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Description:

National Archives C5/190/70
Plaintiff: Sybil Price widow.

Defendant: John Price
Document type: Bill only, 1684

Transcription by Arthur Price, reproduced with his kind permission.

One page of legible script .  Crease running across page through seventeen lines of script. The last twelve lines in writing are half the size due to lack of space.

Humbly  Complaining sheweth unto your Lordshipp your daily oratrix Syble Price of the Townshipp of Lanvinoe and pish of Saint Margaretts in the County of Hereford Widdow That whereas one John Price now of Walterston and formerly of Comere within the pish of Landiloe Crossenny in the county of Monmouth Gent having occasion for money did borrow and take [?ppatt] interest of your oratrix the sume of one hundred pounds and for the security of the payment thereof did by the indenture duley executed bearing date the five and twentieth day of March one thousand six hundred seventy and nine Grant Bargain Sell Release endorse and confirme onto your oratrix her heirs and assigns for ever all those six severall closes of arable land meadow leasowes pastures woods and underwoods whatsoever whereof  one close of arable land and pasture is called by the name Cae Drissiage containing by estimacon eight acres (be it more or less) one other meadow ground called by the name Grey Rood yr Hendrey  containing by estimacon  about two days Moth of hay one other pcell of arable land  and pasture ground called Foscombe one other pcell of arable land and pasture ground called Mayder Here containing by estimacon about three acres more or less (which said two pcells lastly menconed are the lands of one  Howell Jenkins and one George Parry and by them enjoyed for that the said John Price had nothing to do to convey the same to your oratrix) one other pcell of rough and woody ground called Remoed containing one acre (be it more or less) And all other his Freehold Lands  whatsoever being within the Township of Lanvinoe foresaid in the county of Hereford which were formerly pchased by John Price decd Grandfather of the said John Price above named of and from one Rowland Powell Blannch his 2 wife and John William Thomas Phillip And all deeds evidences and writings any wayso relating to the pmisses and the Revercon and Revertions Remainder and Remainders thereof to have and to hold the same unto your oratrix her heirs and assigns for ever And doth alsoe in and by the same deeds covenants to leavy assine to your oratrix  of the said pmisses and that the said pmisses att the signing and sealing and executing of the said deeds more and should for ever then afterwards and remaine to your oratrix her heirs and assigns for ever free and clear and absolutely freed and discharged from all titles troubles and charges and incumberances whatsoever had made done executed suffered  by any pson or psons  whatsoever  But in the said Indenture there is a proviso or condition contained to this effect  That in case the said John Price his heirs and assigns should pay unto your oratrix her heirs or assigns  the full sume of one hundred and six pounds of lawfulll English money att or upon the six and twentieth day of March  which should be in the year of our Lord God one thousand six hundred Eighty and two and alsoe six pounds yearly in the meane time upon every six and twentieth day of March for the interest thereof  then the said Indenture was to become utterly voyd and of none effect to all intent and purposes whatsoever  And the said John Price did alsoe thereby for himself his heirs and assigns covenant  and Grant  that in case any default or faylor in payment was made of any of the said sumes mencond in the proviso aforesaid then he and all other psons claiming any Estate or Title in the pmisses should upon request should make any further assurance unto your oratrix as counsel should advise And that such further assurance and all other conveyances  and assurances had and made or to be had and made of the pmisses should be and devise to your oratrix her heirs and assigns for ever without any Equity or power of Redemption whatsoever to the said John Price his heirs and assigns All which said freehold lands are worth above the sume of Foure pounds p Ann And your oratris doth alsoe shew unto your good Lordshipp That the said John Price  (being possed of a Coppyhold messuage and Tenn acres of land within the Townshipp of Lanvinoe aforesaid which he holds by copy of Court Roll under the Lord of Abergavenny for Two Lives (to witt) his own and the life of one Henry Price of about the yearly value of five or six pounds And for the considderacons aforesaid and better security of the said debt did in and by the same indenture covenant to surrender the same copyhold messuage and lands unto the use of your oratrix her heirs and assigns for the said two lives under the same redemption as mencond in the said proviso  or condicon before mencond which was done accordingly And your oratrix doth alsoe shew unto your Lordshipp that the said John Price on or about the said five and twentieth of March in the yeare of our Lord God one thousand six hundred seventy and nine did borrow and take with interest of one Abraham Watkins of Craswall in the said county of Hereford Gent the sume of twenty pounds And did advise  your oratrix to become bound on as his surety for the repayment thereof And your oratrix at his instance request and for his proper debt did become bounden with him the said John Price in an obligacon  bearing the same date in the penalty of Forty pounds condiconed for the said John Prices payment of twenty pounds with the interest thereof att six months and unto the said Abraham Watkins but the same is still unpaid and your oratrix hath beene founde att law for the same and hath beene enforced to pay the Interest thereof for several yeares last past And your oratrix did alsoe att the like instance