5 February 1717 (=1718)

To the Right Honourable Lord Cowper, Baron of his Highness, Lord High Chancellor of England

Humbly complaining sheweth unto your lordship your orator Robert Batt of Longfeild in the county of Kent, yeoman. That Ralph Eggerton of Alsham in the parish Broad Windsor in the county of Dorset, esquire, in or about the month of October in the year of our Lord 1716 pretending to be seized or entited to either in his own right or in the right of Elizabeth his wife, the fee simple or some other estate of inheritance of and in a messuage, farm or tenement with a barn, stable, malthouse, outhouses and several pieces or parcels of land belonging containing 140 acres or thereabouts, situate, lying and being in the said parish of Hartley in the said county of Kent, of the yearly rent of £40 and no more and wanting a tenant for the same, treated with your orator about your orator [......] and after several times treating and discoursing thereof the said Ralph Eggerton a need to let and your orator agreed to take the same for the term of 6 years from Michaelmas then last part, at the yearly rent of £40 upon the covenants and [...............] mentioned.

And the said Ralph Eggerton having then a pressing occasion for some ready money, earnestly desired and entreated your orator to advance and lend him the sum of £30 in ready money and give him a note for £20 payable some time after and [........] for the said farm for one year and an half coming from Michaelmas then last past which was then computed at £6 18s and also to pay to the carpenter and thatcher employed by the said Eggerton to do repairs at the said farm and the sum of £3 [2s.......] amounting together to the sum of £60 telling your orator that it would be a particular service and kindness to the said Eggerton and that he would always remember and acknowledge it and be a kind landlord to your orator, and [.....] and promising your orator that he [.........] Eggerton would pay interest for the same and that your orator should run no hazard for that he should pay himself the same with interest out of the first rent that should grow due for the said farm and that he would give your orator a bond for the said money and that in the agreement for the lease of [.......] and likewise in the lease which the said Eggerton had then agreed to make to your orator the first payment of rent should be made when £60 was due and not before whereby your orator should have it in his power to pay himself the said £60 and that the agreement for [..............] the said farm should be immediately drawn and put into writing and he would duly execute the same and particularly perform every part and item that he had then agreed to, whereupon your orator was prevailed with and did agree to advance the said £60 as aforesaid. And thereupon the said Ralph Eggerton and your orator sent for Mr John Franckwell an attorney at Dartford in Kent, and acquainted him with all the matters they had agreed upon and gave him directions to put the same into writing and make it ready and proper for them to seal and execute, which the said [......] accordingly did. And the said Ralph Eggerton and your orator both duly signed, sealed, delivered and executed the same, which your orator believes was to the purpose or effect following, viz Memorandum It is now enacted and agreed the 2nd day of October 1716. Between Ralph Eggerton of Alsham in the parish of Broad Windsor in the county of Dorset esquire, and Robert Batt of Longfeild in the county of Kent yeoman as followeth, viz. First the said Ralph Eggerton doth covenant and agree to and with the said Robert Batt. That he the said Ralph Eggerton and Elizabeth his wife and all proper persons shall and will on or before the 15th day of May next, make seal and deliver a good and sufficient lease for the term of 6 years from the feast day of St Michael the Archangel then last past of all that messuage, tenement with the barn, malthouse, buildings and several pieces or parcels of land contining in the whole by estimation 140 acres, be the same more or less, to the said messuage or tenement belonging with their and every of their appurtenances, situate, lying and being in the parish of [Hartley in] the said county of Kent late in the tenure or occupation of Henry Middleton (and which the said Ralph Eggerton hath let to the said Robert Batt. Except timber trees and trees like to be timber, at and for the yearly rent of £40 to be paid in manner following, that is to say [.........] pounds part thereof on the feast day of the Annunciation of the Blessed Virgin Mary, which shall be in the year of our Lord 1718 and £60 at the end of the first three years of the said term of 6 years and the yearly rent of £40 [....] half yearly payments for the last three years of the said 6 years. And the said Ralph Eggerton doth covenant and agree to and with the said Robert Batt that in the said lease, he the said Ralph Eggerton and all proper persons shall and will covenant at his and their charges to do the repairs of the said messuage or tenement, buildings and premises during the said 6 years. And it shall be lawful for the said Robert Batt to lop, top and shroved all such trees on the said lands as have been usually lopped, topped and shrived, except such as are growing in that part of the of the [......] landway between Gunners Lands and Homefeilde and in the hedgerows round and adjoining to the hopgarden, containing about half an acres, and a little piece of land adjoining to the hopgarden, caontaining half? An acre. And it shall be lawful for the said Robert Batt to grub a little shaw containing about half an acre in the