C 11/709/21

1718 Chancery Bill and Answers PRO ref C11 709/21

Abstract (see also C11 2010/6 )

Bill of complaint by orator Edward Broughton an infant of 8 yrs, by Mary Broughton his mother of Hatton Garden, St Andrew Holborn MDX 1718.

Defendants include Aquila Wyke gent, Mary Dackomb housekeeper to the said Wyke, John and wife Margaret Dackomb, and Robert Dackomb cousins German to Aquila Wyke.

The Orator’s grandfather, seised of Marchwiel Hall, had one child by Alice his wife, the orator’s father Edward Broughton. Sir Edward committed under custody of Mary after the death of Edward Wyke her first husband, later his second wife.

The settlement of his estate on Mary, the second wife, was made to protect the estate, when orator’s father was 3 or 4 years old.

Mary endeavoured to send him to Virginia, but his friends got him to Jamaica from where he did not return till within these 10 years and died a few years after.

He attained a considerable estate in Jamaica. On his return he found Edward Broughton, the son by the second marriage in occupation, but did not know his rights or of the deed of settlement in favour of issue of first wife.

Mary Broughton the second wife of Sir Edward, by her will dated 1680, devised the premises to Mr Edward Broughton (called Sir Edward Broughton) her son by your orator’s grandfather, and in default to Aquila Wyke, the defendant’s uncle, and in default to Edward Wyke the defendant’s father. All these have died, and premises have come to defendant Aquila Wyke.

Replies from several of the defendants. 9 Feb 1718. The answers of Robert Dackombe, John Dackombe and Margaret his wife, John and Sarah Hughes, five of the defendants.

Robert Dackombe says that a little after the death of Sir Edward Broughton lately deceased, this defendant whose usual habitation was in London, went to Marchwiel Hall about the end of June last and shortly after came Aquila Wyke one of the defendants who was then in possession of Marchwiel Hall. Aquila feared that Thomas Lloyd for the complainant would seize the Hall knowing where the title deeds were. On the advice of John Puleston another defendant, this defendant confesses they got in through a window of the room where the deeds were. They were read by Wyke and Puleston and put in a box and Wyke kept the key to secure them from Lloyd. He did not give the deeds to this defendant or to Margaret Dackombe. Denies they were burnt. But he believes some loose letters (before the interment of the said Sir Edward) were burnt in the kitchen fire, but this was some time before this defendant came into the country. [ie from London].

Margt Dackombe also denies having any of the deeds or key to the box or that they were burnt. She did have a deed brought to Mr Wyke by Richard Cooke cobbler and Thomas Bulkly shoemaker, but had long since delivered it Mr Wyke. She does not know what was in it.

Both deny any knowledge of any settlement made by Sir Edward Broughton the elder upon Alice Honeywoode alias Broughton.

Robt Dackombe, John Dackombe, Margtt Dackombe all signed. John and Sarah Hughes made their marks.

Defendant Foulkes rector of Marchwiel, asks to be dismissed from the suit. He had the keys to the room where the deeds were put. He had heard that Wyke and other defendants had broken in and burnt some. He did not give them the key.

A long reply by defendant Wykes confirms getting in the window etc with Robert Dackombe.