19 Jan'y 1743 To the Right Honourable Philip Lord Hardwicke Baron of Hardwicke in the County of Gloucester Lord High Chancellor of Great Britain.

humbly Complaining Sheweth unto your Lordship your Orator Thomas Turney of Potsgrove in the County of Bedford Daryman That by Indenture bearing date the fourth day of February which was in the year of the Lord One Thousand seven Hundred and Thirty One And made between Thomas Boughton of Aylesbury in the County of Bucks Draper son and heir of Thomas Boughton his late father late of Aylesbury aforesaid Draper deceased who was son and heir of Thomas Boughton his late father late also of Aylesbury aforesaid Draper deceased of the one part And your Orator of the other part the said Thomas Boughton party to the said Indenture for the consideration of One Hundred Pounds of lawful money of Great Britain to him the said Thomas Boughton in hand paid being money by him really and truly lent to him the said Thomas Boughton by your Orator Did grant bargain sell and demise unto your Orator his Executors Administrators and Assigns All that Messuage or Tenement with the appurtenances situate and being in Aylesbury aforesaid then tofore in the several tenures or occupations of Thomas Shalfold(?) and afterwards of the said Thomas Boughton the Grandfather to the son Thomas Boughton party thereto and since of the said Thomas Boughton father to the said Thomas Boughton party thereto and then of the said Thomas Boughton party thereto and fronting towards the Market House

And Also all that one Room or Chamber as the same was then lately divided and taken out of the Dwelling house then late of John Browne situate and being in Aylesbury aforesaid And is over a place called the Stafhouse and contains in breadth at the End next the Market house Eleven feet and an half and in length on that side next to the said John Brown's thirteen feet and four inches and was then lately purchased by Mary Mouth Widow of Daniel Sanders of Aylesbury aforesaid Victualler by Indenture of feoffment bearing date the fourth day of May which was in the year of Our Lord One Thousand and Seven Hundred and three and in the same Indenture more particularly described and the Revertion and Revertions Remainder and Remainders of the same Together with all Deeds Evidences and writings relating to or concerning the same premisses or any part thereof To have and to hold the said Messuage or Tenement Room or Chamber and all other the premisses thereby granted or intended to be granted with their appurtenances unto your Orator his Executors Administrators and Assigns from the day next before the day of the date thereof for and during and unto the full end and term of five hundred years from thence next ensueing and fully to be compleat and ended without Impeachment of or for any manner of waste or spoils Yielding and paying yearly during the said term unto the said Thomas Boughton party thereto his heirs and Assigns the rent of One pepper Corn if the same should be lawfully demanded With a provisor that if the said Thomas Boughton party thereto his heirs Executors or Administrators or any of them should pay or cause to be paid unto your Orator his Executors or Administrators or Assigns the full sum of One Hundred pounds of lawfull mony with lawfull Interest for the same on the fifth day of August then next ensueing at or in the then dwelling house of your Orator situate in Potsgrove aforesaid without any deduction or abatement whatsoever Then the grant bargain and Sale thereby made and every Article Covenant Clause and thing therein contained should cause determine and be void

And it was thereby Covenanted that he the said Thomas Boughton party thereto his heirs Executors or Administrators or some or one of them would pay or cause to be paid unto your Orator his Executors Administrators or Assigns the said sum of One Hundred pounds with lawfull Interest as aforesaid At the day and place abovementioned for payment thereof according to the true intent and meaning of the said Indenture

And that if a default of payment should be made of and in the Sum of One Hundred pounds or any part thereof or of the Interest or any part thereof at the day and place aforesaid Then and from thenceforth your Orator his Executors Administrators and Assigns might enter into and upon the said premisses with the appurtenances And to have hold occupy possess and enjoy them for all the then residue of the said term of five hundred years then to come and unexpired without the Let Suit trouble interruption or denial of him the said Thomas Boughton party thereto his heirs or Assigns or any other person or persons whomsoever free from all incumbrances whatsoever With a Covenant for further Assurance

And your Orator further shews unto your Lordship that Elizabeth the wife of the said Thomas Boughton being or claiming to be entitled to Dower in or out of the premisses in case she should happen to Survive her said husband And the said Thomas Boughton and his said wife being minded to free and discharge the said pemisses mentioned in the said Indenture from her x:x said right and title of Dower for the better Assureing and secureing the Payment of the said Sum of One Hundred pounds and the Interest thereof to your Orator By one other Indenture bearing date the fifth day of November which was in the year of Our Lord One Thousand Seven hundred and thirty eight And made between the said Thomas Boughton and Elizabeth his wife of the one part and James Leach of Leighton Bussard in the County of Bedford Gent and William Gurney of Linslade in the County of Bucks Yeoman of the other part To the intent and purpose to barr and cutt off all Estates Tail Revertions and Remainders thereupon depending or expectant that should or might be upon the said premisses and for settling the same upon the said Thomas Boughton and his heirs

