Writ of Dedimus Potestatem Re Complaint of Mathew Franckland

Complaints of 1) Mathew and 2) John Frankland of Hetton 1649

1) Writ of Dedimus Potestatem re Complaint of Mathew Franckland

TNA ref C10/4/70

The keepers of the liberty of England, by authority of Parliament, send greetings to Henry Marsden, John Hamond, Roger Whaley, James Catterall and Mathew Bracken, gentlemen. Whereas Mathew Franckland, complainant, a certain , plaintiff, has lately exhibited a certain petition before us in our Chancery, against John and Roger Franckland, Robert Johnson and his wife, Henry Atkinson and his wife, John Somerscales and his wife, and William Squires and his wife, And whereas we lately, by a writ of ours, warned those same defendants that they should appear before us in the said Chancery, on a certain day now passed, to answer to the aforesaid petition; May you know that we have given to you, or three or two of you, power and authority diligently to examine those same defendants concerning and upon the matters of the aforesaid petition, the tenor of which we send to you enclosed with these presents, And therefore we command you, or three or two of you, at a certain dates and places, which you should provide for this purpose, to approach the aforenamed defendants (if they are not able to travel conveniently to you) And diligently to examine the same defendants upon their corporal oaths, which are to be administered corporally before you, God's Holy Gospels being touched by them, concerning and upon the matters of the aforesaid petition, And you should first cause their said answers to the same petition to be made, and then receive them and repeat them in writing on parchment, And when you have thus taken them, you should send them to us, distinctly and plainly made, in Chancery, wherever it may then be, in the quindene of Easter next coming, closed under your seals or those of three or two of you, together with the aforesaid tenor and this writ,

Witnessed by us ourselves at Westminster in the 1649th year of our Lord.

Lenthall Mayd [clerk]

To Henry Marsden, John Hamond, Roger Whaley, James Catterall and Mathew Bracken, gentlemen, or three or two of them. We give you power [to examine] John Franckland and others, defendants to the petition of Mathew Franckland, plaintiff, upon six days' notice to be given to the plaintiff, in the quindene of Easter.

Leaman

Complaint of Mathew Franckland

TNA ref C10/4/70

To the Right Hon[oura]ble the Lords Commissioners for ye Custody of ye great Seale of England … 1649 Lovel

