C3/395/41
Richard
Ballard v. James Franklyn and others
Bill
of Complaint of Richard Ballard of Lamberhurst in the County of Sussex,
[The
document is torn down the left hand side]
[day
and month not present due to tear in document], 1635,
James
Franklyn was indebted to Ballard for 89 pounds for iron sold and delivered to
Franklyn. The latter eventually [date torn] confessed he could not pay this debt
and asked for a further loan, bringing the total to 300 pounds. In security he
pledged 400 pounds and noted that for collateral he had in fee simple, various
lands and messuages to the value of 140 pounds yearly; one barn and 20 acres of
land in Maidstone called Hill Field worth yearly 60 pounds and occupied by [name
torn off]. Also shops, warehouses, garden and backsides with appurtenances in
Maidstone, then in his own occupation, other messuages, tenements etc. in
Maidstone in the occupation of James Franklyn [appears to have been two people
called James Franklyn in this case - relationship is not given] and of one shop,
garden, backside and appurtenances in Maidstone, in the High Street, now in the
occupation of William Brooke. Also another messuage or tenement in Maidstone,
purchased from Anthony Norman, now or late in the occupation of Samuel Brown,
and other messuages etc. in Maidstone now in the occupation of John Mortymer and
Katherine Ruce. Additionally, a parcel of woodland called Bremette in Maidstone
for a long term of years and an orchard of three roods in Maidstone. Also goods,
chattels and household stuffs worth 500 pounds in the least. Franklyn assured
Ballard that all his lands were free from encumbrances and would be part of the
security. He faithfully promised to repay the 300 pounds plus interest as such
time as was agreed between them. Ballard duly lent him the 300 pounds which
included the cost of the iron. Franklyn gave him a [bill] of attorney to confess
a judgement of 400 pounds for debt plus the costs of any suit. The judgement was
entered into the Court of Common Pleas in 1631. An indenture of defrazance was
made in January 1631/2 between the parties. Ballard agreed that if Franklyn paid
him 325 - 12 - 4 d, by the 24 June next [?1632], Ballard
would then acknowledge satisfaction on record. But on 24 June, Franklyn
was unable to pay and asked for more time.
Ballard
alleges that Franklyn together with James Harris, James Franklyn, William
Brooke, Stephen Hasnode, Samuel Browne, John Mortymer and George Curtye of
Tenterden, [name torn] and John Youldwell of Rochester intended to defraud him.
Franklyn made secret estates of his lands and has made over his leases and all
his goods and chattels to the aforesaid John Harris etc. Ballard took out a writ
upon judgement and intended to extend his moytie of one half of the said
messuages etc. Asked the Sheriff of Kent to appoint a time for the execution of
the writ at which time Franklyn and the others produced deeds and leases
pretended to be made by Franklyn to themselves. All the deeds
were made for no or small amounts and were made in trust for the benefit
of Franklyn. Whereby Ballard is likely to be defrauded of his just debt. Ask
that a writ of subpeona be issued to Franklyn and the others to appear and
answers these charges on oath.