grove or landway and ad[joining?] to Homefeild and lay it to the said Homefeild and to grub up about 30 rods (165 yards) of hedge in a field to the said messuage where there stands a yew tree. And that it shall be lawful for the said Robert Batt to have and take ploughbote and cartbote growing on the said land being first marked out by the lessors or one of them. And that it shall be lawful for the said Robert Batt to carry off from the premises all or any of the sainfoin, clover and hay as shall grow on the said lands during the said 6 years and also the chaff of corn [....] That the said Robert Batt performing the covenants in the said lease on his part to be performed, shall quietly enjoy the said messuage or tenement, lands and premises during all the said 6 years, and that the said Robert Batt shall have liberty till May Day next after the [end of] the said 6 years to lay and thresh out the corn in the said barn and to fodder his cattle on the premises. And the said Robert Batt doth covenant and agree that he will seal and deliver a counterpart of the said lease and therein covenant to pay the £60 hereinbefore mentioned [............] at the end of the first 3 years and the other rent for the last three years half yearly and that he will quietly deliver up the possession of the premises at the end of the said 6 years, having the liberty till May Day aforesaid and that he [......................] and in barn his corn growing on the said lands during the said 6 years on the said premises, and fodder out the straw on the premises and lay the dung arising on the said premises upon the said lands. And that he will preserve the fruit trees and that the said Ralph Eggerton [...........] and agree to and with the said Robert Batt, his executors or administrators that the said Robert Batt, his executors or administrators shall have one other new sufficient and good lease made and granted for the term of 6 years more of the same farm and [...................] for the same rent and covenants on either part (other than for a new lease) as are before mentioned and that a covenant for the same purpose shall be entered into by all proper parties in the first lease. And to the due performance of all and every the aforesaid covenants and agreements [........the] said Ralph Eggerton and Robert Batt did bind himself, his heirs, executors and administrators respectively unot the other of them, his heirs, executors and administrators in the penal sum of £80 as in and by the said agreement and writing had your orator the [.........] might more fully appear. And your orator further sheweth unto your lordship that your orator at the time when the said Ralph Eggerton sealed and executed the said agreement did pay the said Ralph Eggerton the sum of £30 and did give notes or promises [...............] for the payment of the said £6 18s towards the land tax for the said farm for one year and an half without any abatement or deduction to be made to your orator for the same and also for payment of £3 2s to the carpenter and thatcher [..........] by the said Eggerton as aforesaid. All which your orator hath long since paid and discharged and your orator did likewise at the same time give the said Mr Eggerton a note under his hand for the payment of £20 and interest. And your orator further sheweth that [...........] Eggerton and your orator did both duly seal and execute one part only of the said agreement and did agree to leave the same with the said Mr Frankwell for the joint use of your orator and the said Mr Eggerton; and that the said Mr Frankwell should keep the same and not deliver it [.......] and parties without the consent of both of them though he might permit either of them to look over and read the same and if either of them desired a copy he might have it paying for the same. And your orator further sheweth that the said Ralph Eggerton did enter into and give a bond of the said [.....] pounds [.....] 2nd October 1716 to your orator in the penal? sum of £120 with a condition under written for the payment of £60 and 15 shillings on the 3rd of January then next ensuing. And your orator at the desire and request [of......] Eggerton did agree and by endorsement on the said bond did promise that if the said Mr Eggerton did pay of the said bond before the 1st of May 1718 if your orator would take interest only for one half year. And the said Ralph Eggerton did by deed poll [.....] 2nd of October 1716 agree that your orator should detain and keep in his hands the rent of the said farm as it should become due to pay himself the money due on the said bond, as in and by the said bond condition, endorsement and deed poll ready to [..............] may more fully appear. And your orator further sheweth unto your lordship that the said farm and lands being then much out of repair the said Mr Eggerton ordered and directed your orator to buy materials and employ workmen to do several repairs thereto, promising your orator he should deduct [.......] the rent. And your orator did accordingly buy materials and employ workmen to do the repairs and did pay for the same. And your orator did likewise lay out considerable sums of money in manuring, ploughing and improving the said farm and lands, and hath lately dunged, ploughed and [.................] parcels of the said lands and did hope peaceably and quietly to hold and enjoy the same during the time agreed on and to have reaped and received the crops and benefit of his said labour, and to have paid himself the money so lent to the said Mr Eggerton as aforesaid, and laid out by [...............] disbursements on the said farm according to the said agreement.