[In most humble wise] Complayning, Sheweth unto y[ou]r hon[our] y[ou]r dayly or[ator], Mathew Franckland, of Hetton in ye County of Yorke, yeoman, That whereas one Wm. Franckland, y[ou]r or[ator]’s elder brother, was, in his lifetyme, (vizt) about 22 yeares since, seized of one small [mess]uage or te[ne]ment, of ye yearely value of £7 & not above, lying in Hetton afores[ai]d, & alsoe of a very small p[er]sonalle estate, not amounting in all to above ye value of £6 13s 4d at ye utmost value, He, ye s[ai]d Wm. Franckland, being seized of ye s[ai]d [messuage] & p[er]sonall estate, shortly after dyed intestate, & at ye tyme of his death was a verie poore man, & much indebted unto div[er]se p[er]sons in great so[m]mes of money, And y[ou]r or[ator] further sheweth th[a]t he, ye s[ai]d Wm. Franckland, at ye time of his decease, left behind 7 young Children, all in theire minority, (vizt) John Franckland eldest sonne & heire of ye s[ai]d Wm. his father, Wm. & Roger, naturall sonnes of ye s[ai]d Wm., & alsoe 4 doughters, Jone, Mary, Elizabeth and Anne Franckland, ye eldest of all, w[hi]ch 7 Children was not above 8 or 9 yeares old at ye decease of ye s[ai]d Wm. Franckland ye father, And all ye s[ai]d 7 Children being left unp[ro]vided of maintenance for their p[re]sent education & breeding were left in great want, and lykely eyther to be driven [to] begge from doore to doore, or to have perished for want of maintenance, And y[ou]r s[ai]d or[ator] being theire naturall uncle & next kinsman, (ye s[ai]d Children haveing neyther father nor mother th[e]n living), hee, y[ou]r s[ai]d or[ator], out of his sheere love to all his s[ai]d deceased brother’s Children, being left in distresse as afores[ai]d, hee, y[ou]r s[ai]d or[ator], did take & harbour all of th[e]m in his owne house att Hetton afores[ai]d, & did mainetaine & bring upp every of ye s[ai]d Children from ye decease of theire s[ai]d Father, at his owne p[ro]p[er] costs & charges, untill they came to full age or were married out of y[ou]r or[ator]’s house, of ye p[ro]p[er] costs & charges of y[ou]r s[ai]d or[ator]. And albeit y[ou]r s[ai]d or[ator] had noe porc[i]on at all, or any other estate left by father or mother or any other, yett he, y[ou]r s[ai]d or[ator], haveing given free educac[i]on unto all of th[e]m as aforesaid, he, y[ou]r s[ai]d or[ator], desiring theire p[re]ferm[en]t, he, y[ou]r s[ai]d or[ator], did freely give in marriage w[i]th 2 of ye s[ai]d daughters ye so[m]me of £100 in valuable goods or moneys at ye least, (vizt) ye so[m]me of £50 apeace. Alsoe he, y[ou]r s[ai]d or[ator], freely gave in marriage ye so[m]me of £50 in like goods or money unto ye other 2 of ye daughters, all out of his owne estate, And y[ou]r or[ator] further sheweth unto y[our] hon[our] th[a]t ye s[ai]d John Franckland, whoe was ye eldest sonne & next heire unto ye s[ai]d Wm., y[ou]r s[ai]d or[ator]’s elder brother dec[ease]d & poss[ess]ed as afores[ai]d leaving him, ye s[ai]d John, w[i]thin age, (vizt) about ye age of 8 or 9 yeares & not above, w[hi]ch was holden of ye Right Hon. Frances late Earle of Cumberland as of his Honour Called Cliffordes Fee in Craven by k[nigh]ts service, by & after whose death ye s[ai]d messuage & p[re]misses did lawfully discend & come unto him, ye s[ai]d John Franckland, being eldest sonne & next heire un[to] ye s[ai]d Wm. Franckland his late father, by reason whereof ye Custody, Wardshipp & marriage of him, ye s[ai]d John Franckland, & ye Custody & p[ro]fitts of ye s[ai]d messuage, lands & p[re]misses, did then belong unto ye s[ai]d Earle, & they were in hys lo[rdshi]pps gift & disposition.

