C 11/2264/37

1738 Chancery Bill and answers Strudwick v Meredith 6 Jun 1738 PRO ref C11 2264/37 (ABSTRACT)

Bill of Complaint by Henry STRUDWICK esq an infant of Scotland Yard, Whitehall, aged about 20 by Charles LUTWICK esq his next friend.

reiterates the same complaint as before:

Orator’s [great] grandfather Sir Edward BROUGHTON of Marchwiel Hall sometimes called Colonel BROUGHTON seised of Marchwiel Hall in occupation of his grandmother Margaret BROUGHTON widow, an his mother Dame Frances BROUGHTON

His estate includes 3 water corn mills at Teefords in Alinbury, Flint, and other lands in Chester Denbigh & Flint of value £700pa.

Around 1650, Colonel BROUGHTON married Alice HONEYWOOD daughter of Robert HONEYWOOD, Bart, of Pett, Kent

By deed dated 7 Aug 1650 the Colonel assigned the premises in tenure of Margaret BRO’N, widow and considerable other property to Robert HONEYWOOD & Thomas DARREL in trust

Assigned £800 raised for 4 sisters of Edward BROUGHTON, and £140pa for life to wife Alice, and after decease of Edward BROUGHTON and Alice, to the heirs male, and for want of such issue to the use of Richard, his brother, and by tripartite dated 25 Jul 1654, Elizabeth, Ann, Margaret and Dorothy BROUGHTON, daughters of Sir Edward BROUGHTON, and sisters of said Colonel Edward, during the lives of Margaret BROUGHTON his grandmother, and Dame Frances his mother

Three years after making the last mentioned deed of 1654, your orator’s great grandfather, Colonel BROUGHTON had issue by Alice, your orators grandfather, Edward BROUGHTON, late of Hatton Garden and some short time after, Alice died leaving your or’s grandfather an infant of very tender years.

And the said Colonel BROUGHTON afterwards Sir Edward BROUGHTON having been a colonel under Charles I, was committed to the prison gatehouse at Westminster where Mary WYKE widow of Acquilla WYKE being then keeper of the prison “who being a very artful woman, insinuated and encouraged said Colonel BROUGHTON so far as to contract an intimate acquaintance with her”

She prevailed upon him to intermarry, and to preserve the estate before that time settled as aforesaid, from the usurped power [Cromwell] she prevailed upon him to make some deed of settlement upon herself,the said Mary his second wife, who was afterwards called Lady BROUGHTON pretending that the consideration of marriage would protect the estate from falling into the hands of the usurped power…dated 1660

After the restoration the said Colonel BROUGHTON took upon himself the title of a Baronet and was killed in 1665 in the Dutch Wars, leaving Edward BROUGHTON by his first marriage about 8 years old, your complainant’s grandfather.

No care being taken of him by Mary, Lady CRAVEN or some other relative fitted him out and sent him to Jamaica where he got eventually an estate of £40,000.

He returned to England 1690 and was here naturalized as the true and lawful son, born at the Hague in Holland.

He went back to Jamaica, and returned to england 9 or 10 years later, and married your orators grandmother, Mary, daughter of Mr. Anthony CRAVEN;

They had a son Edward Broughton, who died an infant, and two daughters, Mary, & Theodosia who died single and without issue. Mary married Henry STRUDWICK esq and had children Henry (the complainant) and two younger brothers.

The second wife of the Colonel,Mary Wykes, had one child by BROUGHTON – Edward, who took title of a Baronet, though in truth he was neither male nor female, though this was kept secret until the time of his death.

The first Edward Broughton, from Jamaica, knew his half brother could have no issue, and let him stay at Marchwiel. He was very easy on that account for that he had an estate sufficient to maintain himself and family and as it was impossible for the said Edward BROUGHTON to beget children by reason of his infirmity

By rights the estate must descend to your orator’s grandfather, but the grandfather died 5 years before his half-brother, who died 11 Jun 1718.

Aquila WYKE entered the estate before the funeral of said second Edward BROUGHTON.

Your orator’s great uncle Mr LLOYD and the defendant WYKE came to an agreement that the deeds be kept in a certain place or chamber called the Gatehouse at Marchwiel Hall. Mr. Lloyd went home to Overton;

Wyke with assistance from Robert DACKOMBE since deceased, with a ladder etc [reiteration of destruction of documents]

….custody of Margt DACKOMBE widow, Wyke’s housekeeper. Defendant has sold or mortgaged property and cut down trees. By deed of 1654, Mary should have paid £300 each to sisters of Sir Edward BROUGHTON: Ann, Margt and Dorothy BROUGHTON;

they brought an exchequer bill, judgment given Oct1669;

she to mortgage estate for £1000. Seeks now an injunction to stop further waste of the estate Defendants;

Aquilla WYKE, Meredith his counsel, Margaret DACKOMBE widow. Robert DACKOMBE not now a defendant By way of lease (6April) and release (7April) dated 1660 between Colonel BROUGHTON Sir Robt HONEYWOOD & Thos DARRELL of the 1st part, Mary WYKE widow of the 2nd part, and Wm KNIGHTLEY and John MILLS of the 3rd part, in consideration of a marriage intended between Colonel BROUGHTON and Mary WYKE [for benefit] of Mary WYKE and her issue and on the death of her son Edward BROUGHTON, Aquilla WYKE took possession and has been there for 19 years or thereabouts Edward and Aquila WYKE sons of Aquila WYKE, Mary’s first husband, entered the premises. Mary died 1694 and Aquila died without issue.

Edward died with issue – the defendant his eldest son …”nor is it reasonable to suggest that Colonel BROUGHTON should make such settlement to convey away all his real estate to such a person as she was, she being no more than keeper of the gatehouse, and then only in consideration of the said marriage when she at the same time had no good or sufficient estate of her own so as to deserve or require such settlement”

…Mary WYKE later BROUGHTON being possessed of the whole of the estate and not having paid to the sisters £300 apiece, they brought a bill at Westminster against Dame MARY for payment date 25Oct1669

Reply of Acquilla WYKE lengthy reply reiterating much as before; Robert Honeywood of Pett, Kent;William KNIGHTLEY of Egham Surrey. Mary WYKE had two sons by her 1st marriage, Edward and Acquila; relates the will of Mary;

Aquilla died without issue in the lifetime of Sir Edward BROUGHTON.

Henry Strudwick does not have the deed mentioned