And in consideration of the Sum of Ten Shillings of Lawfull mony of Great Britain to him the said Thomas Boughton paid by said Leach and Gurney or one of them And for divers other good causes and considerations them the said Thomas Boughton and Elizabeth his wife thereunto moving ??? the said Thomas Boughton did thereby for himself his heirs and Assigns and for the said Elizabeth his wife Covenant grant and agree to and with the said James Leach and William Gurney their heirs and Assigns That they would at the Costs and Charges of the said Thomas Boughton within the Space of six months then next comeing together with other persons who were to join therein Acknowledge and levy in due form of Law before the Justices of his Majestys Court of Common Pleas unto the said Gurney and Leach and their heirs or the heirs of one of them One Fine ??? Connuzance de droit come ??? of all the said pemisses with the appurtenances mentioned in the said Indenture

And it was thereby declared and agreed by and between all the said parties thereto That such fine so to be had Acknowledged and levied of the said premisses or any part thereof by or between the said parties thereto should be and enure And that said Leach and Gurney the Connzees??? thereinnamed and their heirs should stand and be seized of all and singular the said premisses with the appurtenances To and for the use and behoof of the said Thomas Boughton his heirs and Assigns for ever And to and for no other use intent or purpose whatsoever

And your Orator further shows unto your Lordship That x:x in the year of Our Lord One Thousand Seven Hundred and thirty eight the said Thomas Boughton borrowed of your Orator the further Sum of One Hundred pounds and for secureing the repayment thereof with Interest by one other Indenture bearing Date the Twenty Seventh day of November which was in the year of Our Lord One Thousand Seven Hundred and thirty eight and made between the said Thomas Boughton party thereunto and also to the said first mentioned Indenture of the one part And your Orator of the other part The said Thomas Boughton for the consideration of the said last mentioned Sum of One Hundred pounds to him the said Thomas Boughton in hand paid by your Orator Did grant bargain sell and devise unto your Orator his Executors Admons and Assigns All the said Messuage or Tenement with the appurtenances And the said Room or Chamber and other premisses in the said first Indenture mentioned

And Also all other the Messuages Lands and hereditaments whatsoever of him the said Thomas Boughton in Aylesbury aforesaid wherein he had any Estate of inheritance in possession Revertion or Remainder And the Revertion and Revertions Remainder and Remainders of the same And all Deeds Evidences and writings relating to or concerning the same premisses or any part thereof To have and to hold the said Messuages or Tenement Room or Chamber and all other the premisses in the said last mentioned Indenture granted or intended to be granted with their and every of their appurtenances unto your Orator his Executors Administrators and Assigns from the day next before the day of the date thereof for and during and unto the full End and term of One Thousand years from thence next ensueing and fully to be compleat and ended without impeachment of for any manner of waste or spoil Yielding and paying yearly during the said term of One Thousand years unto the said Thomas Boughton his heirs and Assigns the Rent of one pepper Corn if the same should be lawfully demanded With a Provisor also That if the said Thomas Boughton his heirs Executors or Administrators or any of them should pay or Cause to be paid unto your Orator his Executors Administrators or Assigns the full sum of One Hundred pounds of like lawful Money with Interest for the same after the rate of four pounds for a Hundred pound for a year upon the Twenty Eighth day of May then next ensueing at or in the then Dwelling house of your Orator in Potsgrove aforesaid without any deduction or abatement whatsoever then the said grant bargain and sale thereby made and every Article Covenant Clause and thing therein contained should cease determine and be utterly void

And it was also by the said last mentioned Indenture Covenant That he the said Thomas Boughton his heirs Executors or Administrators or some or one of them would pay or cause to be paid unto your Orator his Executors Administrators or Assigns the said Sum of One Hundred pounds with Interest for the same after the rate aforesaid at the day and place aforesaid according to the true intent and meaning of the said last mentioned indenture And that if default of payment should be made of the said Sum of One Hundred pounds or any part thereof or of the Interest or any part thereof on the day and place aforesaid Then and from thenceforth your Orator his Executors Administrators and Assigns might enter into and upon the said premisses with their appurtenances And to have hold occupy possess and enjoy them for all the then residue of the said term of One Thousand Years then to come and unexpired without any let suit trouble interruption or denial of him the said Thomas Boughton his heirs or Assigns Or any other person or persons whomsoever free from all Incumbrances whatsoever With a Covenant likewise for further Assurance And your Orator further shows unto your Lordship that no part of the said Several Sums of One Hundred pounds and One Hundred pounds or any Interest for the same has been paid unto your Orator altho your Orator hath frequently applied unto the said Thomas Boughton desiring him to pay the same to your Orator But now so it is may it please your Lordship that the said Thomas Boughton and Elizabeth his wife Combining and Confederating to and with diverse persons unknown to your Orator (whose names when discovered your Orator prays may be here inserted and they made parties hereto with apt words to charge them as Defendants) and designing and intending to defeat and defraud your Orator of his just demands He the said Thomas Boughton refuses to pay the said Several Sums of One Hundred pounds and One Hundred pounds unto your Orator pretending that he never did borrow any Sum or Sums of money or execute either of the said Indentures of Mortgages to your Orator Notwithstanding he has sometimes admitted that he did borrow and receive from your Orator the said several Sums of money and executed the said Indentures for securing unto your Orator the payment thereof as hereinbefore set forth But then he pretends that tho' he did execute such Conveyances as aforesaid there are prior or other incumbrances Effecting the said Mortgaged premisses but refuses to let your Orator know what such pretended incumbrances are or who are the persons to whom they or any of them were made And at other times it is pretended that he and the said Elizabeth his wife never did levy a fine of the premisses according to the Covenant before setforth and that she having done no let whereby to barr her right of Dower she insists that in case she shall survive her husband she will be entitled thereto prior to your Orators said Securities But your Orator is advised that in Case no fine hath yet been levied by virtue of the Covenant of the said Thomas Boughton he and the said Elizabeth his wife ought now to levy a fine whereby to secure the Interest conveyed to your Orator freed and discharged from the Dower of the said Elizabeth And at other times they admit that such fine has been levied and that the said Elizabeth Boughton has thereby barred her right of Dower

