Description:

Transcription by David Lovelace, spellings modernised, abbreviations expanded. {} brackets in text, [] missing text, ( ) my comments, words in italic unsure.

PRO C2/Eliz/P2/56

29 November 1595 

Summary:

James Parry in Fleet prison owing money to John Parry of Morehampton - £200 mentioned. James Parry reluctantly agrees to allow RV ‘of Newcourt’ to collect the tithes of corn and grain in Peterchurch, worth 100 marks a year, for a loan from RV of £200, RV saying he had to be reimbursed for the interest and brokerage of the £200. However this was not lawful so James agreed to let Snodhill Park with 700 ‘great timber’ trees to RV for a short time.  However, Harry Vaughan brother of RV and James Baskerville ‘have of late erected iron works about the 10^th September 37 Eliz [1595]’ have helped themselves to £1000 worth of timber and wood for their iron works which James did not at first believe but RV’s council had falsified the terms of the lease.

Transcription:

In most humble wyse complayning sheweth to your good Lordship your dayly orator James Parry of Poston in the county of Hereford in the fleete. whereas your orator beinge indeted to John Parry […….] morehampton in the said county of [Hereford] in dyvers severall somes of money by the said John Parry disbursed for your orator at severall tymes to one Rychard Shepham a marchunt of London did on the last daye of June in the xxxij th yeare of the Queenes ma[jes]t[i]es raigne [..] that nowe ys before Sir Edward Anderson knight lord cheaf justice of the comon pleas acknowledg on reccognisance in the forme of a statute staple of the some of CC li to the said John Parry for payment of the said severall somes the certenty wherof was not then to yor orat[..     ..]ven and after yor orator had […] the said statute the same was redelyverd to your orator to be kept untill the accompt were had and made betwixt your orator the said Richard Shepham and the said John Parry wherby yt might appere how muche money the said Jo[hn Parr]y had paid to the said […] your orator and how muche thereof the said Richard Shephum wold allowe your orator in discharge of suche(5) due debts as by your orator was owinge to the said Shepham   And whereas also after yor orator had ackowledged the said statute to the said […] your orator did lykewyse acknowledg on other the lyke statute of the said date to one Rychard Shelley before the said Sir Edmond Anderson in the some of CC li for payment of Lxxiij li which the said Richard Shelley had payd for yor orator which said last ne?ytee was lykewyse redelyverd to your orator for a tyme to be kept and afterwarde on the iij daye of November in the xxxiij th yeare of her ma[jes]t[i]es raigne your orator did deliver the said statute of CC li to the said Richard Shelley for payment of the said []xxiij li at cert [..] agreed upon betwixt your orator and the said Shelley together with the severall somes of money hereafter expressed for interest for the bearing of the said Lxxij li from the said last daye of June untill the said dayes so agreed videlicet for the forebaring of  xxxv[…] of the said Lxxiij li from the said last daye of June in the said xxxij th yeare of her ma[jes]t[ie]s  raigne untill the iij th daye of November in the xxxiiij th yeare of her ma[jes]t[i]es raigne the full some of xxxj li interest   And for the forbearinge of xxxviij li residue of [the] said h[..] said last day of June in the said xxxij th yeare of her ma[jes]t[ie]s  raigne untill the iij th daye of November in the xxxv(10) th of her ma[jes]t[i]es raigne the full some of xxij li interest which said some of xxxj li interest for the forbearinge of the said xxxviij li from the said last of […] iij th daye of November in the xxxiiij th yeare aforesaid and the said xxij li interest for forbearinge the said xxxviij li from the said last daye of June untill the iij th daye of November in the xxxv th yeare of her ma[jes]t[i]es said raigne doth excead the rate of x li in for […] and your orator havinge occasion to use money aboute the xviij th daye of maye in the seven and thirtyth yeare of her ma[jes]t[i]es raigne your orator had communicacion with one Rowland Vaughan of Newcourt in the in the said county of Hereford for CC li to be lent to yor orator by the said Rowland at interest and for assurance your orator was to procure on William Griffith to assign on lease for many yeares yet enduringe whereof he was possessed of all the tythes of corne and grayne within the severall townshipes of Peterchurch, Hynton, Tryloshope, Wilbroke, lynall[], [.. .]dgeway  Mowbach and Wylmoston within the parishe of Peterchurche aforesaid in the said county of Hereford and for the forebearinge and interest of the said CC li for on whole yeare yt was agreed the said Rowland Vaughan should have the whole prof[itt]s of the said tythes [  ] beinge well worth on C markes per annum which your orator rather yealded unto because the said Rowland Vaughan vehemently prot(15)ested by othe to your orator that he was to paye for interest and brokrage of the said CC li for the said yeare xxxvj li and after the said Rowland had taken the advise [.. ..] Seryant Williams, Mr. Walter Wynter and others of his counsile lerned who assured him that he could be no means take the profittes of the tythes for the interest of his money but that the same was fully within the