Court of Requests: Edward Bowes v. John Digges and John Gape

Item 8 (30 January) (Bill of Complaint)

To the Quenes most Excellent maiestie/

Humbly Complayninge sheweth and besecheth your moste excellent maiestie Edwarde Bowes Esquire one of your maiestes ordinary seruantes That whereas Stephen Late Bishopp of Wynton by his Indenture bearinge date the Sixt Daie of Marche in the one and thirteth yere of the raigne of the Late kinge of famouse memory kinge henry the eighte your highnes Late father did Demise and to ferme Lett vnto one William Payne nowe Deceassed Certen Cappitall messuages and tenementes called the barge the bell and the cocke scytuate and beinge vpon the bancke sometyme called the Stewes buttinge and lyinge againste the kinges highe Waie next to the Water of Thames on the northe side with diuers other smalle howses gardens and warfes and all the Commodyties and proffytes Comynge in and vppon the same or any parte thereof for the terme of fourescore and nyntene yeres to be accompted from the feaste of Thannunncyacion of our Lady St Mary the virgin next ensuinge the date of the same Indenture ffor the yerely rente of nyne shillinges and sixe pence paiable yerely att the feaste of St Michaell Tharchaungell and Thannuncyacion of our Lady St Mary the virgin by evyn porcions/ Which said Lease was Lawfully and sufficyently confirmed and allowed of by the then deane and Chapter of wynton/ By vertue whereof the saide William Payne did enter into the saide messuages and other the premisses and was thereof possessed accordinglie, Which said messuages are nowe called the old beare garden or parishe garden and vsed and imployed for the kepinge and baytinge of bulls beares and other games/ And whereas afterwardes aboute the moneth of ffebruary in the fiftenth yere of your highnes raigne the saide william Payne did demyse and graunte the same premysses by the name of the tenementes beare howses bull howse yardes and baytinge place vnto one Edwarde wistowe for and duringe so many yeres as the said william Payne then hadd to come therin/ By force of which demyse and graunte the saide Edwarde wistowe did enter into all the same premysses and was thereof possessed accordinglie for and duringe all the then residue of the said terme, And hee so beinge thereof possessed afterwardes in or aboute the one & twentith yere of your highness raigne did graunte assigne and sett ouer the same premysses and all his estate ryghte title interest and terme of yeres therin then to come and the wrytinges and Indentures thereof vnto one Iohn Napton Citizen and grocer of London, who by force thereof Lykewise entered in and to the same and was thereof possessed for and Duringe all the then residue of the saide terme/ And whereas the said Iohn napton so beinge thereof possessed by his Indenture or wrytinge by him sealed and delyuered as his deede bearinge date the three and twentith daie of December in the two and twentith yere of your maiesttes raigne for diuers good causes and consideracions him therevnto movinge did demyse graunte and to ferme Lett all the same premysses and the games proffyttes and Commodities thereof vnto one morgan Pope Citizen and goldsmith of London for the terme of fourty yeres to be accompted from the feaste of St Michaell tharchaungell last past before the date of the same Last menconed Indenture with and vpon condicion therin conteyned That yf the said Iohn napton his executors or assignes or any of them should well and truly paie or cause to be pade to the said morgan Pope his executors or assignes the somme of one hundreth and twenty poundes of good and Lawfull money of Englande att certen daies in the saide Indenture Lymited nowe paste That then the saide Indenture should cease Determyne and be vtterly Voide/ of and in paymente of which somme of one hundreth and twenty poundes the said Iohn Napton his heires executours administratours and assignes and euery of them did faile and make defaulte/ By vertue of which demyse and Lease the said morgan Pope into all the saide premysses did enter and was thereof possessed for and duringe all the said terme of fourty yeres And so beinge thereof possessed afterwardes after defaulte made of and in the paymente of the said somme of one hundreth and twenty poundes by his sufficyent Deede in wrytinge for and in consideracion of a greate somme of money to him by your supplyant well and truly satisffyed and contented did alyen assigne and settouer the said tenemente beare garden and all other the premysses with their appurtenaunces and the said Indentures and wrytinges aforesaid made of the conveyaunce thereof to the said morgan Pope to your saide supplyant his executours & assignes for and duringe so many yeres of the said terme of fourty yeres as were then to come and vnexpired./ By vertue whereof your saide supplyant did enter in and to the same premysses and was thereof possessed accordinglie and the rentes proffyttes and Commodyties thereof did receyve and take to your supplyantes owne vse and behouf. And in and aboute the same did place all the beares dogges and other such thinges which your supplyant hath for the better seruice of your maiesty in and concerninge