cocker knight and the lady Elizabeth his wife daughter and heir of edmund  ludlow son and heir of henry ludlow against Bevis Jan mortgage and a decree  enrol to foreclose by a time certain yet in case of inevitable necessity c the  time enlarge on a original bill upon hear and debate the matter in question  between the say party this present day in presence of counsel learned on both  side the substance of the plaintiff bill appear to be that Henry Ludlow have  borrow the sum of pound of Peter Bevis the defendant father do for security of  thereof by indenture date September Ann car demise unto the say Peter Bevis  the manor of Kingston Deveril with its appurtenance for the term of year and  for security of the other sum do by indenture the that of the same month in  the year aforesaid demise several wood call Sawley Eulel and Ely and diverse  ground unto the say Peter Bevis for the term of year aforesaid and that the  say Peter Bevis by indenture october car do redemise the say manor of Kingston  Deveril with the appurtenance unto the say Henry case in chancery Ludlow for  the term of year render a yearly rend unto the say Peter Bevis of pound at  ladyday and Michaelmas by equal portion during the life of Susan the wife of  the say Peter Bevis and Richard Cubbel and the long liver of they and by  another indenture date October in the same year do redemise the say wood and  ground unto the say Henry Ludlow for the same term render unto the say Bevis  pound per Ann case in chancery er p during the life of Richard Bevis William  Bevis and Sabastian Isaac which say land at the time of the aforementioned  grant be worth to be sell pound and that for six year and a half the say Henry  Ludlow do duly pay the say rend amount to pound and that for nonpayment  thereof about the year the say Bevis make his entry and receive the profit  thereof whereupon John Ridout gentleman and Elizabeth his wife former the wife  and executrix of Edmund Ludlow together with the now plaintiff about  easterterm exhibit their bill into this court to have a redemption of the say  mortgage pay what shall appear due on the say account upon hear of which Cause  in novemb follow it be order and decree by the consent and agreement of the  party that the then plaintiff shall pay all the arrearage of the say rend at  pound per Ann and that upon payment thereof the say Bevis shall reconvey the  say mortgage premise unto the then plaintiff or to who they shall appoint and  to that end do appoint a account to be take by Mr rich then one of the master  of this court and what he shall find due be to be pay pound thereof at  Christmas then follow and the residue at the end of six month and six month  then next follow by equal portion pursuant to which order the say master  certify there be due to the say Bevis the sum of pound which sum be make up of  interest during the late trouble at pound S per cent which say pound be duly  pay at the time prefix for that purpose but the plaintiff be a colonel in the  king Army and about the time allow for the latter payment be engage in his  majesty service at Worcester be force to leave the kingdom and thereby disable  to make satisfaction accord to the decree nevertheless do write to the say  Bevis to sell part of the say land and pay himself what be due to he who  accord sell unto sir James thynn and other so much of the say premise as raise  the whole case in chancery money and yet continue the possession and receive  the whole profit of the residue of the land and about four year since die  whereby the say premise come unto the defendant his son as administrator of  the say Peter Bevis his father who continue the possession thereof therefore  that the say defendant may come to a account with the plaintiff for the Mesne  profit by he receive and that he may reconvey the mortgage premise to the  plaintiff or to who he shall appoint he be Willing to satisfy the defendant if  any thing shall be find due to he on account be the scope of the bill  whereunto the counsel for the defendant insist that there be such a decree as  in the bill set forth and that for the nonpayment of the money compute due  which consist only of the arrear of rend without any interest for the same the  say decree become absolute upon which the say defendant rest satisfy and the  sale make to sir James thin be not pursuant to such letter send by the  plaintiff but sell on the say Peter bevis own account and wherein the say  Peter Bevis have give a general warranty wherein he have bind himself and his  heir in perpetuity which he will not have do for a three person be advantage  this court nevertheless after long debate of the matter and hear what can be  allege by counsel on either side and read of the whole proof take in this  Cause and of the decree make in the former Cause which appear to be make by  consent be full satisfy that the decree be in the nature of a mortgage and but  a security for money although the same be make absolute and the say lease to  Mr Bevis confirm and inasmuch as the consent and agreement of the say party be  in part execute by the payment of the say pound and the condition of the time  be then such that as appear by the defendant own proof that part of the land  can not be sell by which the plaintiff can not make satisfaction of the say  decree notwithstanding a continue endeavour appear in the plaintiff to that  purpose as his desire of sale of part of the say premise to sir James thin and  sale make by the say Mr Bevis and much money receive by he by fine and  otherwise of some of the tenant of the say manor and it also appear that this  court have very often in such like case of inevitable necessity and no wilful  default appear in the case in chancery party enlarge the time as to the  performance of the decree notwithstanding such decree have be sign and enrol  and this appear to be new matter subsequent to the say decree be also satisfy  the plaintiff be capable of relief in this court and do therefore think fit  and so order and decree that both party do proceed to a account and that it be  take by sir Thomas bird knight one of the c and the plaintiff be at liberty to  take out a Commission in the country for proof of case in chancery er p any  thing relate to the say account upon which account the master be to allow unto  the defendant the whole money decree with damage for the same since the time  the same shall have be pay by the decree deduct the pound already pay as  aforesaid and that the say defendant Mr Bevis do also account before the say  master for what he real make and receive of the say manor of Kingston Deveril  by grant estate or otherwise as also the profit make by the wood call Sawley c  by the defendant and his father before sale thereof unto sir James thynn and  also in make and confirm the tenant estate in the say premise which say estate  together with the aforesaid sale to the say sir James thynn the plaintiff be  hereby decree to confirm and to discharge the defendant his heir c of all  covenant enter into thereupon c and the say master be to appoint a time and  place for payment of what shall appear due upon payment whereof it be decree  the defendant shall reconvey the say mortgage premise unsold as aforesaid to  the plaintiff or who they shall appoint free of all encumbrance do by he and  his father or any claim by from or under the say Peter Bevis the defendant say  father the that of February car upon rehear the say Cause the say order be  confirm the Lord chancellor