Source: Public Record
Office: C 33/192 p. 444
Title: Chancery
Orders & Decrees Hilary 24 Charles I
Date: 2 April
1649
Joh’es Pluckrose q’
Joh’es Barnard def
’ Wheras by an ordr. of the 23th of Fe: last It was ordered that the
def or his Clarck in cort should haue notice & shew cause why the reporte in the said
ordr. menc’oed should not be confirmed Vpon opening of the matter this p’nte day vnto
the right ho: the Lo. Co &c’ by Mr Sandford being of the Defts co. & vpon reading of the
said ordr. It was alledged that the scope of the pl’ts bill being to be relieued touching
a Lease of a howse made by the def to the pl’ for certaine yeares at the yerelie rent
of 12li’ wth a clause of reentry for non paymt. of the said rent & the cause being heard
the 29th of June 1647 It was then ordered that Mr. Page one &c’ should compute what the
rent due & arreare to the deft. at the time of the defts entry did amownt vnto & the def’ts
charge expended in repaires of the prmiss’s since his entry vpon the prmiss’s & the rent
paid by the Deft. to the chief Landlord Wch was to be allowed to the deft. the said def
discompting the pffitts of the prmiss’s by him rec’d & vpon paymt therof to the deft.
It was ordered and decreed that the def should by Mich’as then next deliuer back the poss’ion
of the prmiss’s & seale a new Lease to the pl’ for the residue of the terme vnexpired
vndr the like rent condic’ons & covenants as were conteyned in the former Lease according
to the direcc’on of wch ordr. the said pl’ did not pcure a reporte by Mich’as then next
but in No: last pcures a reporte to be made in pursuance of another ordr. of the 29th
of June last to warrt the said Mrs reporte Now forasmuch as the said pl’ was by the said
ordr. on hearing to haue procured a Reporte before Mich’as last was 12 moneths & the said
pl’ did not procure any reporte wthin a yeare after & that reporte is made vpon an ordr.
not entred & thorough the pl’s delaies the deft hath ben constrained to lett the howse
in question at the same rent after he had bestowed 7l’ in repaire & paid the rent to the
head Landlord otherwise he must haue lost the benefitt therof eversince the pl’ being
in forma paupis & at the defts reentry & since a prisoner and not able to pay his rent
It was prayed that the said reporte might be Discharged & the bill dismissed It is ordered
that the said pl’ shall haue notice hereof & shew cause the 2d day for moc’ons of the
next terme why it should not be ordered as is desired