Wherefore y[ou]r s[ai]d or[ator], out of his great care & love he did beare unto him, ye s[ai]d John, & for his better maintenance, he, y[ou]r s[ai]d or[ator], did Compound w[i]th ye s[ai]d Earle for ye governance & mariage of ye s[ai]d John, & did truly pay unto ye s[ai]d Earle ye so[m]me of £10 in money, For w[hi]ch considerac[i]on he, ye s[ai]d Earle, by his Indenture beryng date ye 18th day of Feb[ruary] in ye first yeare of ye reigne of ye late King Charles, did thereby graunt & sell unto him, y[ou]r s[ai]d or[ator], ye Custody and marriage of ye s[ai]d John Franckland untill he should accomplishe ye full age of 21 yeares, as by ye said Indenture may appeare, By virtue whereof y[ou]r s[ai]d or[ator] did enter into ye said messuage, lands & p[re]misses afores[ai]d, & did take ye p[ro]fitts thereof untill such tyme as ye s[ai]d John accomplished his age of 21 yeares & noe longer, as was lawfull for him, y[ou]r s[ai]d or[ator], to doe, as he hopeth & avers [?]forth of this hon[ourable] Courte, And y[ou]r s[ai]d or[ator] further sheweth th[a]t for & during all ye tyme of his, ye s[ai]d John’s, minority, he, y[ou]r s[ai]d or[ator], did sufficiently mainetaine & bring up ye s[ai]d John w[i]th sufficient meat, drinke, lodging & apparrell, & all other necessaries whatsoever belongyng unto him according to his degree, And alsoe sheweth th[a]t all ye p[ro]fitts of all ye s[ai]d messuage, lands & p[re]misses were not sufficient to discharge all ye costs & expences whiche y[ou]r s[ai]d or[ator] hath beene put unto in p[ro]curing ye wardshipp afores[ai]d from him, ye s[ai]d Earle, & for ye mainetenance of him, ye s[ai]d John, for & during all ye minority of ye s[ai]d John, But he, y[ou]r s[ai]d or[ator], is much damnified thereby, to ye value of £40 & upward, as y[ou]r s[ai]d or[ator] hopeth to p[ro]ve to this hono[urable] Court, And y[ou]r s[ai]d or[ator] alsoe further sheweth th[a]t [?]some 13 yeares since he, y[ou]r s[ai]d or[ator], at ye request of him, ye s[ai]d John … … [document creased] only debt did pay ye so[m]me of £6 in money unto one Rich: Somesskales for & towards ye purchase & price of one little house & garth lying in Hetton afores[ai]d where ye s[ai]d John … … [document creased] so[m]me of £6 is all owing unto y[ou]r s[ai]d or[ator], albeit y[ou]r s[ai]d or[ator] hath many times in frendly manner entreated ye paym[en]t thereof w[i]th damages for ye forbearance thereof, owing unto y[ou]r s[ai]d or[ator], disbursed ye same, And y[ou]r s[ai]d or[ator] alsoe sheweth th[a]t owte [of] his love w[hi]ch he did alsoe beare unto Roger Franckland, a younger brother of him, ye s[ai]d John, and for his further p[re]ferm[en]t hath frely given unto him, ye s[ai]d John’s brother, (vizt) to ye s[ai]d Roger, one messuage or tenem[en]t lying in Sturton in Craven afores[ai]d, & alsoe all y[ou]r or[ator]’s estate therein in ye same for many yeares hence to come in ye same, of ye Clere yearely value of £6 13s 4d And did alsoe bestow upon him, ye s[ai]d Roger, for his better p[re]ferm[en]t, in good & ready money, ye so[m]me of £40 besides his maintenance & bringing upp, he being at ye age of 3 yeares or thereaboutes at ye tyme of ye death of his s[ai]d father, at his owne p[ro]p[er] costs & charges & untill he came to ye age of more estate, And y[ou]r s[ai]d or[ator] being administrato[ur] unto ye s[ai]d Wm. Franckland dec[ease]d, he, y[ou]r s[ai]d or[ator], hath paid for ye p[ro]p[er] debtes of ye s[ai]d dec[ease]d Wm. these so[m]mes following, (vizt) £4 unto on[e] Stephen [?]Morrill, to one Rich: Ilotson ye so[m]me of £3, to one [?]Tybins ye so[m]me of 40s or £2, unto one [?]Kinson ye so[m]me of £4, all w[hi]ch so[m]mes of money were truly owing unto th[e]m as of right by y[ou]r s[ai]d or[ator]’s brother at ye tyme of his death, & yett ye p[er]sonall estate of ye s[ai]d Wm. amounted to noe more th[a]n £6 13s 4d as afores[ai]d,

