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Contents Page > Chancery Petition: Bonham Norton And John Bill v. Robert Barker (1619) > (3) The Demurrer of Robert Barker et. al.
 

C2/JASI/N4/57   [IMAGE]

 

CHANCERY PETITION: BONHAM NORTON AND JOHN BILL v. ROBERT BARKER  •  DOWNLOAD PETITION (PDF 240 KB)

 

(3) The Demurrer of Robert Barker

 

 

The demurrer of Robert Barker Esquier Edwarde Sares, Thomas Berrington,

John Drewe, | & Rowland Leake defendants to the bill of complaint of

Bonham Norton & John Bill complainants.

 

1.  The sayd defendants and either of them making protestacõn & not any wayes confessing anything in the sayd bill of complaint conteined |

2.  to be true in such manner & forme as in the same it is there by sett forth & declared doe further saye that the same are alltogether |

3.  devised & contrived of malice or sett purpose to putt the sayd defendants to wrongfull vexacõn greate trouble & expences in the law |

4.  in followinge of the same as they are probably induced to thinke & wthout any just ground or reasonable cause by them given |

5.  vnto the said complainants so to doe in wch respecte and for as much as it evidently appeareth by the complainants owne shewing & setting forth that |

6.  the cheifest cause of their complaint is that for the want of their indentures wch they suppose to be lost they haue noe wayes to compell |

7.  the defendant Robert Barker to acknoweledge a fine according to the covenants in one of the said indentures as in the bill of complaint is |

8.  sett forth and in their sayd bill of complaint they sett forth that the said Robert Barker did purchase the said lands & tenements (of wch |

9.  the complainants suggest they should haue a fine as in the bill is sett forth) of Edward Morly of the Inner temple London gent: & |

10.  Katherine his wife to him the said defendant Robert Barker & his heires wch doth sufficiently inable the said defendant to graunt or make a |

11.  lease of the same for any terme wthout any fine Allso the complainants in their bill sett forth the contents of their seuerall houses soe |

12.  largely & amply that it appeareth thereby that they haue their said leases or had them when they caused their bill of Complaint to be |

13.  drawen & exhibited against theis defendants by wch the said complainants haue their remedy at the common lawe against theis defendants and |

14.  every of them wch theis defendants are ready to averr & maintaine & for as much as it eveden[t]ly appeareth by the said bill of complaint that |

15.  if the sayd complainants allegacõns were true in such manner & forme as in the said bill they are sett forth & declared as theis defendants verely |

16.  thinke & are surely perswaded they are not the sayd complainants haue good remedy & ought to sue for the same by waye of accõn at & by |

17.  the common lawe of this realme & not in this honorable court as this defendants & either of them take it Wherefore & for the causes afore |

18.  sayd & for divers apparant imperfections & insufficiencies in the said bill of complaint conteyned the said defendants & either of them doe |

19.  demurr in lawe & demaund iudgment whether they shall make any further answere vnto the said insufficient bill of complaint |

20.  & doe further praye to be demissed out of his this honorable Court wth their Costs & Charges in this behalfe wrongfully & wthout |

21.  iust cause susteined.                                               

Wm Tayler

                                    ?Clapham [name illegible]

 

 

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