C5/589/68
Ballard v. Martyn
Bill of Complaint of William
Ballard and Alice, his wife,
9 July 1614,
William, gent of Southwell. Alice
sole daughter and heir of John Martyn, late of East Allington in Lincolnshire,
deceased. John held various lands in East Allington, West Allington and
Connerbie in Lincs. Along with goods, chattels, stock and sums of money. Martyn
was desirous that his daughter should marry William Ballard for her better
advancement. To further this aim, Martyn by articles dated 18 November 32 Eliz I
[1589] conveyed his lands to the plaintiffs and their heirs, after his death and
that of his wife Isabell, both now deceased. He was also to pay William 6 score
pounds at a time long since passed. If John died after Isabell (which he did),
then the plaintiffs would have all his goods and chattels. The lands were
conveyed to the plaintiffs, and afterwards to Martyn Ballard, one of their sons.
John Martyn also delivered to the plaintiffs, goods and household stuffs
to the value of 75-3-4d, as part of the 6 score pounds. Afterwards, Isabell
died, but John survived and ‘being very aged was deluded and drawen in by
practises and persuasions’ to marry Margaret Leake, sister of Richard Leake,
although she was led to understand that she was not to expect any advancement or
preferement, for that he had conveyed his lands and agreed to leave all his
goods and chattels as aforesaid. At the time of the marriage, John had goods and
chattels to the value of 200 pounds at the least which should have come to the
plaintiffs. But the Leakes combined with Symon Buttree, clerk, to defraud the
plaintiffs of the remainder of the 6 score pounds, the rest of the goods, which
ought to be theirs and the lands. John Martyn died in April last and the goods,
lands etc. should have come to the plaintiffs. The Leakes and Buttree have in
their hands all the deeds, writings, bonds, agreements etc. relating to the
estate of Martyn. They have entered the lands and embezzled the goods. Buttree
has stated that he has a deed of gift of the goods, money and chattels made in
Martyn’s life time, which is to the great wrong and defrauding of the
plaintiffs and against all right and equity. Martyn never made any deed to
prevent the plaintiff’s receiving the goods and if any was made, it was by
‘sinister persuasions and allurements of the defendants’, ‘defrauding and
abusing him in his sickness whereof he dyed…he not understanding in any
sort…’ The defendants will not allow the plaintiffs to have any sight of the
goods left by Martyn or take an inventory of them nor do they have details of
the deeds and other writings. Ask that Margaret Martyn, Richard Leake and Symon
Buttree be subpoened to answer the bill.