And y[ou]r or[ator] sheweth unto y[ou]r hono[ur] th[a]t although ye s[ai]d Wm. deceased his estate was soe small, yett y[ou]r or[ator] for maynetenance of ye s[ai]d Children, & for paying of debtes, hath disbursed above £300, ye w[hi]ch y[ou]r or[ator] cann p[ro]ve by ye p[ar]ticulers thereof, & y[ou]r or[ator] hath paid for repairing of ye house th[a]t ye s[ai]d John Franckland now dwelleth in ye so[m]me of [?]£8, &burned one lymekelne w[hi]ch cost him, y[ou]r s[ai]d or[ator], ye so[m]me of £3 w[hi]ch was all spent in mending ye s[ai]d John’s house, & y[ou]r s[ai]d or[ator], at ye request of ye s[ai]d John, did bring one loade of flagge unto ye house of ye s[ai]d Jo[h]n, w[hi]ch was worth £5 at ye least, & ye s[ai]d Jo[h]n did posses himselfe of c[er]teine Jostes, boards & other tymber of y[ou]r or[ator]’s w[hi]ch he carried to his owne house, w[hi]ch was worth £5 at ye least, & y[ou]r or[ator] kept ye s[ai]d Jo[h]n w[i]th all necessaries & maintained him (as before in his minority) for ye space of 7 yeares at least after his age of 21 yeares, & never paid y[ou]r or[ator] 1d for ye same ever since, but remained a debtor unto y[ou]r or[ator], and hath made many faire p[ro]misses to satisfie y[ou]r or[ator] according to ye rate of £6 p[er] annu[m] for ye space of 7 yeares, w[hi]ch amounts to £42, & is further indebted to y[ou]r or[ator] for plowing & sowing of arable grounde of ye s[ai]d John since he came to his full age, All w[hi]ch s[ai]d so[m]mes soe laid out to ye use of ye s[ai]d John, & by his intreaty, amount to £200 at ye least of Currant money. But so it is, may it please y[ou]r hono[ur], th[a]t ye s[ai]d John, Combining w[i]th his brother in law & other hereafter named, doe give out in speaches th[a]t ye s[ai]d Wm. Franckland died seized of diverse lands, messuages & tenem[en]ts, of ye yearly value of £60 at ye least by ye yeare in Hetton afores[ai]d, & alsoe died poss[ess]ed of a verie great p[er]sonall estate in money, plate, jewells & other goods to ye yearly value of £50 & above, & th[a]t y[ou]r s[ai]d or[ator] received ye same, & say th[a]t ye same ought to be equally devided amongst th[e]m, & th[a]t they will sue y[ou]r or[ator] for ye same at ye Co[m]mon law, & give in evidence one for another at ye triall thereof, All w[hi]ch doings are & are like to tend to y[ou]r or[ator]’s utter undoing, & to his apparent wrong, damage & disgrace of y[ou]r or[ator], but y[ou]r or[ator] hopes th[a]t ye s[ai]d Confederators will upon their Corporall oathes confesse ye trueth of ye p[re]misses, To ye end therefore th[a]t they may soe doe & th[a]t they may sett forth what p[er]sonall & reall estate ye s[ai]d W. Franckland died poss[ess]ed of, & of what value ye same was of, & how much thereof came to the hands of y[ou]r s[ai]d or[ator], & whether they or any of them, or w[hi]ch of th[e]m, have received from ye hands of y[ou]r s[ai]d or[ator] all & every ye so[m]mes of money afores[ai]d, or how much thereof, together w[i]th Educac[i]on & maintenance, & for how long tyme, & wherefore ye s[aid] John should not be accomptable for ye s[aid] so[m]mes of money disbursed by y[ou]r s[ai]d or[ator] to his use & by his appointm[en]t according to his p[ro]mise to y[ou]r or[ator] soe to doe, & th[a]t y[ou]r or[ator] may be relieved in all & singuler ye p[re]misses according to equity. May it therefore please y[ou]r hono[ur] to graunt unto y[ou]r or[ator] writts of Subpena, to be directed to th[e]m, ye s[ai]d John Franckland, Roger Franckland, Robert Johnson & Jone his wife, John Somerskales & Elizabeth his wife, Henry Atkinson & Mary his wife, Wm. Squier & Anne his wife, thereupon Co[m]maunding etc.

TNA ref C10/4/70 Maydwell

The Joynt and severall demurr[er]s of John Franckland, Roger Franckland, Robert Johnson and Jane his wife, John Somerscales & Elizabeth his wife, Henry Atkinson & Mary his wife, William Squire & An his wife and Thomas Broughton, defendants to the bill of Compl[ain]t of Mathew Franckland, Compl[ainan]t

