MRP: C6/133/9 f. 3
C6/133/9 f. 3
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Transcription
//XXXX July 1652//
//The Answer of Robert Raworth Esq one of the Def:dts to the Bill of Comp:lt of S:r William Monson Kn:t//
//viscount Monson of Castlemagne Comp:lt//
//The said def:t saving to him selfe now and att all tymes hereafter all advantages and benefitts of excepcon to all and any the incertentyes in insufficiencies of and in the said Bill of Comp:lt//
//conteyned for answer unto soe much thereof as any way concerneth him this def:t to make answer unto, hee saith, true is that the said Comp:lt haveing as hee affirmed, occasion//
//to use the summe of One Thousand Seaven hundred poundes, and having, as it seemeth, heard that S:r Thomas ffetherly kn:t in the said Bill named Committee or Guardian to the//
//right ho:ble Phillipp Viscount Strangford had a considerable summe of money of the said Viscounts in his hands, entrusted this def:t to aske the said S:r Thomas, if hee would//
//lend the same uppon good security by way of mortgage, which this def:t accordingly did, and the said S:r Thomas told him, hee had about One Thousand ffive hundred pounds//
//of the said Viscount Strangfords money to dispose of, and that hee would dispose thereof, uppon good security by way of mortgage or to that effect, whereuppon this def:t//
//told the said S:r Thomas, the said Comp:lt earnestly desired to have one Thousand seaven hundred pounds, And if the said S:r Thomas had not more than the said One thousand//
//ffive hundred pounds this def:t would lend the other Two hundred pounds to make upp the said One Thousand seaven hundred pounds and would either be ioyned in the mortgage//
//or have some declaracon made that Two hundred pounds of the said One Thousand seaven hundred pounds was his this def.ts money, or else hee would lend the said Two hundred pounds to the said S:r Thomas//
//uppon personal security, that for the compl:t if his security was good, might bee supplyed with the said whole summe of One Thousand seaven hundred pounds, whereuppon the said S:r Thomas//
//att first told this def:t that his this def:ts said Two hundred pounds should bee secured by the security to bee given to the ffifteene hundred pounds, and the same security should bee given//
//for both or to that effect, And wished this def:t as being of Councell for the said Viscount Strangford to speake with the said Comp:lt and know what security hee would give for the said One Thousand//
//Seaven hundred pounds, And saith that the said Comp:lt offered to give security out of and by the said Mano:r and p:rmisses in the Bill menttoned, w:ch this def:t conceeived to bee good, and acquainted the said//
//S:r Thomas ffotherley therewith, and hee approved thereof, And thereuppon the said S:r Thomas ffotherley afterwards resolveing to give this def:t psonall security for his said Two hundred//
//pounds, it was agreed betweene the said Comp:lt and the said S:r Thomas ffotherley that for the secureing of the said One Thousand Seaven hundred pounds w:th Interest XX damaages//
//after the rate of seaven pounds for one hundred by the yeare, the said Comp:lt and such others as were interressed and possessed of the Manno:r Messuages and Lands in the Bill
//menttoned demised by the late right hon:ble John Earle of Peterburgh to dame ffrances Temple wydow, in the said Bill named, for the terme of ffourescore and Nyneteene yeares or thereabouts//
//should grannt and assigne ??for the Lease of the said Manno:r and p:rmisses (except certen woodgroundes) to certen psons nominated in trust for the said viscount Strangford, And should alsoe assigne over to them//
//the Statute of Six Thousand pounds in the Bill mencconed entered into by the said Earle of Peterburgh to the said Dame ffrances Temple, And theneuppon true it is, as this defd:t taketh it//
//That the said Comp:lt and the Lady ffrances viscountesse Monson then his wife S:r Thomas Alston Edward Alston and John Alson Esq:rs in the said Bill named did by Indenture lease XXXXXXX//
//about the tyme in the Bill mencconed, in consideracon of the sume of one Thousand seaven hund pounds therein mencconed, grannt assigne and sett over unto the said S:r Thomas ffotherley and XXX defend:t whose name XXXX S:r Tho: ffotherley XXXXX//
//him this defd:t to ??incent in the assurance) the said Manno:r Messuages Lands and p:rmisses (except as therein is menconed to be expressed), And all theire and any of theire estate and Interest in the//
//p:rmisses for and during the residue of the said terme of yeares then to come, And true it is alsoe as this defd:t saieth , that the said Edward Alston and John Alston//
//did by the said Indenture grannt and assigne over the said Statute to the said S:r Thomas ffothersley & to this defd:t with and under such a prvisoe or condicon and such covenants and agreem:ts as by the sd//
