The Answere of Bonham Norton Esquier defendant, |
to the Bill of Complaynt of Robert Barker Esquier Complainant |
1. The said defendant by protestacõn not acknowledging or confessing any thing in the said bill of Complaynt contayned to be good Iust & true in such sorte manner & forme As the same is therein sett forth & alleadged other then such as is herein [3 words illegible] |
2. to be good iust & true saith That the said bill of complaint in the materiall poyntes thereof is very vntrue & is (as this defendant taketh it) contryved & exhibited by the said Complainant against this defendant rather of malice & sett purpose [2 words illegible] |
3. this defendant & to putt him to vnnecessary charges & expences in the lawe otherwise then for any good cause or Iust ground of sute, Neuerthelesse this defendant
saving vnto himself now & att all tymes hereafter all advantages & benefite of [2 words illegible] |
4. incerteinties & insufficiencies of the said bill of complaint for answere vnto so much thereof as materiall concerneth him this defendant answereth & saith That true it is as this defendant verily beleeueth That the said Complainant about a yere last past [word illegible] |
5. seited in his demeasne as of ffee of & in the Mannor or cheefe Mansion howse of Tyle place also Tyles place also Mannor of Tyles place wth thappurtennances in the bill mencõned as in the said bill of complaint is sett forth & declared [2 words illegible] |
6. That the said Complainant was then possessed for diuerse yeres yett enduring of & in the Mannor of Hallowford also Halforde wth thappurtennances in the bill mencõned Howbeit this defendant saith that the said Complainant as this defendant verily beleeueth was the [word illegible] |
7. lawfully possessed thereof for diuerse yeres then & yett enduring And this defendant further saith That the said Complainant being as this defendant taketh it so thereof possesssed & this defendant att the request & for the only debt of the said [word illegible] |
8. standing ioyntly & seuerally bound wth him the said Complainant (amongst other obligacõns to other persons) by one obligacõn bearing date the thirteenth day of october in the twelueth yere of the Kings Mats reigne that now is vnto [word illegible] |
9. Plomer Citizen & Marchaunt tayllor of London in three hundred pounds wch Condicõn therevpon endorsed for the true payment of two hundred & ten poundes to the said Edmond Plomer his executors administrators or assignes [3 words illegible] |
10. day of Aprill next ensuing the dates of the said obligacõn & by one other obligacõn bearing date the Second day of Nouember in the said twelueth yere of his Mates reigne vnto Thomas Browne gent an three hundred pounds [word illegible] |
11. for the payment of twoe hundred & ten poundes fto the said Thomas Browne on the ffiveth day of May next ensuing the date of the said last mencõned Obligacõn hee the said Complainant by one Indenture bearing date the [word illegible] |
12. November in the said twelueth yere of this Mates reigne did for the security Indempnity & discharge of this defendant of for & concerning the said twoo obligacõns & other obligacõns in the said Indenture mencõned & all [word illegible] |
13. money therein & in the Condicõns thereof seuerally mencõned contayned or ?specifeid & fully & cleerely graunt bargayne sell alien assigne & sett ouer vnto this defendant his executors & assignes the said Mannor of Hallowford also Halforde |
14. appurtennances & all the estate & estates rights titles Interests vse possessõn rents reuersion & reuercõns clayme terme & termes of yeres then to come & demand whatsoeuer of him the said Complainant of in & to the same In wch Indenture now [word illegible] |
15. proviso or Condicõn to this effect vizt That if the said Complainant should pay (amongst other sommes & other persons) to the said Edmond Plomer the full somme of twoe hundred hundred & ten poundes on the said ffifteenth day of April the [word illegible] |
16. & also to the said Thomas Browne the full somme of twoe hundred & ten poundes on the saide ffiveth day of May then also next comying According to the seuerall tenors purporth & true meanings of the Condicõn & Condicõns of [word illegible] |
17. Obligacõns respectiuely And in full discharge of the same seuerall Obligacõns & euery of them & of all somme & sommes of money in them & in the Condicõns of them & euery of them seuerally mencõned contayned or specifeid And wth [2 words illegible] |
