STAC 5/A33/25

STAC 5/A33/25 - B A - 24 Eliz - Devon - Nicholas Adams v Thomas Fraunces, George Anketell - STAC co Devon

Transcript by Helen Good

To our sovereign lady the Queen’s most excellent majesty

In most humble wise complaining showeth unto your most excellent majesty your true and obedient subject Nicholas Adams of Waton in the county of Devon gentleman

That where one Cecill Holwaye was seised in her demesne as of freehold of and in the capital messuage of Waton with the demesne lands of the same with the appurtenances in the said county of Devon the reversion thereof unto one Richard Holway her son in deed or in right there belonging which he hath sold unto this complainant The said Cecill Holoway so being seised as well in consideration of her discharge for the debt of one hundred pounds which in the behalf of her said son she did owe unto one Downing and Preter as in consideration of the sum of fifty pounds to her by way of a fine by consent of her said son assigned which sum of £50 this complainant in the 20 day of December in the 7th year of your majestys reign did well and truly content and pay unto one Thomas Fraunces of Nethway in your said county of Devon to the use of the said Cicell Holway his sister the said Cecill Holway by her deed indented demised the premisses unto one Sir John Pollard knight deceased for the term of 40 years if she should so long happen to live upon which payment one George Ankevell nephew and servant unto the said Thomas Fraunces wrote a remembrance in paper testifying the same receipt whereunto the said Thomas Fraunces did then and there subscribe his name and likewise after then sealing and delivery of the said lease which was done the day the said George Anketell wrote an indorsement upon the backside of the said deed testifying then sealing and delivery of the same and unto that as unto a deed a matter of substance and effect subscribed his name, and the said Thomas Fraunces and one other the like as by show here in court ready manifestly may appear,

But so it is now most gracious sovereign lady that the said Thomas Fraunces being uncle unto the said Richard Holway and finding the said Holway apt to all frivilous cavilations and slanders to have the said land again sometime jangling upon other mens titles which are of no value in law, sometimes showing the first indenture of covenants between this complainant and and him protesting there is no futher nor other assurances between them, whereas that indenture is but covenants for further assurance to be made afterward, with further assurance says this complainant hath by such and so many good devices as lawfully may be devised by any course of the common laws of this realm, but all this notwithstanding the said Thomas Fraunces partly for goodwill to his said nephew and partly for hate to this complainant desirous against all honesty and truth to do as much as in him layeth to deface the estate credit and estimation of this complainant hath of late spread this false and untrue slander that this complainant hath counterfeited his hand to the said bill for the receipt of the said fifty pounds and for the better maintenance of his said slander hath suborned the said George Anketell to deny his own hand writing aforesaid which hand this complainant not only by the like comparison of sundry other letters and bills writing by the said Anketell but also by the testimony of diverse his familiars most certainly knowing his hand is assuredly able to prove

In consideration whereof for as much as subornation of witnesses tendeth to the overthrow of justice in all Christian trials and therefore punishable by divers of your laws and statutes it may please your highness grant forth your majesties writ of subpoena to be directed to the said Thomas Fraunces and George Anketell by the same commanding them and every of them at a certain day and under a certain pain in the same to be limited personally to appear in your Majesty's court of the star chamber at Westminster there to answer the premises to the end they may by judgement receive such fine and punishment as in such case is worthy to be inflicted

And this your subject shall ever pray for your estate in victory and felicity always to reign