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Chancery pleadings: Upcott v. Whiston (1569)

National Archives ref: C3/183 / 22 and 23

Transcribed by David Carter 2017

[Implied letters in brackets have been added by the transcriber. Spelling remains verbatim]

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Catalogue entry descriptions:

Date: 1558-1579
Pleadings; Upcotte v Whitstone. 
Plaintiffs: John Upcotte. 
Defendants: John Whitstone. 
Subject: property in Appledore in Northam, Devon. 
Reference: C 3/183/22
https://discovery.nationalarchives.gov.uk/details/r/C3788425

Date: 1558-1579
Pleadings: Upcotte v Whiston. 
Plaintiffs: John Upcotte and Grace Upcotte his wife. 
Defendants: John Whiston. 
Subject: property in Appledore in Northam, Devon. 
Document type: [pleadings]. 
Reference: C 3/183/23  
https://discovery.nationalarchives.gov.uk/details/r/C3788426


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Document descriptions:

The two documents here, are of varying condition.
The first (#22) is fully clear, apart a tear across the centre.
The second (#23) is creased and faded in parts, and a section on the r/h side is missing. The bottom 4 lines are badly faded.

John Upcott is probably the same person as appears on the first page of the Northam Baptism registers (1538).
He later appears as a churchwarden (1576), and in 1582 a John Upcott is listed as one of twenty master mariners of Appledore on a naval survey (State Papers 12/156/45). 
This document from 1569 says that he was a yeoman, but also makes mention of him having been a mariner and “goinge in a voyage beyonde the sease”.
There is no record of a burial for him in Northam, or his marriage to wife Grace, but the Northam Marriage registers do not start until 1605.

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Document C3/183 / 22

October 1569
To the right honourable Sir Nicholas Bacon knight Lord keper of the great seale of England.
In moste humble wise sheweth and complayneth unto yo[u]r honorable Lordshipp yo[u]r power and daylie orator John Upcotte of Northam in the countie of Devon yeoman.
That whereas your said orator and Grace his wyf of late were seased as in the right of the saide Grace of and in one messuage or tenenment garden and certen acres of land to the same messuage belonginge sett lyenge and beinge in Appledorre w[i]thin the p[ar]yshe of North[a]m aforesaid and the same to hold for terme and duringe the lyf of the said Grace the enheritance of all w[hi]ch in rev[er]sion rightfully appertayned unto one John Berima[n] of Littleh[a]m w[i]thin the same countie and they beinge so seased the said John Berima[n] did bargaine and sell the rev[er]sion of the premis[e]s to one John Whitstone of North[a]m aforesaid to him and to his heires for ev[er] and furthermore the said Whitstone to have hit assuredly myndinge thereby to extingwyshe all former right what so ever Did newly conclude and bought it againe of one John Chollacomb [torn] p[re]tended title thereto and when he had so don sought by erneste requeste and folowinge of yo[u]r said orator that he might take and have possession premiss[es] w[i]thout w[hi]ch he could not (as he said) to good effecte execute suche former conveyance and because yo[u]r said orator was no~[torn]~llibleby law~[torn]~ich his request, beside in do doinge it might be p[?]indiciall & determin his estate did therfore refuse itt at the furste yett at lengthe when the said Whitstone before didse honeste and credible p[er]sons redie testifie the same faithfully p[ro]mised yo[u]r said orator sh[o]uld not only continewe thestate he had before w[i]thout any lett or deniall by him or any of his but always att the requeste of yo[u]r said orator wo[u]ld make hitt more firme and s[ec]ure by w[hi]ch occasion yo[u]r said orator grannted to his demannde for the possession as aforesaid and to ~?~ another tyme after upon further communication had between them & conc[er]ninge the p[re]miss[es] they agreed & maid & forme folowinge that ys to say the said John Whitstone aswell for the consideration aforesaid as also for the some of fower marks of lawfull money of England to be paid as herafter foloweth gr[a]nnted yo[u]r said orator should have a further estate in the p[re]miss[es] for his awne lyf also, w[hi]ch like p[re]mise he wo[u]ld make and p[er]forme hit upon requeste and then yo[u]r said orator to pay him the fower marks and not before. But so it is right honorable Lord, albeit yo[u]r said orator grannted him in all things to do as before ys said ~her by it vested the rev[er]sion in Whitstone as it was grannted, w[hi]ch is theonly coles of cause he hathe thus to vex and call in question thestate of yo[u]r said orator and therupon not only requested the conformation of his former estate as it was p[re]mised at the furste it should be made more firme and s[ec]ure, but in like ma~ according ~?~ their laste agrement for a further estate in the p[re]misse w[hi]ch yo[u]r said orator also requested to have for terme of his awne lyfe all w[hi]ch do the said Whitston not only denyed & yett dothe contrary to his lawfull p[ro]mise in that behalf but also from tyme to tyme hath entred the p[re]miss[es] in forcible man[ner] & continually dist~?~ the possession of yo[u]r said orator againste all right equitie and good conscience, and because yo[u]r said orator suspected not the mste dealinge of the said Whitstone but that he wo[u]ld performe in all things what he faithfully p[ro]mised, & especially the same beinge grownded upon suche good consideration as aforesaid, He ~?~ted therfore to his bare p[re]mise w[i]thout any writinge and so yo[u]r said orator ys remedlyles by dewe order and course of the comon lawes of this realme to his ~?~at ~ffe? and hinderance unles yo[u]r good lordshippe aide and favor be unto him shewed in this behalf therfore it may please yo[u]r good lordshipp the p[re]miss considered to grannte unto yo[u]r said orator the Quenes moste gracious write of subpena to be derected unto the said John Whitstone com[m]anding him by the same p[er]sonally to appeare before yo[u]r honorable lordshipp in the Quenes High Courte of Channcery at a c[er]ten day & under a l[?]ten paine therin to be ~~nnced then & theire tanswere the p[re]miss & sunder to stand & obay all suche order and direction therein as to yo[u]r good lordshipp shall thengst meate to stand w[i]th equitie and good consicence & yo[u]r said orator shall daylie p[ra]y for you[u]r honor long to endure.

