The ioynt & severall answeres of Robert Barker esquier , Edward Seares Thomas Berrington | & John Drue defendants to the bill of Complaint of
Bonham Norton Esquier & John Bill Complainants.
1. The benefitt of exceptions to the uncerteinty & insufficiencye of the sayd bill of Complaint nowe & at all times hereafter to theis defendants saved for answere therevnto they saye & first the said Robert Barker |
2. for himselfe sayeth that true it is that hee this defendant beinge partner wth one John Norton esquier was truely indetted & did owe vnto John Norton vpon accompts for wch this defendant gaue his bond vnto the said John Norton the |
3. sum of three hundred pounds or thereabouts & that one of the complainants Bonham Norton as this defendant taketh it was executor or administrator vnto the sayd John Norton and thereby as this defendant taketh it the same became |
4. due vnto the said Bonham Norton and this defendant sayeth that about <fiue> yeares since this defendants eldest sonn did marry wth Sara one of the daughters of the sayd Bonham Norton at wch time the sayd Bonham Norton did promis |
5. vnto this defendant to giue vnto him the sum of eighteene <hundred> pounds wch the sayd Bonham Norton gaue order & consent to this defendant to procure and take vp at one Mr Bankeworths a scrivenor in Bowe Lane London for to paye & satisfye |
6. this defendant his sayd daughters mariage monye as afore said & twoe hundred pounds more wch the said Bonham Norton was to paye for a legacye given vnto his said daughter by the afore said John Norton her Unckle and allthough |
7. the said monye was taken vp vpon the obligacõn in the bill specified to satisffie this defendant the sayd marriage mony as afore said according to an agrement made betwixt this defendant and the said Bonham Norton yett this defendant |
8. stood bound together wth the said Bonham Norton in the sayd obligacõn wch was for the repayment of twoe thowsand pounds wth the forebearance there of at a certaine daye therein limitted & because the sayd Bonham Norton |
9. neglected the repayment of the sayd two thowsand pounds or to discharge the interest thereof this defendant did discharge the interest of the sayd twoe thousand pounds sundrye times & therefore the said Bonham Norton did |
10. agree & was contented to allowe the sayd three hundred pounds vnto this defendant towards the interest wch this defendant had disbursed and payed for the sayd twoe thousand pounds And this defendant sayeth that true it is that he |
11. this defendant did giue some securitye vnto the complainants of the mannor of tyle Tyle place in the bill specified by lease or some other conveyance the contents or certeinty where of this defendant remembereth not nor can express for |
12. that he hath lost his evidences noats & writtings wch conteine the same by casualty of fire when this defendants house & studdy were burned wherein this defendants books evidences accompts writings & noats were and this defendant sayeth |
13. that the sayd securitye of Tile place was giuen vnto the complainants but in trust vntill this defendants said sonn should be married vnto the said Bonham Nortons daughter & was afterwards to be cancelled & made voyde or to be |
14 delivered backe againe vnto this defendant or to his vse and then the complainant Norton did agree to discharge the sayd twoe thousand pounds & the other complainant John Bill promised this defendant to see the same agreement performed & that |
15. the sayd Bonham Norton should discharge the said two thousand pounds but yet not wth standing the said marriage was performed the said complainant doe still deteine the said security in their or owne of their custodyes & doe refuse to |
16. deliuer backe the said securitye vnto this defendant according to the trust & agreement as afore sayd is expressed & haue payd onely one thousand pounds thence of <as this defendant beleeveth> & as this defendant taketh it haue left the other vnpayd to vexe this |
17. defendant there wth And this defendant confesseth & sayeth that true it is that the complaints did stand likewise ioyntly & severally bounde together wth this defendant in & by one obligacõn vnto Sr William Craven Knight citizen |
18. an allderman of London since deceased in the sum of twoe thousand & fiue hundred pounds or some such like sum the date thereof this defendant remembreth not & wth condicõn therevpon indorsed for payment of the sum of |
19. one thousand and fiue hundred three score & fifteene pounds of lawefull monye of England vnto the sayd Sr William Craven his executors or assignes at a daye then to come & nowe since past for more certeintye where of this |
20. defendant referreth himselfe vnto the said bond or obligacõn & this defendant sayeth that the said complainants did become bounde in the sayd obligacon at the request & desire & for the meene debtt & cause of this defendant & this defendant for security thereof |
21. for the indempnitye & savinge harmelesse of the complainants for & concerning the sayd obligacõn & of & for the sayd three hundred pounds did make some counter bond or conveyance vnto the sayd complainants the contents or certeintye whereof |
22. this defendant doth not remember nor can certeinly expresse the contents thereof for that he hath likewise lost his writings or noats concerning the same by casualty of fire as afore sayd or by instances thereof & therefore for the more |
23. certeintye both of the securitye for the mony afore said borrowed of Sr William Craven & of the mony procured by Mr Banckworth, of the three hundred pounds afore sayd this defendant referreth himselfe vnto the evidences & writings wth as this |
24. defendant verely beleeveth & hath bin credibly informed & hopeth he shall make proofe thereof vnto this Honorable Court are or were in the complainants Bonham Nortons custodye & possession since the exhibiting of the bill of complainant unto |
25. this honorable Court & then this defendant hopeth that vpon proofe thereof this Court will be pleased to dismisse this defendant forth of this Court wth good costs & charges for this iust vniust vexacõn & for that the complainants having |
26. theire evidences & security whereby if this defendant haue not performed according to the contents thereof they or either of them as this defendant taketh it maye take <their> remedy at the common law And this defendant sayeth that |
