[ai]d Daughter and Lodgers were not put to trouble of Getting Lodgings |
| 58. | in the Night time & that all the s[ai]d Confederates may Sett forth and discover whether yo[u]r Orat[o]r Did not by Moses Gery & yo[u]r Orat[o]rs s[ai]d daughter & whom on yo[u]r Orat[o]rs behalf Demand of and from the s[ai]d Hanah Breton an Inventory of yo[u]r Orat[o]rs goods by her caused to be so distreyned as afores[ai]d And Whether the s[ai]d Hanah Breton (either by direction or Advice of the s[ai]d Badham or otherwise) did not refuse the |
| 59. | same or same & what p[re]tense and whether yo[u]r Orat[o]r forwant of Such Inventory Did not apply to & obtaine of & from the Bayliffs of the Town of Kingston in the s[ai]d county of Surry a Replevin of yo[u]r Orat[o]rs Goods (in General) and whether one of the Serj[ean]ts? At the Mace of the s[ai]d town of Kingston did not (by virtue of the s[ai]d Replevin) Demand the s[ai]d goods of the s[ai]d Hanah Breton and whether she did not by advice and direction of her s[ai]d Agent John Badham |
| 60. | or otherwise refuse to obey Such Replovin And whether thereupon or how soone after the s[ai]d Moses Gory or any other & in p[er]son & whom did not (for or on the behalf of yo[u]r Orat[o]rs tender and offer to pay the s[ai]d Hanah Breton ten Guineas or how much monveys In Gold or otherwise in order for the s[ai]d Hanah Breton to pay and Satisfye her self thereout all Rent then due to her from yo[u]r Orat[o]r w[i]th her reasonable Cost & charges in [erasure here] |
| 61. | Respect of the p[re]m[is]es and whether such Tender & offer was not refused or rejected (either by the advise or direction of the s[ai]d Badham or otherwise) and whether and why the s[ai]d Hanah Breton refused to p[er]mit yo[u]r Orat[o]rs s[ai]d Daughter or any other p[er]son from yo[u]r Orat[o]r to come into or upon the s[ai]d p[re]m[is]es And How long time (in all) did the s[ai]d Hanah Breton & her agents keep yo[u]r Orat[o]r and his familly out of possession thereof~ |
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62. |
And whether after Such Replevin brought & or made as afores[ai]d She the s[ai]d Hanah Breton and the s[ai]d John Badham or one and which of them did not prevaile w[i]th the s[ai]d Erasmus Saunders to Swear or pr[e]tend to Swear the s[ai]d Confederates Benjamine Dolley & Thomas Warwick to appraise & Value yo[u]r Orat[o]rs s[ai]d Goods in order to sell the same And that all the s[ai]d Confederates may respectively discover and Sett forth whether they Some or one |
| 63. | & which of them did not (before Such time as yo[u]r Orat[o]rs s[ai]d Goods were exposed to public Sale) pick or Choose out of the s[ai]d Goods the best and most Valuable part of th[e]m (at least) as She he or they thought ffitt for his her & their own proper use purpose & benefit And whether She he or they & which of them inperticular Did not conceal or lay aside or cause Such Pickt Goods to be concealed & Layd aside & what in p[ar]ticular for [seling?] or their & which of their Own proper use & benefitt and at what |
| 64. | rates & prices in particular (without publickly or exposing the same to Sale) And whether Such rates & prices respectively were the full & true values of all Such Pickt Goods how & in what p[ar]ticular the Same were undervalued & w[ha]t & how much Such under valuation and appraisement did in the whole amount unto And [yf?] the s[ai]d Confederates may severally discover & set forth all and every part in p[ar]ticular of |
| 65. | yo[u]r Orators Goods So taken in distress as afores[ai]d which have been appraised or Sold at under rates & values And at What under rates & Values in perticular & in all were the same & to whom and for what price And whether the s[ai]d Hanah Breton & the s[ai]d John Badham her agent or one & which of them were not or was not bids or offered more moneys for Some & [in p[ar]te?](in p[ar]ticular) of yo[u]r Orat[o]rs goods than the same were really |
| 66. | Sold for And that all the s[ai]d Confederates (And more p[ar]ticularly the s[ai]d Hanah Breton and her s[ai]d agent John Badham) may Severally discover & set forth whatever all or any & which of yo[u]r Orat[o]rs Goods hereinbefore p[ar]ticularly mentioned and Specified to be layd aSide & undervalued or any & w[ha]t p[ar]te & which of Such goods (in p[ar]ticular & in all) were layd aside & undervalued by the s[ai]d Confederates any either and which of them and whether |
| 67. | all or any & which of the other goods of yo[u]r Orat[o]r hereinbefore also p[ar]ticularly ment[i]oned & specified were appraised and Sold at under rates & prices as hereinbefore is likewise mentioned & sett forth And that the s[ai]d Hanah Breton may Set forth & discover whether she did not [dety..ene?} & keep the possession of the s[ai]d p[re]m[is]es for the Space or time of two or three months and for w[ha]t and how long time in the whole And whether the s[ai]d Hanah |
| 68. | Breton and her s[ai]d former husband Henry Benson did not hold & claime on the s[ai]d messuage & p[re]m[is]es under Such Lease made by the s[ai]d Thomas Taylor in One thousand Six hundred and fforty & four unto the s[ai]d Bently and Jolley for such Term & under such Rent as afores[ai]d And whether the s[ai]d Wm Breton upon his Intermarriage w[i]th the s[ai]d Hanah did not become well Intitled to the said p[re]m[is]es for & During the s[ai]d Term which was then to |
| 69. | come & unexpired & if he had not good right full power Sufficient & Lawfull authority to Grant Such a Lease and demise to yo[u]r Orat[o]r as afores[ai]d And if she the said Hanah Breton hath not & doth not p[re]tend that the said Wm Breton could not nor had power to make Such Lease for any Longer time than his own Life if the Original Term sh[ou]ld so long Continue and whether she hath not threatened[?] and doth not Still Continue to threaten |
| 70. | to disturb and turn yo[u]r Orat[o]r out of doors & why She doth so do And that all the s[ai]d Confederates may Severally render & make a full & true discovery & acco[mp]t unto yo[u]r Orat[o]r of & concerning the Severall matters & things herein before charged and Sett forth And that She said Hanah Breton may be decreed to make full ample payment & Satisfaction unto yo[u]r Orat[o]r in respect of all & singular the p[re]m[is]es afores[ai]d And |
| 71. | that yo[u]r Orat[o]r may have Such relief therein (according to Equity and good Conssience) as the nature of his Case shall or may require May it please yo[u]r Lordship to grant unto your Orator his Majesties most Gracious Writ or Writts of Subpoena under Seal of this High & honourable Court to be directed to them the s[ai]d Hanah Breton John Badham BenjaFmine Dolley Thomas Warwick John Gyles and other the |
| 72. | Confederates when discovered Commanding them & every of them at a certaine day and under certain pain therein to be limitted p[er]sonally to be and appear before yo[u]r Lordships in this Honourable Court and upon oath and every of thei[r?] Corporal Oaths true & perfect [deletion here] answ[er] make to all and Singular the p[re]m[is]es And further to Stand to and abide Such further order and decree as yo[u]r Lordshipp |
| 73. | Shall seem meet & agreeable to Equity & good Conscience And yo[u]r Orat[o]r shall forever pray et[c] |
[In margin:] BONNE[T?] [Signed:] THOMAS MULSO