C78/33 no. 6
25 November 1561
Wheare matter of vaquance hathe of longe time depended in this honourable Courte of Chauncerie betwene Edward Bellengham Esquier Plaintife and Richard Scrace Defendante alledginge by his said bill of Complainte That Where one Richard Scrace of Blachington in the Countie of Sussex Gentleman deceased the xvth day of Marche in the third yere of the raigne of the late kinge Edward the sixte made his last Will and Testamente ordeyninge thereby the said Defendaunt his sole Executoure and the said Complanaunte Ov[er]sear of the said last Will and by the same Will and Testamente Willed that his farme of Blachington Whiche for [...] yeres yette [...] hathe containaunce[?] for the space of [...] yeres to the occupac[i]on of the said Defendante to have the p[ro]ffitte thereof toward his lyvinge and to fynde his mother meate and drinke and payinge yerelie to the hand of the saied complanaunte fortie poundes for the p[er]formaunce of his said Will and further Willed after his said Will p[er]formed all his said farme and other leases to the said Defend and also willed that if the said Defendaunte died without wief or child that the said farme should remayne to one William Stone as by the said Will more att large may appere And after the said Richard Scrace the Testatour died after Whose deathe the said Defendaunte entered into the said farme of Blachington and receaved the yssues and p[ro]ffitt thereof without any paymente made of the said fortie poundes or of anie penny or parte thereof to the said Complanaunte duringe anie of the said seven yeres By reason whereof the daughters of the said Testatour for lacke of theire legacies remaine unmaried and [...] other of his children and kinfolke not advaunced accordinge to the intent and meaninge of the said Testator And further declarethe by his said bill of Complainte that the said Defendaunte beinge verie wilfullie addicted to his owne will and pleasure not regardinge the Connsaile of the said Complanaunte did other his frend fell into a francie and became verrye madde duringe whiche time that is to saie the sixte day of Setembre before the exhibitinge of the said bill the said Complanaunte toke the said Defendaunte in safe kepinge and for a time kepte him bound lest in his frencie and madnes he should distroye him selfe or some other as it was latelye that he wolde and thereupon the said complaynunte consideringe that he was made oversear of the said laste will and testamente and that yf the said defendaunte shoulde die withoute wief or childe that then the said Ferme of Blachington should remayne to the said William Stone and fearinge also leste some cause of reentrie choulde growe for non paimente of the rente toke into his handes by the advise and in the plaice of Thomas Cheyney Cosin Germaine to the said Defendaunte Cicelie Scrace and Paquell Colbroke his sisters Button and other his servaunt suche redie money as the said Defendaunte then had in his Coffer whiche was xxxiv li vj s viij d whereof tenne poundes was paied to the lord Albergavany dewe to him at Michaelmas then last past for the rente of the said farme of Blechington and xlvj s viij d the said Complanaunte deliv[er]ed unto the said sister of the said Defendaunte for the manteyninge of his household and the residue whiche was xvij li he safelie kepte in his owne handes to the use of the said Defend and further declareth in his said bill that the said Defendaunte by the good helpe and gov[er]nment of the said Complanaunte beinge come to his Witte againe and as one not regardinge the greate paines that the said Complanaunte of verie good will toke with him in the time of his late troble hathe of late caused him to be ejested by a [...] awarded oute of the Quienes benche and there hathe declared against him for a forceable entringe into his house breakinge up of his Cofferes and takinge aware in money nombred thirtie poundes althoughe the said Complanaunte hathe [...] times tendered unto him the said xvij li that remaneth unto whiche oute the said Complantaunte is not able to make answere by the ordre of the Coman lawe of the Realme and so is like to be condempned in the said xxix li vi s viij d without anie allowaunce of the said tenne poundes paied to the said Lord Aburgaveny in Valuac[i]on of the said farme of Blachington or the said xlvj s viij d deliv[er]ed to his said sister for the manteynaunce of his said house Whereupon he praieth aide of this Courte Whereunto the said Defendaunte made answere confessinge the said Will to be true in man[ner] and forme as in the said bill was alledged And further alledgeth in his said answere that he willed by his said will that the said Defendaunte should enter into bond by Obligac[i]on to the said Complanaunte for the yerelie payment of the said some of xl li duringe the space of