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Document C3/183 / 23

To the right honourable Sir Nicholas Bacon knight Lord kep[er] of the great seale of England.
In moste humble wise sheweth and compleyneth unto yo[u]r honorable Lordshippe po[wer] daylie orator John Upcotte & Grace his wieff that ~~~~ [torn to side of page] as of fee as & in one ten[emen]t & 2 closes of lande & 2 gardens w[i]th thapp[ur]tenances sett lieinge beying at Appledor w[i]thin the p[ar]ishe of Northam th~~~~ [torn to side of page] thereof so said ~~soe a certen farm ~?~ ~?~ to him in hand paid by one Richard Beaple did demise & to ferme lett the said ~~~~ [torn to side of page] w[i]th thapp[ur]tenances unto the said Richard Beaple & Agnes his wieff & unto Grace ther daughter for terme of ther lyffs & every of them longest ly~~~~ [torn to side of page] duringe the said terme a certen rent for the p[re]misses by force(?) whereof the said Richard Beaple & Agnes his wieff & Grace their daughter ~~~~ [torn to side of page] w[i]th thappurtenances & were therof seised(?) in the the demesne as of freholde for terme of ther lieffs And ther beinge theerof so se[ise?]d the said Grace to be to ~~~~ [torn to side of page] & was to him lawfullie granted by & ~?~ w[i]th espausels(?) the said John Upcotte & Grace his wiffe as in the right of the said ~~~ng were joyntlie sei[s]ed of the ~~~~ [torn to side of page] the premisses w[hi]ch the said Richard Beaple & Agnes Aft[e]r w[hi]ch tyme the said Richard Beaple & Agnes did release unto the said John Upcotte & Grace his wieff ~~~~ [torn to side of page] tytell(?) & interest ~?~ to the premisses by ~?~ whereof the said John Upcotte & Grace n~~e foulye(?) sened [secured?] yf & in the premysses w[i]th thapp[ur]tenances on these ~~~~ [torn to side of page] as ~?~ the right of the said Grace and they ~?~se of the premysses so sened [secured?] dyd said John Beryman by lawfull conver~~~ne in the lawe and ~~su~~ ~~~~ [torn] & residue of the premysses w[i]th thapp[er]tenances unto one John Whistone & to his heires in see unto w[hi]ch grannte yo[u]r said orators did ~~orme And aft[e]r yo[u]r said orators oeln~~? ~~??~~~ & in the premysses as aforesaid uppon communycation and betwene yo[u]r said orators and the said John Whiston the said John Whiston did p[ro]mise to yo[u]r orators ty~~~ then wold surrender unto him all ther estate & interest of & in the premysses that he the said John Whiston wold maeke a new leasse unto yo[u]re said orator of & in the premisses by his sufficiente writinge in the lawe. To have & to holde the premisses w[i]th thapp[ur]tenances unto yo[u]r said orators for terme of ther lieffs & the longest lyver of them yo[u]r said orators pu[rv]yenge unto the said John Whistone therfore & to his heires a certen rent betwene them agreed woardinge to w[hi]ch agrement yo[u]r said orators did surrender unto the said John Whistone all ther estate right title & interest w[hi]ch their and then to come for & in the same ast' w[hi]ch surrender so made yo[u]r orators requested ~?~ o~ ~~~gastow to usshere the the premisses by ~?~ sufficient writings unto yo[u]r said orators for terme of their lieffe accordinge to the said agrement but the said John Whiston aft[e]r many delayes ~ed in thende declared unto yo[u]r said orators that he wold not assure the premysses unto yo[u]r said orators and theruppon oronght(?) and ~?~ of h~~~~ [faded to side of page] against the said John Upcotte thone of yo[u]r said orators & the ~~anpernge of the premysses wheruppon said orators by cearvie(?) yf learned councell ~~~~ [faded to side of page] ~?~ bill oof compleinte against the said John Whiston in this honorabell court for the tanse(?) aforedsaid And had the Anenes(?) me[n]tio[ne]d write of Enopan(?) ~~~~ted ~?