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]
[FINIS]
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