27. for the three hundred pounds it is not satisffied by this defendant but by allowance as aforesayd & that for ought he knoweth to the contrary the said sd one thousand & fiue hundred pounds is as yett <word illegible> vnpayd vnto the sayd Sr |
28. William Craven or vnto his executors since his decease & the reason why this defendant hath neglected the payment thereof is for that hee hopeth to make it appeare vnto this honorable Court vpon a former suite comenced by this defendant |
29. in this Court against the said complainants that the said complainants are more indetted vnto this defendant & his sonn vpon accompts to be had & made for the stocke of the office of his maties printing and this defendant sayeth that he hath not |
30. payed any of the principall monies procured by Mr Bankworth for the reasons & consideracõns of marriage afore said And this defendant further sayeth that he hath graunted severall estates of the lands in the bill specified vnto |
31. the other defendants wch this defendant cannot certeinly expresse for want of the counter parts of the said graunts or leases wch he likewise lost by casualty of fire afore said & therefore this defendant verely beleeveth that the other §§ |
32. defendants can better expresse there severall estate wthout that that this defendant doth owe or is truely indebtted vnto the complainant Bonham Norton in the sum of three hundred & three scoore pounds to this defendants §§ |
33. remembrance as in the bill of complaint is expressed And this defendant Edward Staines for himselfe sayeth that about the 20th of ffebruary anno domini 1613 the defendant Robert Barker & Ann his wife by indenture |
34. did demise vnto this defendant the messuage or tenement wherein hee nowe dwelleth in Datchett in the countye of bucke & 150 acres of lands arable meadowe & pasture grounde <be> they more or lesse in the parishs of |
35. Datchett & Wrasburye & all so all & every the common of pasture and forrew to the premisses belonging for the terme of one & twentye yeares from the feast of St Michaell then last past at the yearely rent of fiftye |
36. three pounds sixe shillings & eight pence & other estate or estates in the premisses this defendant hath not nor hath made of the premisses And the defendant Thomas Berrington for himselfe sayeth that about |
37. the said 20th daye of ffebruary anno domino 1613 the said defendant & Ann his wife by indenture did likewise demise vnto this defendant the messuage or tenement wherein he this defendant dwelleth in Datchett aforesayd |
38. & 150 acres of lands arable meadowe & pasture grounde be they more or lesse in the parishes of Datchett & wrasbury & all so the common of pasture & forrein to the premisses belonginge for the tearme of one & |
39. twentye yeares from the feast of St Michaell then last past at the yearely rent of 53li 6s 8d & other estate or estates in the premisses this defendant hath not nor hath made or graunted in the premisses And the defendant |
40. John Drue or himselfe sayeth that the defendant Robert Barker hath graunted vnto this defendant by, articles of agreement indented baring date xith June <in the> 9th yeare of his <maties reigne> one messuage or tenement in Datchett afore said |
41. wherein this defendant dwelleth & 84 acres of land meadowe & pasture grounde bye estimacõn beit more or lesse lying in seuerall feilds and 35 acres of land meadowe & pasture by estimacõn be it more or lesse |
42. in Datchett <&> Stoke Vosie comonly called meos land for some of this defendants life at the yearely of 28li per annum & one quarter of sweete wheate yearely to be payd vnto the said other defendant Robert Barker & it is |
43. agreed by the same that if this defendant out live the terme of yeares wch the other defendant Robert Barker hath in meos landes & the sayd Robert Barker cannot procure a further estate therein then the said Robert Barker shall allowe vnto this |
44. defendant eleaven pounds thirteene shillings & foure pence yearely out of the residue of the lands & tenements as by the said articles of agrement further & more at large appeareth & this defendant hath one obligacõn of ?10li of the said defendants for |
45. performance of the said articles & other estate then by the sd articles this defendant hath not in any of the sd lands or premisses neither hath this defendant made any estate or estates in the same And this defendant Rowland Leake Edward |
46. Seares Thomas Berrington & John Drue saye severally for themselues saye that neither they nor either of them to their knowledge <or remembrance> are parties or any party vnto any of the sayd assurances in the bill <of complaint> specified nor haue |
47. any counterparts of the assurances in the bill specified made betweene the other defendant Robert Barker & the complainants nor knowe the contents of the said assurances & therefore as they taketh it vnder favor of this honorable |
48. Court they nor either of them ought to turne tenants vnto the sayd complainants vntill the complainants shall haue made sufficient proofe of their estates & of their recovery therein least this defendants maye be thought |
49. to combinde against the said other defendant Robert Barker and this defendant Robert Barker Rowland Leake Edward Seares Thomas Berrington & John Drue for themselues severally saye wth out that that |
50. haue combined to defraud or defeate the complainants of any the sayd mannors lands & premisses or of the rents or proffitts due & payable for the same & wthout that that the complainants to theis defendants knowledge haue |
51. entred into the sayd mannors lands & premisses to them devised by the said twoe severall indentures of lease as in the sd bill of complaint is suggested or that they are lawfully possessed thereof & wthout that that |
52. any other matter thinge or things word illegible matteriall or effectuall in the Court in the sayd bill of complaint conteined to be answered vnto by theis defendants & not herein & hereby sufficiently answered confessed & avoyded word illegible |
53. traversed or denied is true to the knowledge of theis defendants All wch matters theis defendants are & wilbe ready to averr iustefye mainetaine & proue as this honorable Court shall awarde & therefore they most humbly |
54. praye to be henceforth dismissed wth their reasonable Costs & charges in this behalfe most wrongfully & wthout iust cause susteined.
Wm Tayler
[signature illegible]
[FINIS]
|