The said defendants, saveing to themselves now and at all tymes hereafter all benefitt of exception to the unjustnes of the Compl[ainan]tes Bill, beinge false and untrue, And devised of purpose to vex and molest the defend[an]tes, and defeat them of their rights, As alsoe the like benefitt of further answer when the Compl[ain]t shall be Capable to p[ro]ceed and this hono[ura]ble Court shall require the same, For demurrer to the Compl[ainan]t’s said bill the said defendants Jointlie and severallie Say and Averr that the said Complaynant, vizt Mathew Franckland, hath not taken nor subscribed the engagement which is in theis wordes, vizt, I doe declare and promise That I will be true and faithfull to the Common wealth of England as it is now established, w[it]hout a Kinge or house of Lordes as it is appointed, ordeined and enacted (by an acte of this present Parliam[en]te entituled an Acte for Subscribeinge ye engagem[en]te), to be taken and subscribed by every p[er]son and personnes that expect any benefitt As pl[ain]t[i]ffe or pl[ain]tiffes from any Court or Courts of Justice in this Common wealth, vizt, Chancery, upp[er] bench, Comon pleas etc, where it is further enacted that from and after the 20th of Aprill 1650 it may be Lawfull for all and every p[er]son or p[er]sons defend[an]t or defend[an]tes which are or shalbe sued, ympleaded etc, to plead, averr or move to Sup[er]sede or stopp further proceedings in such suites, pleas etc, That the said pl[ain]t[i]ffe or pl[ain]tiffes etc hath not taken nor subscribed the above said engagem[en]te, which said plea or averment etc the Judges of every such Court are authorished and required to admitt in Stopp of all or any such Suites, pleadinges etc, All w[hi]ch said p[ar]ticulars will more fully appeare by the said Acte, To w[hi]ch the said def[endan]ts doe Joyntly and severally refer themselves, Craveinge the Benefitt of the same Acte, And that they may be hence dismissed w[i]th their reasonable costs and Charges wrongfullie sustained, And that they may be noe further enjoyned to answer the s[ai]d Compl[ainan]ts Bill, w[i]thout that the said Compl[ainan]t had subscribed the said engagement as aforesaid.

John Somerscales marke markes Eliz. “O” Som[er]scales ux[or] [wife] Jo. Francland Roger Francland Wm. Atkinson Anne Swire Robert Johnson Henry Atkinson marke Mary “M” Atkinson marke Jane “O” Francland Tho. Broughton

Capt[a] fuit apud Skipton in Com[itatu] Ebor[aci] xxvijo die Aprilis Anno D[omi]ni 1650 coram nobis [This was taken at Skipton in the County of York, 27th day of April in the year of our Lord 1650, before us,] Roger[o] Whaley [Roger Whaley] Jac[obo] Catterrall [James Catterrall] Nath[anielo] Bracken [Nathaniel Bracken]

2) TNA ref C10/4/70 Writ of Dedimus Potestatem re Complaint of John Franckland

… Marsden gen[er]osis The keepers of the liberty of England, by authority of Parliament, send greetings to Mathew Bracken, Christopher Wade, Cuthbert Wade, John Mee… … … Marsden, gentlemen. Whereas John Frankland, complainant, has lately exhibited a certain petition before us in our Chancery, against William Frankland and Mathias Kitchen, defendants, And whereas we lately, by a writ of ours, warned those same defendants that they should appear before us in our said Chancery, on a certain day now passed, to answer to the aforesaid petition; May you know that we, fully confident of your faithfulness and prudent circumspection, have given to you, or three or two of you, full power and authority diligently to examine those same defendants concerning and upon the matters of the aforesaid petition, the tenor of which we send to you enclosed with these presents, And therefore we command you, or three or two of you, at a certain date and place, which you should provide for this purpose, to approach the aforenamed defendants (if they are not able to travel conveniently to you), And diligently to examine the same defendants, upon their corporal oaths, which are first to be administered corporally before you, or three or two of you, God's Holy Gospels being touched by them, concerning and upon the matters of the aforesaid petition, And [you should cause] their answers to the same to be made, and receive them, and repeat them in writing on parchment, And when you have thus taken them, you should send them to us, distinctly and plainly made, in the said Chancery, wherever it may then be, in the quindene of Easter next coming, closed under your seals or those of three or two of you, together with the aforesaid tenor and this writ, Witnessed by us ourselves at Westminster [“at Westminster” repeated] on the 21st day of February in the 1649th year of our Lord.