But now so it is may it please your lordship: that the said Mr Eggerton and Elizabeth his wife, combining and confederating to and with Robert Praul of Hartley aforesaid, yeoman, and divers other persons at present [unknown to your] orator whose names when discovered your orator prays may be inserted in this bill and they made parties hereto with apt words to charge them, not only to circumvent your orator of the lease of the premises but also of the money laid out and expended in the repairs and [................] money lent to and paid for the said Mr Eggerton as aforesaid but of their crops of corn sowed on the said farm and to turf your orator out of possession thereof, he the said Ralph Eggerton and Elizabeth his wife utterly refuse to make a lease of the said farm and lands [...........] according to the agreement aforesaid to pay your orator or to let him deduct out of the rent the said money due upon the bond as aforesaid or any of the money laid out on the repairs of the said farm or by the order and direction of the said Mr Eggerton, but on the contrary has [.......................] to have let the same to the said Robert Praul or some other of the said confederates and yet the said confederates or some of them threaten to sue your orator on the said note for £20 and to bring declarations in ejection out against your orator to turn him out of possession of [............] and lands and to put the said Praul or some other of the said confederates into possession thereof. And the said Mr Eggerton in order to carry on his unreasonable and unjust designs against your orator, did in or about the month of April last, sent for the said Mr Franckwell to the Bull Inn in Dartford [.............] bring the said agreement between him and your orator with him and to show and read the same to Mr Eggerton and his wife, who was then with him, which the said Mr Franckwell did and read the said agreement to the said Eggerton and his wife, and when he had read it to the said Mr Eggerton [.........] Franckwell to let him look upon it and took it out of the of the said Mr Franckwell's hands and put it into his the said Eggerton's pocket and refused though requested thereto to return the same to the to the said Mr Franckwell, but carried the same away and hath since, though in a friendly manner requested the [...........] orator and the said Mr Franckwell absolutely refused to redeliver the same to the said Mr Franckwell, sometimes pretending that he hath not or ever had the said agreement, and at other times that he and your orator never made such or any other agreement and that if there was, that the same is [........] gives out in speeches that your orator, not having the said agreement in his custody or power, cannot oblige him to the performance thereof and that he hath let the same farm and premises to the said Praul or some other person and will eject your orator out of the possession [...............] allowing him anything for the corn sown thereon or to reap the crop thereof or to make any allowance for the money laid out by your orator for repairs or other improvements of the said farm, and that he will distrain or sue your orator for the rent in arrear [...............] deducting the money due on the said bond and agreed to be deducted and paid out of the rents as aforesaid. All which doings and threatening of the said confederates are contrary to all equity and good conscience, and tend to the great wrong and oppression [.........................................] and for that your orator is remediless in the premises by the strict rules of the common law, your orator's witnesses who could prove all and singular the premises being either dead or gone into parts beyond the seas, or remote and unknown to your orator but properly [......................] before your lordship to compel the said confederates to set forth and discover the said agreement and to a specifical performance thereof to the end therefore that the said confederates may upon their corporal oaths set forth and discover the truth of all and singular the premises [.....................] Eggerton, Elizabeth his wife, and Robert Praul may more particularly set forth whether the said Eggerton did not let the said farm to your orator for the said term of 6 years, and when and whether he and your orator did not come to an agreement about letting the same, whether [.................] they made was not put in writing and by whom and whose order and direction, who made the said agreement, whether the said Mr Eggerton and your orator did sign, seal, deliver or duly execute any and what agreement, whether the said agreement was not in words purpose or [.................................] other and what, and may set forth the agreement or writing thereof in hec verba, whether the said agreement or writing was not left in the hands and custody of the said Mr Franckwell, whether there was any more than one agreement executed for the said lease and how many parts there [.................................] Franckwell was not to keep the said agreement or writing for the use and benefit of both parties, whether the said Ralph Eggerton did not order, request or desire the said Mr Franckwell to bring the said agreement to the Bull Inn in Dartford? Whether the said Mr Franckwell did not [....] the same? Whether the said Mr Franckwell did not read the same or any other and what agreement to the said Mr Eggerton and Elizabeth his wife, or either and which of them or to any other and what person? Whether the said confederates or any and which of them did not see? And when the said [.................] agreement or hear the same read and by whom, whether the said confederates or any and which of them did not take the said agreement and carry it away? And why they did see whether it was carried away by and with the will and consent of the said Mr Franckwell? Whether thes aid Mr Franckwell did not ask for or demand the same immediately after the said Eggerton had taken the same, when of whom and in whose company or presence? Whether they or any and which of them delivered the same to the said Mr Franckwell or denied or refused so to do? And when and where and in whose presence and company? Whether the said confederates or any and which of them ever and when, and when last saw the agreement in any and whose custody, hands or power? Where it hath been and now is? Whether your orator did not pay the said Mr Eggerton or any other? And who for him or by his or whose order did receive the said sum of £30? pounds or any other and what sum or sums of money and did not give a note for £20 or any other? And what sum? Whether the said Eggerton did not give your orator some bond and deed poll as aforementioned? Whether your orator did not agree to take half a year's interest only if the said [Mr] Eggerton paid the money on the said bond in the time mentioned in the said indorsement? Whether your orator hath not paid the said land tax and carpenter and thatcher money or gave the said Eggerton such notes for payment thereof as aforesaid? Whether the said Eggerton or any other and who did order or direct your orator to do some and what repairs about the said farm and to buy materials and employ and pay workmen for any? And what repairs or any other and what money your orator hath paid for or by the order of the said Eggerton? Whether the said Eggerton or any other by his order and [.....] hath not given warning to your orator to quit or leave the possession of the said farm or have not threatened to eject him out of possession and why? Whether the said Eggerton hath not let the said farm and lands to the said Praul or to some other person or persons? And to whom? For how long? And on what rent and what other considerations or terms? Whether your orator was not to stop or deduct the money lent or paid to or for the said Eggerton out of the rent when due? Whether the said Eggerton hath not threatened not to let your orator do so, but that he the said Eggerton will have and receive the rent due at Lady Day next [...............] your orator for the same notwithstanding the said agreement? And that the said confederates may be compelled to a specific performance of the said agreement. And that the said Robert Praul may particularly set forth whether the said Eggerton hath not let or leased or contracted to lease [the said] farm and lands or some and which of them unto him the said Robert Praul or to any other person or persons? And to whom, for how long and from what time such lease or leases do or are to continue? And for what considerations or terms? Whether he the said Robert Praul did not [........] heard or believed or was told at or before such lease or leases were granted or contracted for and by whom that the said Eggerton had agreed to let the same to your orator for the said term of 6 years or for any other? And what term or terms of years or upon and according to the agreement aforesaid or upon any other? And what agreement? And to the end the said Eggerton and his wife may give your orator a lease of the premises according to the covenants and agreements in the said deed of agreement mentioned and may be stayed by the injunction of this court [........] proceeding at law against your orator and may be true and perfect? Answer make to all and singular the premises as if the same were here again particularly repealed and interrogated. And your orator be otherwise relieved therein according to equity and good conscience.

Please your lordship to grant unto your orator his majesty's most gracious writ of subpoena to be directed to said Ralph Eggerton and Elizabeth his wife, Robert Praule and the rest of the confederates when discovered, thereby requiring them at a certain day and under a certain pain there to be limited, personally to be and appear before your lordship in this honourable court, there to answer all and singular the premises, and to stand to and abide such further order and decree herein meet and your orator shall ever pray etc.