Bedfordshire Archives Service Catalogue
  • Reference
    X458/7/2
  • Title
    Bill of Complaint by Thomas Midleton of Stansted Mountfichett [Essex], esquire, son and executor of Tymothy Midleton of Stansted Mountfitchett
  • Date free text
    3 Feb 1658
  • Production date
    From: 1653 To: 1658
  • Scope and Content
    Stating: - Mortgage by demise for 1,000 years of 5 Jul 1653 from Edmund Chamberlin, late of Stratton Awdley [Oxfordshire], esquire, deceased, and Bray Chamberlin, late of Cranfeild, now of Bidington [?Tiddington], Oxfordshire, gentleman, to Tymothy Midleton to secure £600 at 6% interest on: (a) 2 closes of pasture called Great Ridlands in Cranfield formerly in occupation of Richard Morton and Thomas Perkins respectively, then of Bray Chamberlin and containing 30 acres with, to South, land of Peter Edwards and close of pasture of Richard West; (b) wood ground belonging to and adjoining (a) and containing 3 acres; (c) two closes of pasture called Ridlands, on the fourth side of the messuage or tenement in occupation of Bray Chamberlin called Leigh Lodge; (d) pightles of pasture together with a certain ground adjoining in Cranfield containing 40 acres late in occupation of John Mowse and Richard Mowse then of Bray Chamberlin; (e) cottage in Cranfield then or late in occupation of George Hartwell (a)-(e) being part of the Manor of Rutlands also Ridlandes also Rutland Feildes having a yearly value of £60 and worth above £1,200. - BC and EC agreed to pay to Tymothy Midleton £18 on 8 Jan 1654 and £618 on 8 Jul 1654 with the proviso that in default of payment (a)-(e) would be forfeited to Tymothy Midleton - BC and EC defaulted on payment but prayed Tymothy Midleton's forbearance - Edmond Chamberlin died about 1654 and Franke Chamberlin of Stratton Awdley, esquire, his son and heir, and Bray Chamberlin remained in possession of (a)-(e) continuing to draw income from it - Will of Tymothy Midleton made Thomas Midleton his sole executor - Death of Tymothy Midleton and proof of his will by Thomas Midleton - Thomas Midleton resolved to enter premises but was prevailed to forbear by BC and EC who continued to draw income from (a)-(e) - Local inhabitants place the value of (a)-(e) at £40 per annum, all timber and woods have been wholly cut down and destroyed and houses and barns pulled down and taken away by BC and FC so the land will scarcely secure the loan - BC and FC have been helped by persons unknown to degrade (a)-(e) and these persons should be discovered and their names added to the Bill of Complaint - BC and FC refuse to pay and dispute Thomas Midleton's title saying: neither EC nor BC had estate in the premises at the time the lease was made but it was another, unnamed person's, estate in trust for them; that EC and BC conveyed (a)-(e) to someone in trust for their lives before the mortgage; that (a)-(e) were sold altogether or demised for a term of years or mortgaged, or rent charges were granted out of it or judgements, statutes and recognizances made about it all before the mortgage was made. - BC and EC refuse to give names or dates or any other particulars concerning previous transactions involving (a)-(e) and state that Thomas Midleton cannot [ ] (a)-(e) as, on payment of the mortgage, they could recover it again Thomas Midleton then asks the court: - to discover and set aside any settlements, conveyances, leases, assurances, judgements, statutes and recognizances on (a)- (e) and make the demise for 1,000 years to Tymothy Midleton absolute, free from equity of redemption - Thomas Midleton's witnesses proving his case have either died or "gone into remote places" and he asks that the court subpoena and examine BC, FC or their confederates as to whether the demise to Tymothy Midleton was made and whether other previous transactions rendered the demise invalid. Signed Wi.Webb The Bill is annotated: - "Maydwell"; - "Mr.Barry Scri [Secretary?] in Pie Alley in ffa" - "Mr.Bird Staple Inne"; - "Pay 7d Porter to R.Bird"
  • Level of description
    item
Hierarchy browser