STAC 5/D42/27

From Waalt

This would appear to be an incomplete copy of a decree from the Court of Requests, as comparison with pages 442 and 443 of REQ 1/18 (orders, decrees and memoranda of the Court of Requests) will demonstrate


Decimo tertio die Maij Anno Rkne Elizabeth &c xxxvij mo

In the matter in varience before the Queenes Ma[jes]tie and her highnes honorable Counsaill at the suite of Harman Duman and Agnes his wief, Edward Symonds and Rebecca his wief late wief of Thomas Ramsey deceased and John Dirrickson Complaynants against Roger Jeames and Elizabeth late the wief of Henry jeames now deceased defendants, Concerninge (amongest other things) dyvers and sundry goods Chattells and somes of money Which the said Complaynants Clayme by vertue of the Last will and testament of Roger Derrickson deceased, late brother of the said Complts John, Agnes, and Rebecca, as in the said Bill is at large declared/ And also concerninge a fourthe p[ar]te of the gaynes of a stock of one Thowsand and Eight Hunderth Poundes in Brewinge with the Brewhouse called the harts horne in Eastsmithfeilde duringe the terme of Eight yeres (the Costs and Chardges first deducted and allowed) Which one Roger Jeames Brewer deceased late father to the said Defendant Roger Jeames (in consideracon of the faithfull service before done and to be done by the said Roger Derrickson unto him the said Roger Jeames deceased) ............................................... the said Bill is likewise sett fourthe and declared Forasmuch as the same cause having bene formerly referred by order of this Courte to the hearinge and endinge of Andrew Palmer and Thomas Fettiplace Marchannts of London The said Comittees have certefied her Ma[jesties] said Councell That whereas it evidently appeared unto them, that in all equity and good Consciens one fourthe parte of all the gaynes gotten in the Brewhouse did belonge to the said Roger Derrickson and so by his legacy to the Compl[ainants], they fyndinge all the said gaines to rest in debts did by consent of all the parties, Caused all those debts to be p[er]used and devyded into four severall parts and to be written into four severall bookes, Which bookes the parties delivered to the Conissioners acknowledginge the same to be a iust and true division, savinge one some of lxxxli that Remayneth upon other Recconings betweene them, ... said def also agreeing that in equity the Compl ought to have one fourth parte of all the said debts and all benyfitt to growe of the same fourthe parte But the def shewed them many dowbts how he might make a l[ette]re of Atturney or other Conveyance to the Pl for Recovery of the said fourthe parte of the said debts As by a certificat into this Courte sent under the hands of the said Comissioners Dated the One and Twentith daie of Jannary last past Amongest other things therein Conteyned maie Appeare It is this p[rese]nte daie by her ma[jesties] Connsaile upon open hearing and debatinge of the said cause, in the p[rese]nce of both the said parties and of their Connsaill ..... .....[incomplete]