18. afor in the payment of the said seuerall sommes of twoe hundred & ten poundes or of any of them or of any part or parcell of them or of any of them contrary to the forme afforesaid That then the said Indentures should be void or ?discharged [word illegible] |
19. remayne & abide in full force strength & vertue absolute without any Condicõn Anything in the said Indenture contayned to the contrary thereof in any wise notwthstanding As by the same Indentures [word illegible] |
20. therein contayned wherevnto this defendant for the more certeinty thereof referreth himself more att large appeareth And this defendant further saith that the said Complainant did not pay to the said Edmond Plomer & Gerrard ?or ?to |
21. either of them the said seuerallsommes of twoe hundred & ten poundes a peece or either of them or any part thereof att the seuerall daies mencõned in the said prouiso or Condicõn or att any tyme sithence By reason whereof the said [2 words illegible] |
22. this defendant taketh it became absolute & this defendant by vertue thereof absolutely possessed of the said Mannor & other the premisses thereby graunted & assigned to this defendant as aforesaid Howbeit the said Complainant still receaued the [3 words illegible] |
23. the same Mannor & premisses And this defendant further saith that in or about the Moneth of November 1619 he being absolutely possessed of the said Mannor & premisses as aforesaid the said Complainant agreed That if this defendant would become bound wth [3 words illegible] |
24. hundred poundes more That then the Complainant would cause one Robert Sharpe tenant of the said Mannor & premisses to attorne & become tenant vnto this defendant And that then also the said Complainant should forthwith sufficiently assure [2 words illegible] |
25. the aforesaid Mannor of Tyle place for this defendants securitie Indempnity & discharge aswell of the said moneyes due to the said Plomer & Browne by vertue of the said Obligacõns also of the said sixe hundred pounds [2 words illegible] |
26. defendant should become bound wth him as aforesaid Hee this defendant giving the said Complainant a Covenant or defeazaunce that if the said Complainant payd the said sommes of money due to the said Plomer & Browne & the said sixe hundred pounds [3 words illegible] |
27. should become bound wth him as aforesaid & thereof discharged this defendant That then this defendant should reconvey the said Mannor of Tyle place & other lands by him to be assured asaforesaid as also the said Mannor of Hallowford also ?Halforde |
28. & other the premisses whereof this defendant was possessed as aforesaid And therevpon this defendant att the request & for the only debt of the said Complainant & as his surety became bound wth him the said Complainant for the said sixe hundred poundes [word illegible] |
29. hereafter expressed vizt by one obligacõn bearing date the fiue & twentieth daie of Nouember 1619 vnto Sebastian Harvey Knight Citizen & Alderman of London in fiue hundred poundes wth Condicõn endorsed for the [3 words illegible] |
30. hundred & fifteene poundes on the seauen & twentith day of may next ensuing the date of the same obligacõn & by one other obligacõn bearing date the Nyne & twentith day of November 1619 to Dame [2 words illegible] |
31. wydowe in sixe hundred poundes wth Condicõn endorsed for the payment of three hundred & fifteene poundes on the first day of June next ensuing the date of the same obligacõn As by the same obligacõn & [3 words illegible] |
32. this defendant also for more certeinty referreth himself more att large appeareth But this defendant saith that the said Complainant did not according to the said agreement assure to this defendant the said Mannor of Tyle Place [word illegible] |
33. lands aforemencõned Neither did he pay the said sommes of money due to the said Plomer & Browne as aforesaid Nor the said sommes of money due to the said Sr Sebastian Garbey & Lady ?Swynerton [4 words illegible] |
34. Nor discharge this defendant of or from the same But this defendant to his great losse & hinderance was enforced to pay or giue securitie & satisfaccõn for the same sommes & euery of them & for diuerse other sommes <of money> growen due for [2 words] |
35. forbearance thereof And therevpon this defendant tooke vpp all the bondes wherein the said Complainant & this defendant were bound for the same to the seuerall persons before named & hath all of the same bonds ready to shewe to this |
