Archive:C 1/719/9

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Summary

Richard a Canell, of Leonard Stanley, co. Gloucester, son and heir of Alice, daughter of John Ellettes, v. Robert Whytney of Castleton.: Detention of deeds relating to messuages and land in Newnton, late of the said Ellettes, defendant having bought one-half from his grand-daughters.

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Transcription

To the Right hono(u)rable Sir Thom(a)s Audeley knyght lord Chancelor of England

In moste humble wise show(eth) unto your good lordshipp your Daylie Oratur Rychard a Canill of leonard Stanley in the Countye of Gloucestre that wheras one John Elletts grandfather of your said Orat(or) was seasyd of and in ij _eases and iiij acres of land medow pasture and woods w(ith) th'app(er)tenences sett and lying in Newnton in the Countye of Hereford in his Demeien as of ffee and so seased died by p(ro)testacion therof seasyd after whois deth all the p(re)mysses descendyd and of right ought to discend to Johann Elletts Alice Elletts Elizabeth Elletts and Mawde Elletts as daught(er)s and heires of the said John Elletts which Elizabeth & maude after died w(ith)out yssue of there bodyes lawfully begotten after the decease of which Elizabeth and Mawde all there p(ro)parties of and in the p(re)mysses recordyd and of right ought to Discend to your said Orator as said and heire of [blurred] deceased one of the systers and heires of the said Elizabeth & maude & ____ kat(er)yn and Johanne Daughters and heires of the said Johnne [blurred]syd and other of the systers and heires of the said Elizabeth and Maude ____ also ___ the decease of the said Alice all her p(ro)partye ought to discend to your said orator as son and heire of the same Alice so it is good lord that dyv(er)se chart(er)s wrytyngs and mynuments conc(er)nyng the tytle of the p(re)mysses _____ come to handes of one Robert Whitney of Castelton in the said countye of Hereford gentylman who by? _____ therof hath ent(er)ed into the p(re)mysses and hath caused Dyv(er)se secret estates to be made of and in the P(re)mysses for ____ and by reason wherof your said Orator know not how to atchyv and obteynd the P(re)mysses which Robert also hath redemyd the tytle of th'other ________ of your said Orator in there p(ro)p(er)ties so that they will not wyne w(ith) your said Orat(o)r in this suyt to the utter Undoyng of your seid Orater in this worlde enlesse your good lordshipp lafull favor be to hym showed in this behalf In consyderacon wherof and for as mych as the said Robert hathe allwayes refused to make redolyn' of the said wrytyngs and mynymentes to your said Orat(o)r although he hath ben therunto by your said Orat(o)r often tymes requyred agaynst which Robert your said Orater hath no remedy for the recovery of the same as well for the cause above wh____ at also for that that your said Orat(o)r know(eth) not the c(er)tenty of the said wrytynges nor whether they be in chest locked or bag or box sealed yt may therfor please your said lordshipp to grant a wryt of sub pena to be directyd to the said Robert Whytney remandyng him by the same p(er)sonally to appere before your said lordshipp in the Kings high Court of Chaunc(er)y at a c(er)ten day and under a c(er)ten payne by y(ou)r said lordshipp to be limytted ther to Answer to the p(re)mysses and your said Oratur shall Daylie p(ra)y to god for the p(ro)sperous estate of the good lordshipp long to endure