and request of the said John Price and for his debt some time before borrow bounden with him unto one William Exton of Michaelchurch Escley in the said county of Hereford in another Bond of the penalty of twenty pounds  condiconal for the payment of Tenn pounds with interest upon a day long since past upon which bond your oratrix was alsoe arrested and hath paid the Interest money due for the same for many yeares last past and now the principal is called for in and your oratrix againe threatened with arrest  And the said John Price did alsoe become bounden on to your oratrix in one other bond or obligation (about sixteen yeares since) of the penalty of twenty pounds condiconed for payment of Tenn pounds with interest att  a day long since past  And the said John Price did att the time of his granting the mortgage and surrendering the copyhold Land as aforesaid Agreed with your oratrix that in case there was any surplusage of the mortgaged pmisses over and beside the said one hundred pounds mortgage money the same should be and remains A Security for the indemnity of your oratrix from the aforesaid bonds entered into unto the said Abraham Watkins and 2 William Extons aforesaid and for your oratrix owne debt of Tenn pounds due by bond as aforesaid And did alsoe agree that your oratrix should alsoe have the possession of the said mortgaged pmisses towards satisfacon of the interest money yearly due for the said summes of money whereas in truth the pffitts of the said mortgaged lands and pmisses doe not amount in value to pay and satisfy the same it not exceeding nine pounds  And att the most and the copyhold estate being a determinable interest upon two lives soe that your oratrix is not well secured And the said John Price never paid your oratrix one penny in pte or towards the principall or interest due and upon the said mortgage  deed of one hundred pounds or upon the bond of tenn pounds due to her as aforesaid neither hath he paid satisified or discharged the said bonds in which your oratrix stands engaged with him unto the said Watkins and Exton or any pte thereof  or interest for the same or any pte thereof But your oratrix is againe daily threatened with arrest  upon the same and  [? ? ?]  suites thereupon is att least  the sume of foure pounds over and besides  the interest she hath paid for the forbearance thereof And moresoe it is may it please your Lordshipp that the said John Price two yeares since by continued with an intent to deprive your oratrix did suffer the said mortgaged pmisses to be extended and seized into the Kings Majies Hands [? ? ?] debt due or prtended to be due  and arreares and not by him acounted for when he was formerly a receiver of some pte of his Majties [?hy] Rents and your oratrixes cattle were lately seized by the Sherriffe of the county of Hereford for about the sume of nine pounds as charged and upon the mortgaged pmisses debts and the said John Price takes noe course att all either to discharge the said seizure or pay your oratrix her money due upon the said mortgage and discharge the said bonds due to your said oratrix  and which she is bound unto the said Watkins and Exton  but doth give out in [?] that the said debt due to his Majesty shall be charged upon the said mortgaged pmisses and that he will throwe the whole burthen upon your oratrix that your oratrix hath noe counter bond for the said debts due to Watkins and Exton All which doings of the said John Price are contrary to all Equity  and good conscience and bee told to your oratrix do greate wrong and [? ? ? ] In tender consideration whereof  And for that your oratrix is clearely remed[?] by the first Rule of Common Law to be absolved against the aforesaid bonds so entered into by your oratrix to and with the said John Price and for his debt unto the  said Watkins and Exton aforesaid [?] the end therefore that the said John  Price may  immediately pay and satisifey your oratrix in all such sume and sumes of money as are due unto her upon the aforesaid deeds of mortgage and may alsoe discharge your oratrix of the two said bonds unto the said Watkins and Exton and the said sume of Tenn poundes due by bond unto your oratrix as aforesaid and interest off and charges due for on the same or otherwise that the debts due upon the said bond and may be charged upon the surplusage of the mortgaged prmisses (if any there be) it being offence in Equity as your oratrix is obliged to pay his debts and that he the said John Price may be obligagted to take of the seizure of the said mortgaged prmisses or at least that your oratrix may be allowed the charge that shee be att in clearing the same and that be applied to the pricipall debt and that for non payment of what is justly due to your oratrix upon the said mortgage and bonds within such convenient time as your Lshpp shall thinke meete and convenient with interest charged that so the said John Price his heirs and assigns may be foreclosed of all Equity of redemcon of the said mortgaged prmisses your oratrix may take such other course against him for the remainder of that debt and damages shall [? ? ?] to be due to her and which she hath sustanned over and above the value of the mortgaged prmisses by law and justice shall be advised And that your oratrix may be allowed in all and singular the prmisses and damages shall it may please to be due to her and which she hath suffered over and above the value of the mortgaged prmisses by Law and Justice shall be advised And that to be directed to the said John Price the [same?] commanding him on a certane day and alsoe a certane time therein to be limited personally to be and appeare before your Lopp in this Honble Court And further to stand to and abide such order and force as your Lopp shall seeme meete and Agreeable And your oratrix shall ever pray etc.

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Observations:

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