36. hoble Courte whereby the said Complainant is thereof discharged Neuerthelesse the said Complainant did still receaue the rents & proffitts of the said Mannors & premisses Howbeit this defendant thereupon sealed a [2 words illegible] |
37. the tytle of the said Mannor of Hallowford also Halford & caused an accõn concerning the same to be brought att the commen lawe And therevpon the said Robert Sharpe exhibited his bill of Complaint in this Courte ?before |
38. this defendants proceedinge att the commen lawe & thereby putt this defendant to great charges Yett neuerthelesse this defendant so farre proceeded in his said suite att the commen lawe as that the same was ready for a tryall & should ?then |
39. byne tryed before the Lord cheefe Iustice of the Kinges Benche in the County of Middelsex in the end or shortly after Trinity terme last But after this defendant had to his great charges feed & instructed his Councell & the cause was to be |
40. tryed wthin twoe howers yt was then by the Mediacõn of Sr Henry ffynch Knight his Maty Serueant att lawe of Councell wth the said Complainant or the said Sharpe & Sr John Walter Knight the princes Attorney of Councell wth this defendants agreement |
41. betweene the said Complainant & this defendant that this defendant should forbeare his tryall att that tyme And for such moneyes as this defendant had payd for the said Complainant (being allowed vse & consideracõn for the forbearaunce thereof) should give |
42. the said Complainant some reasonable tyme for the repayment thereof to this defendant And that this defendant for his securitie of repayment therof accordingly should haue sufficiently & perfectly assured vnto him the said Mannor of |
43. Tyle place & the said Mannor of Hallowforde also Halforde And accordingly this defendant forbare his tryall att that tyme in hope that the said Complainant would haue assured the said Mannors to this defendant according to the ?said ?agreement |
44. But the said Complainant delayed & refused to doe the same Insomuch as this defendant to his great charges was enforced agayne to procure the said Cause to be appoynted to be tryed att the Kinges Bench barre in ?Westminster |
45. the end of Michaelmas terme last. Shortly before wch tyme so appoynted for such tryall the said Complainant did then consent to seale the said assurances vnto this defendant So as this defendant would giue him tyme for there payment of ?the ?said |
46. moneyes vntill the seuenteenth day of March then next following wch this defendant yealded vnto, And therevpon this defendant deliuered vnto the said Complainant an Accompt or Note in wryting & made it appeare vnto him [2 words illegible] |
47. defendant had payd for the debt of the said Complainant the said fower seuerall sommes of twoe hundred & ten pounds & twoe hundred & ten poundes & three hundred & fifteene pounds & three hundred & fifteene pounds in all the sommes of one thousand & [2 words illegible] |
48. & that the vse & consideracõn of the said one thowsand pounds payd by this defendant & due for the same from the tyme that the same was payd by this defendant vntill the said seauenteenth day of March amounted to twoe hundred forty & fiue pounds [word illegible] |
49. & the Interest of the said fiftie pounds & other vse moneyes paid by this defendant for the said one thowsand pounds amounted to the somme of eight & thirty pounds more or thereabouts And that this defendant had [4 words illegible] |
50. of lawe concerning the said Mannor of Halloweford also Halforde & premisses the somme of twenty pounds more or thereabouts All wch said sommes doe amount vnto one thowsand three hundred fiftie & twoe poundes or thereabouts [word illegible] |
51. said Complainant ought in all right & equitie to haue paid & satisfied the same vnto this defendant But the said Complainant would not allowe thereof or consent to seale the said assuranuces vnlesse this defendant would [word illegible] |
52. of twelue hundred poundes wch this defendant for quietnesse sake & to avoyd further suite & troubles was content to doe, Soe as this defendant lost by the Complainant in that Reckoning the somme of one hundred & fiftie pounds or |
53. thereaboutes And therevpon the said Complainant did by one Indenture Baring date the Nyne & twentith daie of November now last past bargayne sell demise & graunt vnto this defendant the said Mannor of Tyle place [word illegible] |
