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Herdson v Brumwell Chancery Suit

Privacy Level: Open (White)
Date: 1521 to 1529
Location: Englandmap
Surnames/tags: Herdson Brumwell Laurence
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A chancery suit taken by Henry Herdson, aged 16, probably in 1522 (shortly after the death of his father, Thomas Herdson). In it he seeks an injunction against William Brumwell and John Barnard, who have taken action in the Common Law Courts seeking payment of a bond undertaken by Henry's father before he died.

Citation

Court of Chancery, Pleadings addressed to Thomas Wolsey (1518-1529): Herdson v Brumwell, reference: C 1/521/42, The National Archives, Kew, England; image Anglo-American Legal Tradition - AALT (http://aalt.law.uh.edu : accessed 15 December 2019).

Links

Calendar entry: https://archive.org/details/listofearlychanc538newy/page/372

Original image: http://aalt.law.uh.edu/AALT6/ChP/C1no521/IMG_0070.htm

Source Notes

The source is a high-resolution colour image of the suit held at The National Archives, available for free from the Anglo-American Legal Tradition website.

The writing is in Chancery Hand and is very difficult to read in places, with a number of archaic spellings and some interleaving of text.

The parchment is generally in good condition, with only some minor creasing/tears affecting some words.

Transcription Notes

Some changes to the original text have been added to increase legibility for twenty-first century readers, that is:

  • Superscript letters, not otherwise abbreviated, are silently lowered
  • Abbreviations, such as the "er hook" and various forms of "p", which are not in use today, are expanded with the additional letters in italics
  • Paragraphs have been added
  • Editorial notes are in square brackets

Transcript

[Header Line 1:] To the most Reverend fader in god thomas lorde legate & later cardinall
[Header Line 2:] Archebyshipp of yorke primate of england and chanceler of the same

[Line 1:] In hys most humble wyse shewith and complayneth unto your most honorable grace your daily orator Henry Herdson son of Thomas Herdson that where as the seyd Thomas Herdson was

[Line 2:] pysessed of certen goods and catalls specyfied and conteyned yn a certen Inventorye & set before thee right reverend fader agred will be shon to [illegible words] of record which Thomas Herdson yn hys lif ordened & made hys last wyll and testamentt at london

[Line 3:] And by the same amongs other names the seyd Henry Herdson to be hys executour and Ferther declared by the same wylle that one Henry bowthe shuld have the ervy rule custodye and admynystration

[Line 4:] of the seyd goods and catalls unto such tyme as your seyd orator dyd come to the Age of xxi yers which as yett ys nott above the age of xvith yers And so it is most gracious lords thatt

[Line 5:] yn the lyf of the seyd Thomas Herdson thatt one John Laurence beyng yn necessitie made mocyons forto borrowe money of one William Brumwell mercer for to do hys Fettes with all by way of

[Line 6:] merchandyse at Andwarppe in Flandres yn the partyes beyond the see the which William Brumwell faithfully grannted and promysed that to doo under thys maner folowyng that ys forto say thatt

[Line 7:] he shuld delyver unto the seyd laurence Fowre score pounds & eight yn Flemmes money yn the towne of Andwarppe withoutt cost or charge to be bourne of the seyd laurence & at the only

[Line 8:] adventur of the seyd Brumwell so that he wold fynd hym sufficientt suertie to pay to hym at london iiijxx li & viijth of engles money & theruppon the seyd John laurence and Thomas Herdson and

[Line 9:] other two men which then were bounden yn a syngle Alegacion unto one John Barnard to thuse of the seyd Brumwell by coduitte betwixt theym made for paymentt of lxxxviijli of

[Line 10:] engles money wheruppon when the seyd Brumwell hadd these bondeis yn hys handes then the seyd laurence come unto the seyd Brumwell forto have a byll to receve the seyd money at andwarppe

[Line 11:] accordyng to the grannte promyse conduitt & Aggrementtes beforesayd And there the seyd Brumwell Sayd that he hadd no money redy at thatt instrtte but he shuld have delyvered as

[Line 12:] many Worstourd & whites here in england as shuld be worthe so muche Flemmes money And then the seyd John Laurence said that he was nott skylled yn those wares And wuld nott take

[Line 13:] theym but uppon the promyse of the seyd Brumwell the which promyse was that he shuld lose nothyng by theym For if he did he wold bere it hym self And theruppon he tok the seyd

[Line 14:] wares to hys greatte losse for he could not sell theym butt for iijli & xijli of Flemmes money bysydes the kynges Custome Frayth and packing warfage & cartage in the which cause he was

[Line 15:] putto greatt lose yet this not withstanndyng good & gracious lord the seyd Barnard at the unlefull payementt of the seyd Wylliam Brumwell hath commensed an action of dette in the Kynges

[Line 16:] exchequer Ageynst the seyd Henry Herdson beyng yett wythyn Age for the seyd some of lxxxviili of engles money as executour of the testamentt of the seyd Thomas Herdson where in did

[Line 17:] the seyd Barnard both in lawe and consience yf he any just cause have by vertue of the seyd obligacion owght to pursue hys seyd action of dett & to have hys lawfull remyde Ageynst the seyd

[Line 18:] Henry bowth during the none age of your seyd oratour being Admynystratour of the seyd goodes & catalles of the seyd testatour beyng but suertie therfore and in the which Action the processe contynued

[Line 19:] unto suche tyme as there was A jurer taken by defawte for lack of Apperannce of the seyd Henry Herdson and hath passed ageynst hym in which case he ys lyke to be undepuad the

[Line 20:] seyd some of lxxxviijli hys testatour beyng butt suertie & he beying withyn Age which admynysratour hath sufficientt mattes to barer the seyd obligacion your seyd oratour nott knowing thereof or yett what is or shuld be benyficiall to your seyd oratour duryng his none age to plea in barer to the seyd Accion uppon the corrupted & usyus bargayne contry hys forseyd promyse & granntte and to hys [one word illegible] bideyng[?] and in

[Line 21:] reterdacion of thexecucion of the seyd testamentt butt is only without remedy In consideracion wherof may it please your noble grace the premyssez tenderly confident to granntte severall writtes of suppena to be dyrectyd unto

[Line 22:] the same William Brumwell and John Barnard comandyng theym & ether of theym by vertue of the same personally appere before your grace in the Kyngs most hyghe of chancery at A certen

[Line 23:] & under A certain payne by your grace to be lymytted and to make annswere unto the seyd premyssez And Further to be inyunced by the autorite of thys most honorable courtte no Ferther to procede

[Line 24:] in the seyd Action unto such tyme as the matter be sufficiently procydinge thys courtte And at the reverence of god and in the way of charitie And your seyd oratour shall daily

[Line 25:] pray for your prosperous efotte long to endure





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