Difference between revisions of "C 6/130/5 f.2"

Latest revision as of 11:42, April 18, 2015

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The Joynt and Severall Answeares of Edward Clovill and Edward Basse two of the defts

to the Bill of Commplte of Tobell Aylmer Commplte

The said defts say and either of them for themselfe sayth that the Bill of Commplt Exhibited against them in this honourable Co:rt is uncerteyne and insufficient in the Law to bee Answered unto and the matters therein Conteyned untrue And//

XXXXXX therein Contrived more of purpose to put these defts to trouble and expences in Law then for any good or iust cause as they conceive Neverthelesse If these defts shall bee compelled by this honourable Co:rt to make any further Answeares All and all//

manner of advantage of Excepconns to the manifest and apparant Impositonns and uncerteintyes in the said Bill of Complaynt to them these defts now and at all tymes hereafter saved and reserved ffor a full and psent Answeare//

to the said Bill of Complte And for a full and hpsent declarcon of the trewth They theis defts doo ioyntly and severally say as followeth And the said Edward Clovell for himselfe sayt That hee beleeveth that it may//

bee true that hee did in or about the tyme in the Bill of Complte menconned say that hee had occasion to use a considerable summe of money And that hee was indebted to severall psons in severall SXXXXX//

of money and that hee had a desire to dischardge them And that hee had a good Estate in the Manno:r of West Hannfeild and other lands thereunto belonging during life and not otherwise But doth not knowe//

or remember that he desired the Complte to lend him Three hundred pounds And denyeth that hee made any promise to him to ?discharge himselfe from all other psons as in the Bill is alleadged or that hee//

[did promisse the Complte that (this phrase has been struck through by the original scribe)] But doth confesse that hee did promise to make the Complte a lease of his said mansion house in Westhamfeild and other Lands for the secureing and repaym:t of such moneyes as//

the Complte should lend unto him this deft And sayth that hee doth not remember that hee in consideracon thereof did promise the complte to satisfy and dischardg all such Judgm:ts Statutes and other//

Incumbrances that ought make the said Lands and Tenemt lyable or chardged with his this defts debts as by the said Bill is untrewly suggested But this deft sayth That true it is That the complaynante//

did contract with him this deft for a Lease of the said Capitall Messuage and Lands thereunto belonging for the Tearme of ffifteene yeeres for the secureing of such money as the complaynant//

p:rtended was oweing unto him by this defendt And that hee should lend unto him this defendt with covenant or provisoe therein to bee inserted That upon paymt thereof such Lease to be voyd//

And this defent sayth that in puruance of that contract hee did in or about the tyme in the Bill menconned demise grannt bargaine and sell to the complte All that Capitall Messuage or//

mansion house comonly called Clovell Hall with the appurtenances in the pish of Westhnnfeild And all that land called the Parke belonging to the said Manno:r and lyeing and being in Westhannfeild To have//

and to hould unto the complte and his Assignes from the feast day of the Nativity of S:t John Baptist in the Bill of Complte menconned for the Tearme of ffifteene yeares then next ensueing with a provisoe//

covenant or condicon in the said Indenture conteyned that if this deft did satisfy and pay unto the now complte his executors or assignes the summe of ffifty pounds yearels evey yeare dureing the tyme and Tearme of//

seaven yeares then the said Lease of ffifteene yeares to be voyd As by the said Indenture of Lease If the same may be produced To which for more certeinty this defendt referreth himselfe It will more playnely//

appeare And this defendt saith That hee beleeveth That it is expressed by the said deed that it was made uppon the consideracon of the summe of Three hundred pounds But this defendt sayth that hee//

never receaved any such summe neither was made upon any other consideracon than is in his Answeares hereafter is set forth vidlt A Bill of Reckoning upon Accompt for Seventy pounds p:rtended//

to bee layd out and disbursed and parte done by the complte for him this defte And the summe of Threescore pounds by him likewise p:rtended to bee due unto him for Interest And payd by him to this defendt//

at or about the tyme the summe of Threescore and ffifteene pounds and threescore pounds of that money this deft did leave and deposite in the hands of M:r John Rigden the Complts Attorney for the dischardging of//

Judgments And the compltes accompt for growing Interest of that money dureing the sd seaven yeares soe much as did make up the same the Summe of three hundred pounds And this deft sayth That it was then//

agreed to by the complte with this defte That hee this deft should possesse and enioy the said Messuage and Parke and proffitt of all the demised premisses for the Tearme of seaven yeares this deft sayth That it was then//

unto the complte the summe of ffifty pounds yearely according to the condicon or covenant in the said Indenture And it was to have beene expressed in the said Indenture If it bee not but beleeve it is But for//

the more certeinty this defendt referreth himselfe to the said Indenture And that by vertue of such Agreement and by and with the Consent of the Complte hee did keepe the possession of the said Capitall Messuage//

Parke and demised Lands And did not by Indirect meanes deteyne the possession thereof As by the said Bill is ??presently suggested And this defendt sayth That hee did satisfy and pay for the first halfe yeare of the//

beginning of the said Lease the summe of twenty and five pounds And dureing the tyme that this defendt did keepe the possession hee the complt had payd unto him by Thomas Whitehead twenty pounds by this//

defendts appoyntm:t And twenty pounds foorth of S:r Richard ?Everards money And ffifty pound payd unto him by John Adley Merchant All which summes were payd by this defts appoyntm:t for and toward//

the satisffaccon of the said ffifty pounds a yeare dureing the said seaven yeares And for the Summe of One Hundred pounds against him and XXXXXXXXXXXXXX

Suggested links

See C 6/130/5 f.1 (Bill of complaint of Tobell Aylmer, to which C 6/130/5 f.2 is the answer)

See biographical profile of Tobell Aylmer