seven yeres and further should withe the yssues and p[ro[ffitt of the same farme of Blachington finde to him selfe and his mother convenient meate and drinke the whiche the said Defendaunte did accordinglie and further declareth in his said answere that for as muche as the said will was merelie void in lawe as havinge respecte to complell the said Defendaunte to make anie suche bond to the said complanaunte and for that he same Defendaunte beinge sole Executour was not onelie and directlye chargeable to suche p[er]sons to whome anie legacies were given and lymitted by the said last will and testamente But also for the payment of suche debts as were due by the said Testatour of whiche debts and legacies nor of anie of them he could not receive anie sufficient discharge in lawe by reason of anie payment thereof made to the said Complanaunte the said Complanaunt that understandinge required not the said Defendaunte to pay to him ygely the said some of fortie pounds by the space of seven yeres and further saieth that although he has therein required the said Defendaunt yet he was not by order of lawe nor by reason of the said will chargeable to have made anie suche paymente to the said Complanaunte but did therewith stand charged to suche p[er]sons to whome such legacies were given and assigned by the said will to whome he hathe paied accordingely and according to the intente of the said last will except onely to suche of them as are or were deade and disceased before the time lymitted for the same and excepte tenne pouns remayninge yet unanswered to one Sisley Scrace one of the said Defendants sisters whiche he is redie to paie whensoev[er] it shalbe by her laufullie demaunded and further declareth that above two yeres then last past the said Complanaunt conceyvinge without cause of the said Defendaunts grevous displesure toward him did take the said Defendaunt and by the aide of one Thomas Worgar and others did binde him and kepe him as prisoner in his owne house and [euell] intreated him sometime with menacinge words and threts and sometime with faire p[er]swasions [p...ired] by the said Complanaunt to make his will and disposic[i]on of his goods and cattells and to take therein suche order as should seme good to the said Complanaunte whiche to doe the same Defendaunte refused doubtine that the said p[er]swasions toward him used did p[ro]cede of anie good will or frendlie dealinge toward him and further saieth that the said Complanaunt did breake up the chest of this Defend and did take fourthe of the same chest one Indenture of lease of the Mannour of Blechington and one bill obligatorie wherein the said lord Aburgaveny stode bounden to the saied Defeundaunt in the some of xx li whiche Indenture and bill obligatory the said Complanaunt yet witholdeth frome the said Defendaunt and also besides the some of xxxiij li for the wrongfull takinge thereof and for the breakinge of his house and chest the said Defendaunt hathe p[re]sented by bill of trespas against the said Complanaunte in the king bench att Westin and further [Granteth?] the rest of the bill as by the said answere more att large it dothe and may appere. Whereunto the said Complt replied Whereupon they were att full and p[er]fecte yssue and witnesses [...] order examined and publicac[i]on hadd accordinglie Whereupon and for [asuinche] as upon the heringe the debatinge of the said matter it apeared to this Courte that the money whiche the Defendaunt by his answere supposed to come to the hand of the pt was and is but the some of xvij li all suche [...] as money then went confessed by the othe of the said pt taken in this court to be no more nether the same altered or chaunged since which yett remayneth in his handes and ev[er] since the takinge thereof hath ben Qased accordingly in a bagg And for that also conc[er]ninge [...] bill and specialties supposed by the said Defend to come to thand of the pt this Courte hath thought good to comitte the heringe and det[er]minac[i]on thereof to maister Doctor Gibbons and maister Doctor Sefton chosen by assent of both parties yt is therefore this p[re]sent terme of Saint Michell tharchangell that is to say the xxvth of Novembre in the fourthe yere of the raigne of our sov[er]eigne ladye Elizabeth by the grace of god Quene of England Fraunce and Ireland Defendour of the faithe & By the right honourable Sir Nichas Bacon knight lord keper of the greate seale of England and the hole Courte of Chauncerie ordered adiudged and decreed that the said pt shall upon his othe as afore said fourthwithe upon the [...] of this Decree deliv[er] or cause to be deliv[er]ed to the said Defendaunt the said xvij li in the bagg as the same is nowe sealed and the said Defendaunt not further to sewe or vex the said pt att the domon lawe for the same or any the p[re]misses aforesaid.