Complaint of John Franckland

To the right hono[rable] the Lordes Commissionersfor the greate Seale of England

[Humbly] complayneinge sheweth unto your honors your daylie Orator John Franckland of Hetton in the Countye of Yorke, yeoman, That whereas William Frankland, your [Orator’s father] was heretofore in his life tyme … … … yeares since seised and possessed of certaine landes and tenementes of the yearely value of £60 p[er] Ann[um] and alsoe possessed of a p[er]sonall estate consistinge [of mon]ye, plate, Jewells, Corne, Cattle, Housholdstuffe, Brasse, Pewter, Beddinge and other implementes of houshold to the value of £50 & upwards And … … Will[ia]m Franckland … … fatherlye care unto your Or[ator] & the rest of his children, & being desirous that this sum should be devided amongst his children, & Everye of them to be p[re]ferred & advanced … [Di]d, not longe before his death, make his last will & testament in writinge, & thereby did give & bequeath unto Thomas Franckland his eldest sonne the some of [blank] poundes … … [you]r Or[ator] the su[m]me of [blank] or thereaboutes, the certentie whereof your Or[ator] cannot sett forth for want of the sight of the s[ai]d will or a true Coppie thereof, to be paid unto them [at their] severall ages of 21 yeares, & alsoe did geve & devise unto his s[ai]d children divers somes of monye as a legacies for there maintenance, And alsoe that if either of his s[ai]d sonnes should [die before] there s[ai]d accomplishment of there s[ai]d age, that then the p[or]c[i]on due to such child or children soe deceased should be devided betweene & p[ar]ted unto the s[ai]d survivors of them. And [in the] s[ai]d will did make & ordayne Anne his wife & Thomas Franckland his sonne his executor, & soone after dyed, By and after whose death, & before any of the estate of the s[ai]d Testator [was] Inventoried or the will p[ro]ved or administrac[i]on graunted unto them or either of them, the s[ai]d Ann Franckland & Thomas Franckland the intended executrix dyed, leaveinge your Or[ator] [in his] minoritye, By & after whose decease the p[ar]te & p[or]c[i]on of the s[ai]d Thomas soe geven him by the s[ai]d will ought to be equally divided betweene your Or[ator] & th’other surviveinge children of the [said] John [sic] Franckland the Father & alsoe the s[ai]d porc[i]on soe in p[ar]ticuler by the s[ai]d will geven unto your s[ai]d Or[ator], he haveinge attained his age of 21 yeares longe since. But soe it is, maye it please your honors, That soone after the decease of the s[ai]d Anne & Thomas Franckland, Martha [sic : Mathew] Franckland your Or[ator’s] elder brother did take letters of Administrac[i]on of the s[ai]d deceasedes estate, but never [exhibi]ted the s[ai]d will, but by vertue of the letters of Administrac[i]on did seise upon the estate, both reall & personall, of the s[ai]d William your Or[ator’s] father, & of the estate of the s[ai]d Anne & Thomas, beinge of … greate value, & conveyed the same to his owne use, but never exhibited any Inventory of the same into any Court as he ought to doe, & did alsoe enter into all & singuler the landes & tenem[en]tes whereof the s[ai]d William Franckland dyed seised, p[ar]te whereof were by the s[ai]d will bequeathed unto your s[ai]d Or[ator], & he, your s[ai]d Or[ator], ought, accordinge to the s[ai]d will, to have enioyed the same & alsoe to have receaved his s[ai]d legacies soe by the s[ai]d will bequeathed unto him, And your Or[ator] further sheweth unto your honors That the s[ai]d Mathewe Francklyn, about 4 or 5 yeares since, beinge in want of some hay for his cattle, did repaire unto your Or[ator] & did desire him to lend him a certaine quantitye, beinge of the value of about 20s, the [w]hich your Or[ator] accordinglye uppon his p[ro]mise to paye your Or[ator] for the same accordinge as the same was really worth, But nowe soe it is, maye it please your honors, that the s[ai]d Mathew Franckland, under p[re]tence of the s[ai]d letters of administrac[i]on, haveinge possessed himselfe of the s[ai]d p[er]sonall estate to the value afores[ai]d, & alsoe entred