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| Of this lawsuit, apparently only the Bill of Complaint has survived. It's clearly and legibly written. A hole in the parchment, at the beginning of lines 43-45 (see image), has lost some words, which are here supplied by conjecture. Text has been modernised, but surnames retain their original spelling. Ellipses or asterisks indicate missing or unreadable text; words enclosed in {curly braces} are questionable readings. For unfamiliar terms, such as 'demised' or 'indented', see the Glossary. For Robert Strickland's will, the subject of this lawsuit, click here |  |
| • The Bill of Complaint of John Carter |
The Bill of Complaint of John Carter
Decimo nono Octobris 1591
To the Right Honorable Sir Christopher Hatton of the most noble Order of the Garter, knight, Lord Chancellor of England
[1] Humbly complaining sheweth unto your honorable lordship James Carter of the town of St Albans in the county of Hertford, That whereas Robert [2] Strickland late of the parish of Saint Saviour in the borough of Southwark in the county of Surrey deceased was in his lifetime lawfully possessed [3] for term of divers years then to come of & in all those grounds, pastures, s**dings, meadows & moors with the appurtenances, commonly called or [4] known by the name of the willis [= Wylys], otherwise Southwark Park, being enclosed partly with pale & rail & the rest with banks & ditches together with the [5] house or lodge within the same, set, lying, and being in the west part of the borough of Southwark & within the parish of St Saviour in the said [6] county of Surrey, and also of & in certain garden plots and other void grounds lying between the pale of the same pastures & the [7] common sewer there together with all & singular the commodities & profits thereunto belonging by force of a demise made unto the said Robert [8] Strickland by one Robert Austen of Farnham in the said county of Surrey for certain years then to come & unexpired. And the said Robert Strickland being of [9] such estate possessed of & in the said premises, made his last will & testament in writing & of the same his last will & testament made your said orator & [10] one James Hutton of Landbeach in the county of Cambridge his executors & died, by and after whose death your said orator and the said James [11] entered into the before mentioned demised premises & became lawfully possessed thereof as executors of the last will & testament aforesaid for and [12] during all the residue of the said term of years then to come & unexpired. And your said orator and the said James Huttonn being so [13] possessed by deed indented bearing date about the thirteenth day of December in the one and twentieth year of the reign of our sovereign lady the [14] queen's majesty that now is [=1578] demised the before mentioned premises to one Robert Face, to have and to hold the same unto him the said Robert Face from [15] the seven and twentieth day of September then last past before the date of the said deed indented unto the end and term of nine years from thence [16] next ensuing & fully to be complete & ended, yielding & paying therefor yearly unto your said orator and unto him the said James Hutton, their executors [17] & assigns, the sum of four score & eighteen pounds of good & lawful money of England payable at the feasts & times in the said deed indented [18] mentioned & expressed. And for that your said orator & the said James Hutton were jointly possessed, aswell of the reversion of the said term of years as of [19] the said rent reserved as aforesaid, and if one of them happened to decease the other should have the whole term & rent by way of survivor & [20] overliving, which was not their intent & meaning, for it was betwixt them agreed that the rent aforesaid should be divided betwixt him that should [21] survive & the executors of him that should first decease, & to the end that such their meaning might be effected accordingly there passed one [22] indenture betwixt your said orator & him the said James Hutton wherein & whereby it was covenanted & agreed betwixt the said parties to this or the [23] like effect following, that is to wit, the said James Carter now your lordship's said orator for him his executors & administrators did by the same indenture covenant and [24] grant to & with the said James Hutton his executors and administrators that if the said James Hutton did happen to die leaving the said James Carter now your said orator and [25] during the term that they the said James Carter & James Hutton had in the said reversion rent & other the before mentioned premises that yet that not [26] withstanding the said James Carter his executors administrators & assigns & all other then claiming or that after should happen to have or claim any interest in the said [27] premises by the said James Carter will & shall permit & suffer the executors & assigns of the said James Hutton to levy perceive receive take use & enjoy [28] to