~ of this honourabell court against the said John Whiston uppon the same bill w[hi]ch pr[emi]ses yo[u]r said orators sorue? Uppon the said John whiston Ast~~ ~?~tyme? ~~~[faded to side of page] any annswerre made unto yo[u]r said orators in the said former bill of complaynte so exhibited agaynst him by the said orators The said John Whiston ~o~nessa~ it [faded to side of page] the same matt[er] in contraidse between him & w[hi]ch said orators to be com~[?]~ned of to thend a quiet end myght be hade wher~nt yo[u]r said orators were now ~~~~al [faded to side of page] for that the said John Upcotte then of w[hi]ch said orators now~~? mariner, and was goinge in a voyage beyonde the sease he appoynted one Wilm Vallet [faded to side of page] Richard Westcombe his neghboures to travell for him w[i]th the said John Whiston to conclude some sev[e]rall end gevinge them full awtorytie to any [faded to side of page] wheruppon the said John Upcotte do p[?]ted in his ~or~~nge. And the said Willm ~rallet & Richard Westcombe had divers tymes communycation w[i]th the said John Whiston touchinge the said matt[er] in ynestant between him & yo[u]r said orators wheruppon in th'end they fullie contended & agreed uppon the said [faded to side of page] that the said John Whiston in consideration of the some of xl to be payed by yo[u]r said orator unto the said John Whiston at a certen ~?~ betwene them agreed that the said John Whiston should by his deade sufficient in the law as by the conncell learned of yo[u]r said orators myght or should so devise~ assure & convey the said ten[emen]t & all other the premisses w[i]th theapp[ur]tenance one demense toft lyeing in the north p[ar]te of the house of the said ten[eman]te unlie excepte ~?~ yo[u]r said orators & to the sayd Richard Beaple for terne of fower score yeres of the said Richard & yo[u]r said orator or any of them so longe should lyve yelding the before yer~ unto the said John Whiston & his heirs xxii of lawfull monye of England on the fower most termes of the yere by ev~~ porc~~~ [illeg to side of page] agrement w[i]th said orators did farntesse(?) their sute(?) w[hi]ch then ha~~ attempted in this honorabell court against the said John Whiston thin~~inge that said John Whiston wold have accomplisshed his said said faythfully p[ro]mise & agrement But so yt is (right honorabell lorde) that that w[hi]ch should ~?~ yo[u]r said orator did tender & offer the said some of monye of xl'l unto the said John Whiston at & befoe the day betwene then agreed uppon resmest? ~?~ him to se~~ & dely[ver]ed unto yo[u]r orator a dead conteyninge a grannt of the premisses to yo[u]r sayde orator & to the said Richard Beaple accordinge to the said astengre? m~?~ yet that to do the said John Whiston utterlie refused & yet doth refuse contrarie to all equities & conscions? & to the utter undoinge of yo[u]r poore orator unless yo[u]r honors favor be to them shewed in this behalfe In consideration whereof And so(?) as ~nnpse as yo[u]r said orators have no remedie by the now lawes of this realme to compell the said John Whiston to assure convey the premysses to them & to the said Richard Beapell accordinge to the said agrement [faded to side of page] [faded] lordshippe to grant [faded] wieff Grace ~~~gte of [faded] to be [faded] to the said John Whiston commanding? him by the same? [faded to side of page] [faded] most [faded] at a certen day & under a certen [faded] by yo[u]r lordshippe in the same? w~~~le to [faded] annswere to the p~~~[faded] and [faded] to stand? & [faded] under & in [faded] in the forme as shalbe thought by yo[u]r lordshippe to stand w[i]th e~~nytie & [faded] And your said orator shall de~~ [faded to side of page] so~~~~ be ch~~[faded] estate [faded] yo~~~ lordshippe longe to continue.

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