Search

21 July ⟨1534.⟩ Letters patent of Hen. VIII inspecting (i) George Lord Burgavenny’s bill in Chancery against Thomas Cumberforth . The plea is that T. C. acquired the manor of Wyggynton for £580, but on condition that he should restore it to G. lord B. if the latter repaid the purchase money, with a sum to be decided by the arbitration of Sir John Aston and Sir Edward Ferrers , kts., for improvements, within 6 years. On his refusal to do so G. lord B. filed this complaint. (ii) the sub poena summoning T. C. (6 Nov. 10 Hen. VIII). (iii) The answer of T. C., who denied that the sale had been conditional. They had made the bargain about the 8th of May 5 Hen. VIII, and the indentures had been drawn up on the 10th., but lord B. would not seal them until he had received £100 in part payment from T. C., and when this had been done he still refused to seal, demanding the £100 as a loan until his return from France. T. C. replied that this was impossible, as he had pledged his lands to the clear yearly value of £32/13/4 in order to raise the £580, but lord B. would not return the £100. Lord B. then went to France. Afterwards one Doctor Roote, ‘being of Counseille with the seid lord, movyd unto the seid’ T. C., that if lord B. repaid the £580 he should have back his manor. Thomas disagreed, but not knowing how he should come to the perfection of his bargain nor to the repayment of his money, sealed the bill which lord B. had drawn up containing the above mentioned condition. The deposition of Dr. Roote (doctor in decrees and parson of Bukstes in Sussex , age 49) examined 30 Nov. 10 Hen. VIII, said that the Easter before the king went abroad, he, John Roote his brother, Walter Myles , Antony Fitzherbert sergeant at law &c. were with lord B. in his place at Paternoster Row in London, when the said bargain was made. John Roote drew up the bill containing the conditional clause there on 6 June 5 Hen. VIII, and T. C. sealed it without any compulsion. ‘Which bill was then made in great haste because the king was in preparyng him toward Canterbury and had ywyn knowledge to lye at the seid lordes place at Birlyng.’ William Leicester of Coffeton (Worcs.) gentleman, age 78, said that about 5 years ago, when he gave up his office of Receivership in Staffordshire under lord Burgavenny, he was present in Paternoster Row and heard the terms of the conditional sale, and the fact that the condition was sealed before the indentures. John Roote of Litlyngton (Sussex), gentleman, 60, also present, and wrote the bill. Walter Myles , receiver to part of the lands of the lord B., gent., aged 47. For T. C. Rychard Covert of Slagham (Sussex) Esq., age 54, examined 9 Feb. 10 Hen. VIII, said that 4 Hen. VIII there had been ‘a variaunce’ between T. C. and lord B. by reason of their two manors adjoining in Staffordshire, and that T. C. asked him to approach lord B. about leasing the manor to T. C. John Lucas servant of T. C., 33 yrs., said that Antony Babyngton had in Westminster Hall, on May 12, reported to him his lord’s willingness to sell the manor. He was present at the bargain, in Lord B.’s place ‘beside the pollis’, in London. His master was under the impression that he had made a clear purchase. William Sabyn, servant of T. C., age 30, remembered that his lord had told him that he had ‘smitten a pleyn bargayne’ with lord B. Antony Babyngton, examined 21 Feb. 11 Hen. VIII (adds nothing). A memorandum follows, to the effect that Lord B. produced in Chancery the bill containing the 6 years clause. The result was that lord B. recovered the manor, and the arbitrators [ Cuthbert Tunstall, Master of the Rolls, Robert Brudenell, kt., Lewis Pollerd, kt.] were ordered by a certain date to give judgment on the amount of damages.