your highnes game and pastyme The gouernement and order whereof by and vnder the graunte or assignement of your maiestie your supplyant hath beinge a place of Longe tyme vsed to and for those purposes and most fytt for the same And for that cause cost your supplyant muche more dearer then otherwise they should, And they there contynued vntill one Iohn Digges and Iohn Gape vpon malice towardes your supplyant by reason that they haue by Casuall meanes gott into their handes and possessions the said oryginall Indenture of Lease and confirmacion and other Indentures and wrytinges towchinge and concerninge the conveyaunce and assignemente thereof in righte belonginge to your said supplyant doe seeke to suppresse and withhold the same from your said supplyant and by meanes thereof thinckinge that your said supplyant for the wante thereof shall nott be able to maynteyne and make prouffe of his righte and Lawfull title in and to the same haue made sundry vnlawfull entryes in and to the same premysses, and haue nowe of Late Commenced suite in your highnes Courte Commonly called your benche againste your supplyant and one william glouer your supplyantes seruant in and aboute the premisses for and concerninge the holdinge and occupynge thereof, And to geve some colour of title to them selues and for further pretence of their said vnlawfull Entryes do pretend and haue geven owte speaches as your supplyant is enformed That the said Iohn napton by one wrytinge or Indenture bearinge date longe tyme before the said conveyaunce and assignemente made to the said morgan Pope did convey and assigne the same to them the said Iohn Digges and Iohn Gape, Whereas your oratour ys well able to proue that there was no such conveyaunce or assignement vnto them made, or yf that there were that yet the same was made vppon vnlawfull and corrupte cheuisance and for excessyve vsury and so frustrate and voide in lawe or vpon some fraude or covyn either antedated or otherwise craftely for to deceyve and defraude the said Morgan Pope Whose assignee your supplyant ys, And yet neuerthelesse yf your supplyant should wyne in issue with them and come to tryall thereof att the Common Lawe with such speede as by the stricte Course thereof hee should be compelled your said oratour for wante of the said wrytinges and conveyaunces and for Lacke of thexamynacions of such wytnesses and proufe as were and bynne nedefull to proue serche and examyne to thende to beate and trye owte the truth & necessary Circumstances of the said vnlawfull and corrupte cheuisaunce vsury fraud covyn crafte and deceipte should hardly be able to disproue or gayne saie their said vnlawfull and pretensed title and so mighte indaunger your supplyantes iuste title & right In Consideracion whereof and forasmuche as they the said Iohn Digges and Iohn Gape haue and doo prosente the same their suite with suche extraordynary speede that your supplyant without your highnes moste gracyous and fauourable ayde shall nott be able in such shorte space to gett such wytnesses and prouffes as were requisite for the disprovinge of their said pretences and in deede can haue no testymony so good to proue the said vnlawfull corrupte cheuisance and vsury fraude covyn Crafte & decepte as the deposicions of the said digges and Gape which your oratour hopeth the will manifest vpon their corporall othes yf nott in respecte of their conscyences yet for feare to incurr the daunger of your highnes good and hole some Lawes in such<.....> made and prouided May ytt therefore and in respecte of your supplyantes beinge your maiestes ordinary seruantes, and that the same premysses be imployed to and for your maiestes seruice please your moste excellente maieste of your accustomed clemencye to vouchsafe to graunte vnto your said supplyant and seruant nott only your highnes moste gracyous wrytte of preuy seale to be directed vnto the saide Iohn Digges and Iohn Gape and either of them Commaundinge them and either of them by vertue thereof att a certen daie and vnder a certen paine therin to be Lymited to be and personally to appeare before your maiestie in your highnes Courte of requestes then and there to aunswere to the premisses Butt also your said maiestes wrytt of Iniunction to be awarded owte of your highnes said Courte to be directed vnto the saide Iohn Digges and Iohn Gape and either of them thereby Commaundinge and Innioyninge them and either of them and their Counsellours Attorneys Sollicytours Assignees and factors and euery of them vnder a lyke paine nott p to proceede any further in the said suite by them already Attempted or any other accion or suite what soeuer for or concerninge the same by or att the Common Lawes of this your highnes Realme, or to make any further entrye or otherwise to intermeddle with or disturbe your said oratours possession of the same premysses vntill vpon the hearinge of the same cause before your maiestie or the in the said Courte or the masters & Councell of the same Courte further order shalbe therin taken, And your maiestes said supplyant accordinge to his bounden Duty shall daily praie vnto god for your moste excellente maiestes longe and prosperous raigne ouer vs/

(signed) Pagytt