daunger of the statutes made against corrupt and u…w..d usery for that yt did appere the said tythe to be demysed for thre lyves at the yearely rent of xxiiij li and thereupon the said Rowland having a gredy desyre of unlawfull gayne and entending to defeat and defrawde all the lawes and statutes made and provided against [.. ..] and unlawfull usery concluded with your orator that for his assurance for the said CC li your orator and John Parry your orators sonne heyre apparant should convaye and assine the parke of Snodhill in the said county of Hereford beinge yor orators inherytance [  ] repleni?shed with great tymber trees to the number of xij C or above and your orator should procure the said William Griffith to sell the said tythes then ft[ ]growinge on the ground to the said Rowland for xx li for that year only and that he the said Rowland should take [the prof]itt of the said parke untill the daye appointed for repayment of the said CC li being the xxix th of maye in anno 1596 (20)all which was perfectly concluded and done for the assurance of the said Rowland as well by deed enrolled in the highe courte of chancery as otherwise by a feaff[ment] deed and for pa?rformance thereof your orator togeather with the said John Parry your orators said sonne and Gregory Parry on other of yor orators sonnes on the xxviij daye of maye in the said xxxvij th yeare of her ma[jes]t[i]es raigne before the said Sir Edward Anderson knight did acknowledge on recognisance in the forme of a statute staple in the some of CCCC li to the said Rowland Vaughan which condicion ys yor orator or his said sonnes or any of them or their hayres should pay the said CC li to the said Rowland at the daye tyme and place lymyted that then(m?) as well the sa[   ] recognisance to him made as also the said deed enrowlled and and feaffment deed and all other writings concerninge the said assurances to him made should be utterly voyde as by the said writinges and otherwise dothe and may appere  And after all the said assurances we…rod.. sealed and delivered the said Rowland Vaughan dyd pay and delyver the said CC li to your orator and the said Rowland Vaughan hath receaved and taken the profittes of the whole tythes aforesaid for the interest and forebearinge of the said CC li as before ys delivered. And [  ] said Rowland Vaughan not yet satisfied but entending some other danger to orator which he held sec?rett (25) to himself hopeing therby by some indirect meanes to enriche himself by some connynge practise by forfayture yf any should happen and yor orator tee[  ] tyme havinge the said statute of CC li made to the said John Parry of Morehampton in his custody he the said Rowland requested that he might have the custody of the said statute untill the day of payment of the said CC li to him the said Rowland which he protested to have for no pro(e?)vidine? to your orator nor to the said John Parry of Morehampton but only because there was some unkindnes growen betwixt the said Rowland Vaughan and the said John Parry upon some sale in law for tythes of lande and to prevent that the said John Parry should not in the meane tyme extend the said statute upon the said parke and woodes ??? whereupon to satisfie the humor of the said Rowland in that behalf yor orator agreed that the said Rowland should have the said statute in his kepinge upon especiall trust yor orator reposed in the said Rowland until the said daye of payment of CC li to the said Rowland were past upon this agreement and condicion that yf the said acknowledged to the said Richard Shelley in the meane tyme of the said daye of payment of the said CC li to the said Rowland Vaughan should be [.. ..]ded (30)on the landes of yor orator that then the said Rowland Vaughan should delyver the said statute made(30) to the said John Parry to yor orator as well to defend the said landes and woods convayed to the said Rowland Vaughan as also thextremylye in lawe [  ]st the said [  ] Shelley his statute and also to satisfie the said John Parry with the said statute to him made   And after all the said writinges were made and dyvers other writinges concerninge the premisses together with the said statute of CC li made to the said John Parry of Morehampton was dely[verd] to the said Rowland Vaughan as before upon the said trust yor orator moved there myght be a note made of the nomber and particular writinges which the said Rowland had receaved of yor orator to thende upon payment of the said CC li to the said Rowland he [  ] orator might demand the same agayn which said Rowland entendinge nothinge lesse then playne dealinge caused some connying scryvenor of his owne still to wryte downe a note of the said particuler writinges and lastly touchinge the delyvery of the said statute u[  ] plainly  addinge to the same in the end then of thease words followinge vydelicet so as to delyvery of the said statute made to the said John Parry should not be preiudiciall or hurtfull to the said Rowland nor his which before that tyme was …. ….  ..nether nor was any (35)parte of the agreement afore mencioned at the tyme  of the delyvery of the said statute for (35) for yt stoode yor orator and his said sonnes cheaffly upon and altogether to provide that the lande convayed as before to the said Rowland Vaughan []uld no waye be touch[  ] by any of the said statutes as well for the danger of forfeitinge the said landes and woods as also theyr statute of CCCC li made to the said Rowland Vaughan    So now yt ys ^good lord^ on Harry Shelley administrator of the goods and cattells of the [  ] Richard Shelley esu[] all resonable order for the said principall debt of Lxxiij li and interest for the forbearinge therof upon some secrett combynac[i]on and confederacy had with the said Richard Shepham who hath utterly undon yor orator by his cruell and unconcionable dealings or some other for? him and with the said Rowland who emtending to enriche himself with the spoyles of the said woods and forfayture of the said statute to him made as before and as the said Rowland affirmeth Harry Vaughan esquier brother of the said Rowland and James Bask[erville] esquier who have of late erected iron workes in that coulry aboute the x th daye of September nowe last past ano xxxvij of her ma[jes]t[i]es raigne hath extended the said statute of CC li made to the said Richard Shelley only upon the said parke convayd to the said Rowland and (40) lefte unextended the residue of the manor of Snodhill and vij other mannors of yor orators within the county of Hereford and this present michalmas tearme the said Harry Shelley hath taken forthe her ma[jes]t[i]es writte of lyberate upon the same extent which dothe manifest the whole the whole procedinges to have growen of the said combinacion and confederacy for the said Rowland Vaughan declared to your orator that his said brother Harry Vaughan afore named was in practise with him[self ]consent that he the said Harry Vaughan and James Baskervild might quietly fell and take away the said timber and woodes beinge well worthe a thousand pounds for their said iron works which your orator did not at first beleve to be true but rather [.. ..] the said Rowland Vaughan and Richard Shepham some other for them hath falsiffied or do meane to falsiffie the said Harry Shelley for the said statute and do meane to take the benefits thereof to them or on of theyr owne proper uses and your orator [.. ..]he rather drawen to beleve the same to be true for [ ]ub sithence the delyvery of the said statute to the said Rowland Vaughan upon the said trust which was made to the said John Parry of Morehampton and since the writte of extent aforesaid was grannted the s[   ] Richard Shepham hath confessed and ackowledged that he hath received  (45) of the said John Parry of Morehampton the full some of CCxiij li for yor orators debt and saythe he will alowe yor orator the same whereupon and to the intent before mencioned sythence [  ] said extent was executed yor orator according to the said terme meaninge and agreement dyd requyre the said Rowland Vaughan to delyver uppe the said statute made to the said John Parry of Morehampton to yor orator which the said Rowland against lawe [   ]ence equitie and honesty doth refuse to doe which doth manifest the said combynacion and  his wicked and gredy desyre to spoyle yor orator and his five sonnes by the said practyces yf he can c(t?)herfore and for as much as yor orator doth not intend eyther directly or indirectly to take away any benefytte in lawe to defeat or defrawde the said Rowland Vaughan  not the said Harry Shelley of any parte of their due debtes but most willingly will satisfie the same as yor Lordship shall thinke feet although as yor orator ys perswaded by counsell learned that all assurances afforesaid stande and be utterly voyde in lawe by reason of the said corrupt and unlawfull usery and that the said Harry Sheeley and said Rowland Vaughan do offer just occacion to yor orator to take the lyke advantage by lawe against them as they do intend to holde against yor orator which yor orator wold (50) not do for any gayne of money yf he may have any resonable order for the same an especially for as muche as the said John Parry calleth on yor orator for the said statute to yor orator delyverd to be kept untill the said Shepham dyd acknowledge that he had receaved the said CCxiij li of him the said John Parry for yor orators debts and that yor orator in concience ys bound to deliver uppe the said statute of CC li to the said John Parry of Morehampton in the parte of recompence of the said CCxiij li him paid to the said Richard Shepham for yor orators debts as before which you orator can not accomplishe by reason the said Rowland to the purpose and upon the said combinacion detayneth the same from your orator   And for that yor orator willingly will pay the said CC li to the said Rowland Vaughan at the day appointed so as the said Rowland will presently delyver uppe the said statute of the said John Parry of Morehampton to yor orator accordinge to the true meaning and trust aforesaid yt may please yor good lrdship to grannt the Queenes ma[jes]t[i]es writt of subpena to be directed to the said Rowland Vaughan thereby commandinge him to be and parsonally to appere before yor lordship in the highe courte of chancery at a certen day and under a certen payne therein prefixed to answer and so stande to and abyde suche order toughinge the delyvery of (55) the said statute made to the said John Parry of Morehampton as before as to yor good lordship shall seeme nearest agreenge with equitie and justice and yor orator will dayly pray for good lordship

Observations:

Photographs of the original document are available in the Digital Archive.