| Description | Replies that John Robinson was seised of the lands in the manor of Withernsey [Withernsea] cum Owthorne in 1683, and let the premises to John Lindall for two years at the yearly rent of £8; John Robinson desired a mortgage; On 19 May 1683 John Lindall lent John Robinson £100 (bond for £30) and John Robinson surrendered the land to the use of John Lindall, to be void if John Robinson paid £78 8s at specified terms; John Robinson did not demand the rent so John Lindall retained it, as interest for the money lent to John Robinson, and likewise for out-rents paid yearly to the lord of the manor by John Lindall and for necessary repairs; the agreement of release was never put in writing; John Lindall, a sea-faring man, employed a servant to manage the premises; because of a decay of trade and prices he could not raise the rent from the products of the farm and John Lindall desired to quit it; but John Robinson, a sea-faring man, was a hundred miles away and John Lindall could not recall the loan or procure the interest or expenses, and had to continue in possession of the farm; at the end of the two years John Robinson was given notice by the understeward that the time for redemption of the mortgaged lands had elapsed, and they would be forfeit unless John Lindall was admitted tenant for an entry fine and reversion fine to Viscount Dunbarr, lord of the manor; John Lindall was forced to appear at a manor court and make out his title to the premises, and the understeward granted seisin to him, in bondage, according to the custom of the manor; John Lindall paid £1O entry fine and 15s 6d fees due to the understeward, and did his fealty, and was admitted as tenant; he also paid £5 to the lord for John Robinson's reversion, and arrears of rent
For the last three and a half years John Lindall and his servants have continued in possession of the premises, and paid all assessments; for the full six years he has spent £4 15s on repairs, £4 1s on rent to the lord, £1 3d arrears, and other sums for hearth money, town taxes etc; John Lindall is willing to account with John Robinson for the two years he farmed the premises at £8 rent per year, and for the subsequent years; upon the balance of the account John Lindall is willing to surrender title to John Robinson or his assigns; he denies that he ever refused to account with John Robinson when he was at home or had his papers at hand; when an account seemed to be desired by Mr Kerton, a friend of John Robinson once at London John Lindall declared a willingness to refer all differences to two arbitrators so that an umpire could be found if the arbitrators could not or would not determine the same, but he was not willing to refer only to two arbitrators, and beside, his ship was about to sail; John Lindall proposed to put the differences to two arbitrators and to make Mr Bedall a scrivener to draw bonds to stand to the arbitrament and to be umpire; John Lindall never had any money for redemption of the premises although Mr Kirton and Mr Beddall came aboard his ship on the Thames and demanded an account, though John Lindall was 128 miles from home, and they carried no money to pay him
John Lindall denies that he made any surrender of the copyhold lands or in any way charged or incumbered the same
John Lindall prays to be dismissed with his reasonable costs and charges
Signed: Thomas Alured |