into the s[ai]d landes & tenementes whereof the s[ai]d William Franckland dyed seised & possessed, P[ar]t whereof by the letter of the will & guift afores[ai]d doe belonge unto your s[ai]d Or[ator], & your Or[ator] ought to have, hold & enioye the same accordingly, [H]e, the s[ai]d Mathewe Franckland, by Combynac[i]on with one William Franckland & alsoe with one Mathias Haw[en?]s, doth nowe refuse to paye unto your s[ai]d Or[ator] the s[ai]d legacies soe to h[im] bequeathed by his father, or to Aunswer [to?] him the p[ar]te & share of the porc[i]on of the s[ai]d Thomas whoe dyed before he had received the same, all which he ought to doe, But alsoe ever [si]nce your Or[ator] came to age hath witheld & kept from him the possession of these landes & p[re]misses, which did by & after the death of his s[ai]d father either discend unto or come, & bequeathed unto him, And did alsoe refuse to geve your Or[ator] anye accompte of the p[ro]fites by him received, either since the death of the s[ai]d testator or since your Or[ator] came of age, but takinge advantage of your Or[ator’s] minority hath made divers fraudelent estates of the same, or p[ar]te thereof, unto & amongst the s[ai]d Will[ia]m Franckland & Mathew Kitchin [sic, not Hawens], And haveinge gotten the s[ai]d will out of the s[ai]d Will[ia]m Franckland into his handes & possesions, hath defaced & imbecseled [embezzled] the same, & doth nowe p[re]tend that the s[ai]d Will[ia]m Franckland his father made not anye will, neither dyed [p]ossessed of any considerable estate, & that he hath exhibited & [for “an”] Inventory of such his estate as the s[ai]d William dyed possessed of, Which if in truth anye such Inventorye were ever exhibited [&] the goodes appraised, the most p[ar]te thereof were omitted out of the same & those which are Inventoried are much undervallued, And alsoe p[re]tendeth that all the landes & estate whatsoever whereof the s[ai]d William the father died seised did discend unto him after the death of the s[ai]d Thomas his brother, as heire unto his s[ai]d brother, and that he ought not to accompte un[to] your Or[ator] for the p[ro]fites of the same or anye p[ar]te thereof, Althoughe he well knoweth the contrary, & that the s[ai]d William Franckland did make such a will as afores[ai]d, And that h[e h]ath p[ai]d to the other children there s[ai]d p[or]c[i]ons by the s[ai]d will bequeathed, & ought soe to doe to your Or[ator], & alsoe the p[ar]te of the porc[i]on of the s[ai]d Thomas, which ought to be devided bet[we]ene your Or[ator] & the rest of the Children of the Testator, In Tender considerac[i]on whereof, & for that your Or[ator] hath noe remedy at the co[m]mon lawe either to compell the s[ai]d Mathewe Fr[an]ckland & the rest of the s[ai]d confederates, nor discover what title they claime in & to the same, & what secrett estates are & hath beene made, nor to recover satisfacc[i]on for [th]e haye soe lent & deliv[er]ed by your Or[ator] unto the s[ai]d Mathewe Franckland, the power of the Ecclesiasticall Courts shalbe taken awaie, Yet hopeth that the s[ai]d Mathewe Franckland & [Ma]thias Kitchin, beinge called to Aunswere the p[re]misses, will uppon there oathes confesse all the p[re]misses to be as afores[ai]d, To the end they maye soe doe, & that your Or[ator] maye be … accordinge to equity & good conscience, maye it therefore please your honors to graunt unto your Or[ator] his writt of Subpena, to be directed to the s[ai]d Mathewe Franckland, Wm. Franckland & Mathias Kitchin, Comandinge them & every of them to sett forth whether the s[ai]d Will[ia]m Franckland the father did not in his lifetyme make such a will as afore[said], howe he hath disposed of [the] same goodes, & why he did not p[ro]ve the s[ai]d will, & what the s[ai]d haye soe had of your Or[ator] did amount unto, & … show cause why [he] should not satisfy your Or[ator] the s[ai]d legacies soe bequeathed unto him, & alsoe that rent & p[ro]fittes of the landes soe by him received, & alsoe for the s[ai]d haye, & alsoe to aunswer all & singuler the p[re]misses And alsoe to stand to etc.