But then the said Thomas Boughton pretends that he has sold or conveyed the Equity of redemption of the premisses to some other person or persons who is or are now Entitled to redeem the same but he refuses to discover to whom or for what considerations such pretended Conveyances have been made All which Actings and doings of the said Confederates are contrary to Equity and good Conscience and tend to the manifest wrong and injury of your Orator In tender consideration whereof and for that your Orator is remediless in the premisses by the Strict Rules of Common Law and only releivable in a Court of Equity where matters of Account are properly Cognizable and Releivable and where only rights of Redemption are proper to be foreclosed and where your Orator may enforce a Discovery of the truth of the several matters above set forth By the Oath of the said Confederates

To the end therefore that the said Thomas Boughton and Elizabeth his wife and their Confederates and every of them may full true and perfect Answer make to all and singular the premisses as fully and particularly as if the same were again repeated and they thereunto particularly Interrogated and more especially that they may answer and set forth whether he the said Thomas Boughton did not by the said two several Indentures the one Dated the fourth day of february One Thousand Seven hundred and thirty one and the other the Twenty Seventh day of November One Thousand Seven hundred and thirty eight and made between such parties and to such purport and Effect as hereinbefore for that purpose is set forth or by any and what other Indentures or Conveyances and of what other date and between what parties Mortgage the said freehold premisses herein before for that purpose mentioned or any other and what premisses unto your Orator or any other and what person or persons in trust for him securing the said two several Sums of One hundred pounds and One hundred pounds and Interest for the same or any other and what principal Sum or Sums And whether any and what Interest has been paid unto your Orator for the same and when and by whom and how much Interest remains due for the same And that they may likewise set forth and discover whether the said Thomas Boughton the defendant and Elizabeth his wife did not by such other Indenture as is before set forth covenant to levy a fine of the premisses and whether they have levyed such fine or not And if not then may set forth why they refuse or neglect to do so

And that the said Thomas Boughton may set forth whether your Orator has not applyed him to pay the said several Sums of One hundred pounds and One hundred pounds and the Interest thereof And xx: Whether he has not refused to pay the same and for what reason And that he may set forth Whether there are any and what Incumbrances which Affect the said premisses so Mortgaged to your Orator as aforesaid Which are prior in time to your Orators said Mortgages And that he may set forth when and to whom and by whom the same and each of them were made and by what Deed or Deeds and for what consideration was really and bona fide paid and whom and by and to whom And whether the same or any and which of them have been paid off or now remains unsatisfied and to what amount And may also set forth whether he hath made any and what Conveyances of the Equity of redemption of the premisses and to whom and for what consideration And who now is Entitled to the redemption And that the said Thomas Boughton may be Decreed to pay unto your Orator what shall appear due to him for his two several principal Sums of One hundred pounds and One hundred pounds Together with Interest and Costs by a short time to be for that purpose Appointed Or in default of payment thereof That he the said Thomas Boughton may be debarred and foreclosed of all Equity of redemption of the said Mortgaged premisses and make and execute such further Assurances as shall be necessary for securing your Orators interest in the premisses

And your Orator may be further and otherwise releived in the premisses as to your Lordship shall deem Meet May it please your Lordship to grant unto your Orator his Majesties most Gracious Writ or Writs of Subpoena to be directed to the said Thomas Boughton and Elizabeth his wife and the rest of the Confederates when discovered thereby Commanding them and each and every of them at a certain day and under a certain pain therein to be limitted personally to be and appear before your Lordship in this High and Honourable Court and then and there full and perfect Answer make to all and singular the premisses And further to stand to and abide such Order and Decree in the premisses as to your Lordship shall seem meet And your Orator shall ever pray and so forth.

Acknowledgement to the The National Archives - Catalogue Ref : C12/2243/18

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