54. terme of thirty yeres then next following if the said Complainant should so long liue In wch Indentures one prouiso that if the said Complainant should pay vnto this defendant his executors administrators or assignes the somme of [word illegible] |
55. hundred poundes on the seauententh day of March then next ensuing & nowe last past That then the said bargayne sale ?drauft & graunt to be voyd As by the same Indenture wheerevnto this defendant for the more certeinty referreth |
56. himself more att large appeareth And therevpon also the said Complainant for the better assuring of the said Mannor [3 words illegible] of Halloweforde also Halforde vnto this defendant did cause the said Robert Sharpe being ?now of the |
57. Mannor [word illegible] ?attorne [word illegible] vnto this defendant Whereupon this defendant by one other Indenture bearing date the said Nyne & twentyith day of Nouember now last past did vnder the promise & Condicõn in the same Indenture expresse [2 word illegible] |
58. sell reassure & sett ouer vnto the said Complainant the said Mannor of Hallowfordes Halforde & all this defendants estate terme & demaund of in & to the same In wch Indenture also is one prouiso or Condicõn to this effect vizt that of the said [word illegible] |
59. should not pay vnto this defendant his executors administrator assignes the full somme of eight hundred pounds on the seauenteenth day of March then next ensuing & now last past That then the same Indenture & the graunt bargayne [word illegible] |
60. & reassignemt thereby made to be vtterly void & of none effect Anything whatsoeuer to the contrary thereof in any wise notwthstanding As by the same Indenture wherevnto this defendant also for the more certeinty thereof referreth himself [2 words illegible] |
61. also appeareth And this defendant further saith that the said Complainant or any other on his behalf did not pay the said seuerall sommes of foure hundred poundes & eight hundred poundes or either of them or any part or parcell of them or either of them or their said seruants [word illegible] |
62. of March now last past or att any tyme before or since By reason whereof as this defendant taketh it the said Indenture made & by the said Complainant vnto this defendant of the said Mannor of Tyle place as aforesaid is become absolute and the said Indenture [word illegible] |
63. defendant vnto the said Complainant of the said Mannor of Hallowford also Halforde as aforesaid as become void & this defendant by meanes thereof as he taketh it is become absolutely possessed of the said seuerall Mannors & premisses And the [4 words illegible] |
64. [word illegible] seauenteenth day of March now last past sealed [word illegible] of Attorney to Thomas Talbott this defendants seruant & sent him to enter vpon the said Mannors & lands & to demaund & receaue of the tenants thereof their rents [4 words illegible] |
65. of the blessed virgin Mary now last past And the said Talbott (as he hath told this defendant ) did accordingly enter vpon the said Mannors & landes & demaund the said rents But as he likewise told this defendant some of the said tenants servaunts [3 words illegible] |
66. some answered that the said Complainant had receaued of them & gotten into his hands the same rents long since & before the same were due So as this defendants said seruant could not gett or receaue any rent of the said Tenants [4 words illegible] |
67. the said Complainant to make or seale any condiconall lease or assurance vpon any trust confidence or otherwise other then as aforesaid And this defendant confesseth that there hath diuerse great & weighty dealings formerly & past [5 words illegible] |
68. ?And with this that the moneyes for wch this defendant stood engaged wth the said Complainant are truely paid or satisffied by this defendant as before in this defendants answere is sett forth & declared And this defendant saieth that true it is that [7 words illegible] |
69. ?this assignee was quietly & peaceably to haue hould & enioy the said Mannors lands & premisses wth thappertenances vntill the said seauenteenth day of March now last past & vntill default should happen to be made of the said [6 words illegible] |
