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.