Transferred from 'Chancery, Miscellaneous Rolls, 22/5(45)' [18.6.23]. Bill of complaint...

Transferred from 'Chancery, Miscellaneous Rolls, 22/5(45)' [18.6.23]. Bill of complaint of John Presland to the right honourable John [Dudley, 1st] earl of Warwick, Lord President of the Council in the Marches of Wales. About eight years ago the plaintiff exhibited a bill in Chancery to [Thomas], Lord Audley, deceased, then Lord Chancellor, against Richard Presland, now deceased, grandson of Richard Presland who was lawfully seised of the property in dispute (detailed). The plaintiff claims part of the property as 'cousin' and heir of Richard the elder ... (torn) [? son and heir of Richard, son of Richard], and part as heir of Alice, wife of William Presland, father of Richard the elder. He denies the defendants' claims that: 1. Richard Aston and others were seised of the whole property; 2. that Richard the elder willed it to the use of his wife Ellyn and his second son Thomas [see nos. 10, 11]; 3. Humphrey Presland, after the death of Thomas, gave it to Richard the younger, who granted it to his wife Katherine to the use of their son Randolph. If any such grants were made, they were illegal. About two years ago the plaintiff exhibited another bill to [Thomas, 1st baron] Wriothesley, then Lord Chancellor, asking for a writ of subpoena against Katherine and Randolph Presland; the case was then transferred to the common law. The plaintiff took possession peaceably of the 'head house' of Pres[?t]land, where he remained until he was forcibly ejected by the defendants. He therefore, about a year ago, complained of the riot to the Star Chamber, who transferred this suit also, this time to the Council in the Marches of Wales. On the ground of the King's general pardon the case was dismissed, whereupon the plaintiff exhibited a Chancery bill to Sir Richard Rich, 'now Lord Rich', then Lord Chancellor, claiming that he was a poor man, unable to sustain the charges of a common law case, whereas the defendants were 'of great substance, and befriended and allied' in the district. Rich therefore granted a commission on 4 May [? 1548] to Richard [Sampson], bishop of Coventry and Lichfield and Lord President of the Council in the Marches, and other councillors, who ordered the defendants to appear on 31 May last. Since Katherine Presland claimed that all her 'evidences' were in London, 12 July was assigned for a further hearing. In the meantime, however, the defendants secured an injunction from Chancery forbidding the Council in the Marches to continue with the case. The title to the property is still undecided in Chancery, after 'six years and above', and the plaintiff appeals to Warwick to summon the defendants before the Council in the Marches. Signed by J. Warwy[?e]k. Endorsements (in different hands): 1. Dated 28 December 1548. Letter[?s] to be directed to Katherine and Randolph Presland and the other defendants, commanding them to appear personally before the Council in the Marches on 12 January 1549. Signed by R. Townshend. 2. Apparently order for a further hearing. Signed by Ro. Townshend, J. Pakyngton. (Badly defaced).