Bill of Complaint to Philip Lord Hardwick, Baron of Hardwick, Glos, Lord High Chancellor,...

Bill of Complaint to Philip Lord Hardwick, Baron of Hardwick, Glos, Lord High Chancellor, of Thomas Baldwyn of Shrewsbury, gent.

By lease of 28 April 1686 between Richard More of Linley, Esq. since decd

(1) Thomas More of Claines, Worcs.,gent (2) Charles Cocks of the City of Worcester (3) Richard More let to Cocks the capital messuage in Larden in which Jasper More formerly lived, then Thomas Withers and after Thomas Howells, then Frances Howells, gentlewoman, with houses and lands etc. in Upper Larden, Nether Larden, Shipton, Morehouse and Bentleys.

To Cocks from the day before for 99 years if Thomas More and one Richard More and Susan More so long lived @ a peppercorn rent, on trust for Thomas More.

Thomas More about 2 May 1709 applied to the complainant to lend him £200 which he did and took Thomas More's note of hand for the same which was dated the said day.

The complainant desiring a better security for his money, Mr More on 31 January following by his bond was bound by the name of Thomas More of Larden, Esq. to the complainant by the name of Thomas Baldwyn of Easthope gent., in £400 for payment of £200 on 31 July following, with interest, on which the complainant delivered to Thomas More his note of 2 May which More had given him for £200.

The complainant received for part of the interest due on the bond @ 6% £121 9s 6d and endorsed receipts on the back of the bond.

There is now due for interest £223 10s 6d

Soon after he had lent the £200, c. 11 June 1709 Thomas More made a second application for £50 which the complainant lent him and More gave him a note; Thomas More being his intimate acquaintance and promising speedily to pay the complainant £50, the complainant did not insist on having the £50 comprehended in the bond which More gave him in the January following. The complainant has never received any of the principal £50 nor interest.

Thomas More has applied for further sums to Martha Baldwyn of Shrewsbury, widow, the complainant's mother, for £100 who lent it, on a bond by Thomas More of 2 Nov. 1714 in £200 to repay £100 and interest on 2 Jan. following.

Martha Baldwyn died on 23 Feb. 1716/17, by her will appointing the complainant, her son, executor, who proved it. There is now due on his bond £105 interest @ 5%.

The complainant being very uneasy that the £50 nor interest of the bond for £200 had been paid as promised and the interest of the bond to his mother for £100 had been in arrears for several years, so in case the principals of £200 and £100 should be lost applied to Thomas More for payment of £50 and of £200 and £100 with the unpaid interest.

Thomas More being unable to pay the same was willing to give a further security and for payment of other creditors who had applied to him, by lease of 25 March 1722 between Thomas More of Larden (1) the complainant as Thomas Baldwyn of Shrewsbury (2) to raise a yearly rent of £60 out of the houses and lands to pay More's debts, i.e. to Mrs Anne Minshall of Shrewsbury, spinster £70 due by bond, and interest; to the executor of Mrs Martha Baldwyn, widow, decd. the principal of £100 and interest and other persons to whom More is indebted as he himself directed, Thomas More let to the complainant the capital messuage and lands in Larden (Thomas More) with houses & c in Upper Larden, Nether Larden, Shipton, Morehouse and Bentleys (once Thomas Withers or Thomas Howells, formerly Frances Howells) for 50 years, paying More a peppercorn yearly on 1 May.

By indenture of 28 April 1722 between Thomas More of Larden, gent (1) Jane Cotton of Bridgnorth (2) Thomas Cotton, Vicar of Badby, Northants, Clerk, and William Roe of Pitchford, Clerk (3) reciting the said lease of 28 April 1686 and reciting that by several mean conveyances and assignments the messuages and lands etc. and the lease were in consideration of £300 paid by Elizabeth Whitmore of Ludston, spinster, transferred to her for the rest of the term subject to a proviso of redemption to be void on payment of the principal of £300 and interest.

Reciting that in Trinity term 1718 Thomas More confessed a judgement against him for £600 in Common Pleas and Elizabeth Whitmore, as a further security defeazanced for payment of £300 and interst.

Reciting Thomas More towards paying several of his debts had granted and subjected the premises to payment of £60 a year.

Reciting a marriage was intended between Thomas More and Jane Cotton, and that Thomas More in consideration of this granted the said messuage and lands to Thomas Cotton and William Roe for the remainder of the term subject to payment of Elizabeth Whitmore's £300 and interest and the said £60 a year, inter alia, in trust for Jane Cotton for life.

On 25 December 1722 an indenture between Edward Jellico and Elizabeth his wife, nee Whitmore (1) Thomas More (2) William Wharton and Elizabeth Holland (3) by which (1) assigned to (3) the estate of Larden in consideration of £400 which was thereby to be secured with interest and no notice was taken in it of the marriage settlement. The deed was signed only by Thomas More and William Wharton.

Mr Baldwyn has heard that a new mortgage was made of the premises on 29 May 1731 for £315 2s 4½d to Mrs Elizabeth Kidson, formerly Holland.

William Wharton and Elizabeth Holland who married Mr Kidson, brought an ejectment and took possession of the estate and received the rents from Mr Fleming until they were satisfied their principal and interest.

Thomas More died about 30 August 1731 leaving his widow, the said Jane, and no issue. She had not paid his debts.

Wharton and Kidson assigned their right to Thomas Cotton, the trustee in the marriage settlement, on 12 August 1736, for about £15 by direction of the widow, Jane More, to coer the estate.

Susan More is the only life on which the lease depends and she is very old.

Jane More, the widow, is now in possession and receives the rent and has done from 11 August 1735 when Kidson and Wharton were paid off. The £64 has been received by Thomas Cotton which might have been used for the other debts. It is thought that Jane More would have paid the interest and principal, but they all refuse to pay Mr Baldwyn.

[Not fully abstracted]