To the right Honorable the Lords Spirituall and Temporall in this present Parliament assembled.
The humble Petition of
Erasmus Record and
Millicent Vaughan widow the Administratrix of the goods, chattels and debts of
Walter Vaughan deceased.
THat Iohn Skinner became bound in a Recognisance of three thousand pounds to Richard Wilbraham, 22. Aug. Eliz. 41. conditioned to pay one thousand eight hundred pounds to William Winne and his creditors, whereof the petitioner Erasmus Record was one, to whom Winne owed 850 pounds; which condition being broken by the said Iohn Skinner, the said Winne and Record preferred their bill in Chancerie, 23. Ian. Eliz 43. to put the Recognisance in suite: whereupon the Lord K [...]eper did order the 23 of Ianuary 43 of Elizabeth, that the petitioner Record should follow the suite at his owne cost and charges, which he did, in regard that Winne was in meane estate, and not able to follow it.
Vpon that Recognisance the Moytie of the lands of the Mannor of Castle-campes in the Countie of Cambridge, Eliz. 44. by course of Law and order of the Chancerie was at the petitioner Records charges extended, and deliuered in extent to your petitioner Record and the said Winne. Afterwards 4. Febr. 4. Feb. 45. Eliz. Anno 45. Eliz. by consent of all parties and their Counsaile, it was decreed in Chancery, that your petitioner Record and his Assignes should haue yearely one hundred pounds out of the extended Moytie, vntill his debt of eight hundred and fiftie pounds were payd him.
The petitioners further shew, Iacob. 2. that An. 2. Iacobi, there was an assignement from Wilbraham, Winne and Record, made to the said Walter Vaughan, being another creditor of Winne, with a speciall sauing of the petitioner Records decree, and all such order or orders as did concerne the issues, rents and profits of the said land so extended: and also a sauing of a certaine report of Sir Iohn Tyndals (as in the Decree, and by the Deed more plainly doth appeare) vntill your petitioner Record were satisfied and payed out of the extended Moytie eight hundred and fiftie pounds with his dammages.
Also an Act of Parliament passed An. 3. Iacobi, Iacob. 3. concerning the said extended Mannor, on the behalfe of M. Sutton, wherein the right of the petitioner Record is likewise saued.
Afterwards the petitioner Record and the said Walter Vaughan were outed by Alderman Leman, Iacob. 4. by vertue of a former Statute of foure hundred pounds; and after that by Sir William Smith vpon a Statute of one thousand fiue hundred pounds (he being one of the Feoffees for the sale of the land.) But notwithstanding the said Statutes, Iacob. 5. your petitioner Record and the said Walter Vaughan obtained an Iniunction for the possession against Sir Iohn Skinner and Sir William Smith, and all clayming any right vnder them, and thereby were put in possession againe. Then M. Sutton (hauing no bill in Court against Record or Vaughan) purchased the said Mannor, Iacob. 5. and retained in his hands one thousand pounds towards satisfaction of the extent, as Sir William Smith hath set downe vnder his hand. But afterwards by a priuate agreement betweene Sutton, 23. Sept. Iacob. 5. Skinner and Winne, a reference was made to their owne counsaile, your petitioner Record, nor Vaughan, nor their counsaile priuie thereunto, as by the order and report doth appeare, and as Winne by his oath and letter doth acknowledge; notwithstanding a report was made the same day, by which it was pretended that the petitioner Record was satisfied, and thereupon was six hundred pounds giuen to Winne, and the same day by an order foure hundred pounds more was giuen to Sir Iohn Skinner, neither of them hauing any right to any part of it. And thus your petitioner Record was defeated of eight hundred and fiftie pounds due debt, ouer and aboue eight hundred pounds spent in following the suite these two and twenty yeares, to his vtter vndoing, being a poore old man of the age of 72 yeares.
Your Petitioners do therefore most humbly pray, that in all Acts to be passed this present Parliament concerning the said Mannor of Castle-campes, the petitioner Records right may be saued, or else that he may be satisfied his said debt of 850 pounds, in such manner as this most honorable Assembly shall thinke meete.