Title
Draft of Complaint by Thomas Field esq of the Middle Temple, London, debtor, accountant to his Majesty, before Rt Hon Henry Pelham esq, Chancellor and Under Treasurer of the Court of Exchequer, and Sir Thomas Parker, knight, Lord Chief Baron of the same Court :
- Thomas's late father John Field, gent, of Hitchin, was seised before April 1694 of a freehold estate in Higham Gobion, part of which was Bushie Close valued at 400 or more. Before his marriage to Mary Nicholls, John conveyed this land in April 1694 in trust to Charles Nicholls and William Barr for a jointure, and after the couple's deaths the land was to go to their first son in tail male. John Field died 1738 [Barton burial register gives 26 Dec 1728] and Mary died 1742.
- John Field was also at the time of his death seised of a copyhold estate in Barton called Stonely Grove, held of Barton Manor; and a messuage in Hitchin.
- Thomas as eldest son expected to receive these properties and all other title deeds on his father's death. But Thomas's youngest brother Charles Nicholls Field of Hitchin, Attorney at Law, together with William Thomas of Hitchin, maltster, and other people as yet unknown, claimed his late father purchased Bushie Close only after the jointure was made and by some will or disposition conveyed the jointured premises to Charles Nicholls Field; and that after John's death their mother, Mary, gave CNF not only the premises but also the title deeds to that and other freehold and copyhold estate.
Thomas claims: that if John Field made a will or disposition, it was obtained by fraud because he was incapable through age and sickness of managing his own affairs, much less making a will.
- Under the fraudulent will CNF intends to be admitted tenant to Stonely Wood, and has committed great waste there by cutting down all the timber and felling all the underwood since last Christmas.
Before CNF got the fraudulent will, and during John Field's incapacity, CNF got a conveyance or equity of redemption of the messuage in Hitchin. On his father's death he produced the pretended deed, but their uncle Charles Nicholls, who some years before had a mortgage arrangement on the property with John Field, requested CNF deliver the pretended conveyance in front of witnesses. CNF refused. Mr Nicholls threatened to sue Thomas as heir at law of his father if he didn't join with CNF in the sale of the messuage - he believed the deed was unfairly obtained but only a suit in a court of equity could prove it. Thomas was persuaded to join in the sale but received only 90 for his interest and was compelled to pay over 90 to CNF, yet CNF detained or cancelled the fraudulent conveyance.
William Thomas obtained some writing purporting to be a lease of a malting with kiln adjoining, with CNF's or his mother's consent. By a document in Thomas Field's possession, William Thomas agreed to stop up a window in the malting which he then still occupied. Thomas Field, on his mother's death and the death of his uncle Charles Nicholls who died without issue, is well entitled to the messuage in Hitchin, but William Thomas, at CNF's direction, refuses to stop up the window, to the nuisance of Thomas Field's tenant.
- While Thomas was sick in London after his mother's death, CNF went to William Cobb's house, the tenant of the jointured premises in Higham Gobion, pretending to act on behalf of Thomas to collect 15 rent money. William Cobb paid, and some time after that paid 5 more. CNF refuses to repay this to Thomas, falsely pretending William Cobb owed their mother a large sum, so as to frustrate Thomas' remedy at law against him. CNF also claims Thomas owes him in a very large sum and threatens to prosecute him, but what such debt is or how it arose CNF refuses to reveal.
All which acts are contrary to equity and good conscience, and tend to the great injury of Thomas whose right is only retrievable in a court of law.
Thomas Field requests clarification of the following:
- how Thomas's late father before his marriage was entitled to the freehold and copyhold listed above, when he made such jointure, where the jointure deeds now are or when CNF last saw them
- what title CNF, William Thomas and their confederates have to any light or easement in any yard, before whom made, who drew or prepared them
- when and how his father was rendered incapable to manage his affairs
- when CNF last had in his custody any writing belonging to their father's estate, with dates and material contents
- whether he did not receive the sums of money on the pretences and why.
Thomas Field requests that:
- CNF come to an account and make satisfaction with him for all these matters and hand over all the deeds
- William Thomas stop up the window according to his agreement
- CNF set forth whether Thomas is really bona fide indebted to him and how the debt arose
- proceedings at law against him by CNF are stayed by the injunction of this court.