their own use the one moiety of all profits commodities & fruits that during the said term shall happen to grow come arise or be taken of the same over & above fifty three [29] pounds six shillings eight pence to be yearly paid unto the said Robert Austen his heirs or assigns & five pounds yearly by the last will & testament of the said Robert [30] Strickland to be distributed amongst the poor people of the said parish of St Saviour. And the said James Hutton did by the same indenture covenant & grant in [31] like manner to all intents & purposes with your said orator & your said orator did become bound to the said James Hutton by obligation in the sum of two hundred marks with [32] condition for the performance of the covenants of the said last recited indenture. And the said James Hutton became likewise bound to your said orator in the like sum & [33] with the like condition & afterwards the said James Hutton made his last will & testament in writing & thereof made one John Spackman his executor & shortly [34] after died after whose death your said orator did from time to time in performance of the said covenant made with the said James aforesaid satisfy & pay to him the said John [35] Spackman the one moiety of the rent reserved upon the said demise made to the said Robert Face as aforesaid the said £53.6s.8d limited to be paid to the said Robert Austen [36] & the said £5 limited to be distributed amongst the poor of the said parish of St Saviour being deducted upon the payment whereof the said John Spackman didsay[37] yearly allow & give back unto your said orator 6s.8d which he did agree to give and allow to your said orator in respect of the charges & travail which your said orator did take in traveling [38] from St Albans to London for the demanding levying and gathering of the said rent and about the payment of rent reserved upon the said original lease. And your lordship's said orator expecting nothing but good & honest dealing did not upon [39] the payment of the said one moiety of the rent aforesaid to the said John Spackman in performance of the said recited covenant with the said James Hutton as aforesaid call any person [40] to witness the same nor yet demanded any acquaintance to testify the payment thereof. But so it is, right honorable good lord, that the said John Spackman seeking [41] from the beginning as by the sequel of his dealings may appear for to make a great gain unto himself by the said covenant & obligation than was meant or intended either by your said [42] orator or the said James Hutton at the time of the making thereof the said John Spackman now contrary to all equity publisheth & giveth out in speech that forasmuch as your said [43] orator [-had-] not any witness or acquaintance to prove and testify the several payments before mentioned that by means hereof in extremity of law the said obligation wherein your said orator [44] [-being in debt to-] the said Hutton in the sum of 200 marks as aforesaid should be forfeited the penalties for forfeiture whereof the said John Spackman threateneth to recover against your said [45] [-orator at a-] speed which your said orator shall not be able to prevent by reason he hath not any witness or other proof to testify the said several payments made in performance of [46] the covenant aforesaid. In consideration whereof & for that your said orator hath in equity performed the covenant aforesaid & hath also permitted & suffered the said John [47] Spackman to have take & enjoy the one moiety of the profits & commodities thereof according to the true intent & meaning of the said covenant & thereby the condition of the [48] obligation aforesaid wherein your said orator became bound to the said Hutton is in all equity performed & for that also that your said orator hath been & yet is ready to satisfy [49] & pay all such money (as the said John Spackman can or shall justly prove to be behind & unpaid) of the said moiety of the rent aforesaid limited & appointed to be paid [50] by the true intent & meaning of the covenant aforesaid or that the said John Spackman shall upon his oath affirm to be behind & unpaid contrary to the true meaning of the [51] said recited covenant whereof {some further recompence as shall be in that behalf adjudged & ordered to be paid by this most honorable court may it therefore please your [52] good lordship the premises considered to issue forth the queen's majesty's most gracious writ of subpoena to be directed to the said John Spackman straightly charging [53] him thereby at a certain day & under a certain pain therein to be limited personally to appear before your good lordship in the queen's majesty's high Court of Chancery [54] then & there to answer to the premises & further to stand to & abide such good order & direction therein as to your good lordship shall seem best to stand [55] with equity & good conscience & your said orator shall duly pray for the continuance of your good lordship in health and much increase of honor.