70. [word illegible] same leases & assurances whereunto this defendant for the more certeinty thereof referreth himself appeareth And this defendant saith That the said Complainant did accordingly enioy the said Mannors lands & premisses for ought this defendant knoweth to the contrary howbeit [6 words illegible] |
71. [2 words illegible] permitt & suffer this defendant to receaue or that this defendant did receaue diuerse or any sommes of money wch did growe due vnto the said Complainant or any money att all due or belonging to the said Complanant Or that the said Complainant [6 words illegible] |
72. [word illegible] or satisfied to this defendant any somme or sommes of money att all for or towards the payment of the said seuerall sommes of fower hundred pounds & eight hundred pounds or either of them Or that the said Complainant entreated this defendant wth any money [6 words illegible] |
73. [word illegible] engagements all or any somme or sommes of money due to this defendant from the said Complainant As in the said bill is vntruely surmised And therevpon this defendant saieth that true it is that this defendant doth disquiett & Interrupt the said Complainant [5 words illegible] |
74. [2 words illegible] of the premisses & challengeth the said Mannors & premisses as his owne & giueth out that he hath an absolute estate thereof & that the same are forfite vnto this defendant for the nonpayment of the said xiith as lawfull for this [5 words illegible] |
75. [2 words illegible] that he hath now in his hands any deede evidences lettres patents leases or wrytinge touching or concerning the said Mannors & premisses to this defendants knowledge Howbeit this defendant confesseth it to be true that he had diuerse [3 words illegible] |
76. [2 words illegible] concerning the premisses in his hands But this defendant did heretofore deliuer the same vnto Joyce Norton this defendants Neece for security of payment of the porcõn of Lucie Wright daughter in lawe of the said ?Joyce ?being lately [2 words illegible] |
77. [2 words illegible] for this defendant to doe as he hopeth the porcõn lost the said Lucie being due & payable by & from this defendant And this defendant deneth that he doth thirst or desire to gett or obteyne the Complainants said Mannors & landes wthout any law [3 words illegible] |
78. [2 words illegible] gyuen or to be giuen the same As in the said Bill is vntruely surmysed ffor this defendant conceaueth that the said Mannors & landes (for so long tyme as this defendant is to hould the same by the said assurances) are not [3 words illegible] |
79. more than the said ?xiiC li due to this defendant as aforesaid Neuerthelesse (for the satisfaccon of this Hoble Courte touchinge the Compltainants complaynt in that behalf) this defendant saieth that if the said Complainant will pay this defendant the [2 words illegible] |
80. poundes with damages for the forberance hereof wthin some short tyme (for this defendants occasions be such as he cannot forbeare the same any long tyme) That then this defendant will reassure the said Mannor lands & premisses [4 words illegible] |
81. And therefore if the said Complainant shall refuse to doe the same This defendant hopeth this Hoble Courte will not releeue the said Complainant concerning the premisses but dismisse this defendant And this defendant denyeth that he hath made diuerse or any entries [word illegble] |
82. the said Mannors lands & premisses or secrettly ?vntruely or otherwise made or contryved diuerseor any secrett <or> fraudulent[word illegible] estates of & in the said Mannors lands & premisses or any entries or estates att all otherwise than as aforesaid ?Howbeit |
83. this defendant confesseth that he doth labor & endeauor to perswade & inforce the said Complainants tenants & farmers to pay the rents now due to this defendant as lawfull is for him to doe as he hopeth Neither that that the same is contrary to [word illegible] |
84. equitie & good conscience As in the said bill is vntruely surmised And wthout that that any other matter or thing in the said bill of complaint contayned materiall or effectuall in the lawe to be answered vnto by this defendant & [2 words illegible] |
85. not sufficiently answered vnto confessed & avoyded trauersed or denyed as true All wch matters & things this defendant is ready to averre & proue as this hoble Courte shall acorrde & humbly prayeth to be hence out dismissed wth his costs [word illegible] |
86. behalfe wrongfully sustayned.
[Endorsed:] [illegible]
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