C 2/JasI/C12/46
17 June 1620
To the right honourable Francis Lord Verulam Lord Chancellor of England
Humbly complaining herewith unto the noble Lord the orator Thomas Calcott in the county of Salop gent that whereas in or about May in the four & thirtieth year of the reign of the late queen Elizabeth of England etc Humphrey Lee of Lea in the County of Salop then Esquire and now Baronet and Thomas Sterry of Downe Rosall in the County aforesaid Esquire and Walter Sterry then son and heir apparent of the said Thomas Sterry due by their indenture demise and lease unto Alice wife of Richard Oteley of Preston Mondford in the County aforesaid gent and mother of your said orator and unto the said orator and Francis Oteley son of the said Richard Oteley one messuage or tenement with certain lands thereunto belonging in Preston Mondford aforesaid to have to the said Alice for term her natural life the remainder thereof after her decease to the said orator for term of his natural life the remainder thereof after his decease to the said Francis for term of his natural life By virtue whereof the said Richard Oteley and Alice as in the right of the said Alice were and yet are seized of the said demised premises for the term of the life of the said Alice and so being thereto seized with the remainders over as aforesaid about seven years last past the orator made a bargain and agreement with the said Francis Oteley that the said Francis Oteley should assume convey and pass over his said remainder of and in the said premises to the said orator for the sum of fourteen pounds whereof five pounds to be paid by the said orator in hand and the nine pounds due to be paid by your said orator his executors or administrators upon the day of your orators marriage or the day of his death of the said Francis Oteley should be then living And that your said orator should enter into bond to the said Francis Oteley for the payment to him of the said nine pounds in such manner and at such time as is aforesaid according to which bargain and agreement your said orator paid to the said Francis Oteley the said five pounds in hand and the said Francis Oteley having procured a bond to be drawn for the payment of the said nine pounds and affirming that the same was drawn according to the said agreement and requesting your said orator to seal the said bond the said orator giving credence to the said Francis Oteley did thereupon without any ___ thereof seal and deliver the same as his act and deed to the said Francis Oteley But not long after the said orator having intelligence that the said bond was made for the payment of nine pounds unto the said Francis Oteley his executors or administrators upon the day of the marriage of the said orator or the day of his death absolutely without such condition as aforesaid vizt if the said Francis were then living he the said orator thereupon having sight of the said bond so by him sealed and finding the condition of the bond to be for the absolute payment of the said nine pounds without any condition required the said Francis __ the said bond might be cancelled and a new bond to be made by the said orator unto the said Francis for the payment of the said nine pounds at the day of the marriage of the said orator or the day of his death __ the said Francis were then living according to the said agreement which the said Francis then promised and agreed should be done accordingly but before the said bond was renewed and about four years last past and long before the day of the said orators marriage to the said Francis Oteley died after whose decease the said bond so made contrary to the said agreement and which should have been altered as aforesaid came to the hands of Henry West and Catherine his wife administratrix of the goods and chattels of the said Francis Oteley and thereupon the said orator _ required the said Henry West and Katherine his wife to deliver up unto the said orator the said bond to be cancelled in regard that the said bond by the death of the said Francis Oteley before the said orators marriage became frustrate and of none effect But so it is may it please the Honourable that the said Henry West and Katherine his wife by cullor[?] of having in their hands the said bond being of the sum of eighteen pounds or thereabouts conditioned for the payment of the said nine pounds or such manner as is aforesaid being made contrary to the said agreement have now lately put the said bond in suit to the Common Law against the said orator in the Court of Kings bench and therein do proceed with all extremity intending to recover the penalty of the said bond against the said orator contrary to the said agreement and promise of the said Francis Oteley and contrary to all equity and good conscience to tender consideration whereof and for that the orator hath no remedy or relief at the common law concerning the premises and to the end the said Katherine late wife of the said Francis Oteley who doth well know what the said agreement was and that it was now extent or meaning of the said ___ thereunto that the said orator should pay the said nine pounds at such time as the said Francis should be dead and whereas their was no possibility that the said orator should receive any benefit by the said remainder for which said nine pounds was to be paid as aforesaid all which the said orator hapeth[?] that the said that Katherine will confess in or by her said answer to the promises it may therefore please the Honourable Lord to grant unto the said orator notenely[?] his Majesties gracious writ of subpoena to be directed to the said Henry West and Katherine his wife thereby commanding them and either of them at a certain day and under a certain pain therein to be __ by your Lordship personally to be and appear before your Honourable Lordship in the King Majesties High Court of Chancery then and thereupon their cor[?] all other to make perfect and direct answers to the promises and to stand to an abide such orders __ therein to be taken as to the Honourable shall seem consonant to equity and good conscience But also the Kings Majesties gracious writ of in__unction[?] to be directed to the said Henry West and Katherine his wife their ___ Counsellor Attorneys ___ and Polic__[?] and every of them by commanding them and every of them surcease[?] and no further to proceed with said suit against the said orator And the said orator shall __ pray to God for the perservation[?] of the Honourable Lord to live and continue in all honour and prosperity[?]

[Signed] Harris

Note: Thomas Sterry of Downe Rosall and his son Walter are almost certainly connected to the Sturry family of of Shrewsbury, Shropshire. The Sturry family acquired the estate of Rossall in Shropshire about 1380. Church records of Fitz and Shrewsbury in Shropshire use the spellings Sturye, Styrrie and Sterry. Walter Sterry above may be the Walter Sturye baptised at Fitz, Shropshire in 1570.