//Indenture to which this defd:t, for certenly, in XXX p:rmisses referres himselfe may appeare, And this defd:t saith, that as hee remembreth there was a deed drawne and ingrossed whereby Edward//
//Alston Doctor in Physicke and William Blomsfeild in the said Bill named in whom this defd:t conceived the Inheritance of the p:rmisses was should convey the same to John ffothersley, and Thomas AXXXX//
//Esq:rs in the said Bill named and theire heires for the further security of the said One Thousand Seaven hundred pounds and Interest or damages amounting to One Thousand Eight hundred ffourescore//
//and Nyneteene pounds in the Bill menttoned uppon condicon to bee voyd upon paym:t thereof, And taketh it, the said Doctor Alston alone sealed and delivered the same & not the sd M:r Blomefeild//
//as the sd comp:lt ?pmissed hee should doe, but beleeveth not any estate passes thereby for want of some execuson of the said last menttoned ?deed, And saith that hee this defd:t haveing paid//
//the said Three hundred pounds, the said S:r Thomas ffotherley and John ffotherley became bound to this defd:t in one obligacon of ffoure hundred pounds condittoned to pay the said Twoe//
//hundred pounds with damages in or about the end of six moneths, as by the said obligacon and condicon to which this defd:t for certenty referreth himselfe, if it bee pduced may//
//and will appeare, And the said S:r Thomas dyeing before paym:t thereof, the said John ffotherley payd to this defd:t the said Two hundred and Seaven pounds as this defd:t//
//remembreth the summe, in satisfaccon of the said obligacon, and this defd:t thereuppon delivered the same to him, And saith true it is as this defd:t taketh it that uppon or about the//
//tyme of the sealeing and executeing of the sd Indenture the said Comp:lt or this defd:t by his direccon, did deliver to the said S:r Thomas ffotherley the said originall Lease and//
//Statute and some other Deeds and Evidences concerneing the said Manno:r and p:rmisses the pticulars whereof this defd:t cannot sett forth, the same not beinge in his custody, And this defd:t beleeveth it to be true, that the said S:r//
//Thomas ffotherley made his last Will and Testament in writeing, and thereof made the said John ffotherley Executo:r as by the same to which this def:t for certenty therein referreth himselfe may appeare, & shortly after dyed//
//And beleiveth y:e sd John ffotherley hath provd the said will & taken uppon him the possession thereof and possessed himselfe of the sd Lease Statute & writeinge (Or,s) , & yet hath yet same as this def:t beleiveth, And this def:t saith true//
//it is, as hee taketh it that the said Comp:lt and the said other psons XXayled in paym:t of the said One Thousand Eight hundred and Nyneteene pounds according to the said provisoe or condicon, And there uppon by ??direccon from the//
//right ho:ble the Earle of Leycester as Guardian to the right ho:ble the Lord Viscount Strangford (the said S:r Thomas ffotherley being dead and the estate in Lawe XXXXXing to this def:t) ?hercaused severall Entryes to bee made uppon//
//the Mano:r and p:rmisses or pte thereof, & sealed severall Leases of Eiectm:t with Lres of Attorney to bee delivered on the ?Land(?s) (to w:ch for certenty hee referrs himselfe thereby to XXXXX the possession of the p:rmisses, as hee conceiveth//
//hee was obliged in discharge of his trust to doe, And saith, hee claymeth noe estate or interest in the sd Manno:r and prmisses, but in trust only, will bee ready to make such ??reconveyance & assurance of the sd Lease of the said//
//Mano:rs p:rmisses as this ho:ble Court shall direct him for ?doeing thereof he may bee ?pteted by this ho:ble Court & be allowed his costs & charges, without that, that any other matter or thing in the sd Bill of Comp:lt conteyned materiall//
//or effectuall in the Lawe for this defd:t to answer unto, & not herein or hereby sufficiently answered unto confessed avoyded denyed or traversed, is true in such ??fort as in the sd Bill is alledged, All w:ch things this def:t is and will//
//bee ready to averre & ??approve, as this ho:ble Court shall award, And humbly prayeth to bee hence dismissed w:th his costs and charges herein susteyned.//
//?Ja:Winstanley [bottom RH side]
Commentary
Possible primary sources
PROB 11/307 Laud 1-52 Will of Edmond [alias Edmund]Winstanley, Gentleman of Saint Andrew Holborn, Middlesex 07 June 1662
"1624 Aug. 5 fol. 819 James Winstanley, of Billing, co. Lancaster, gent."[1]
- Robert Raworth himself was admitted to Gray's Inn, July 20, 1633
"1626 Aug. 9 fol. 734 James Winstanley, of London, gent., late of the city of York"[2]
"1657-8 Feb. 6 fol. 1,143 Clement Winstanley, son and heir of James W., of Gray's Inn, Esq."[3]
PROB 11/211 Pembroke 1-54 Will of Sir Thomas Fotherley of Rickmansworth, Hertfordshire 15 January 1650 (See C6/133/9 f. 3)
PROB 11/405 Vere 93-139 Will of Sir Thomas Fotherley of Rickmansworth, Hertfordshire 04 June 1691 (See C6/133/9 f. 3)
PROB 11/357 Reeve 56-105 Will of Sir Thomas Alston of Odell, Bedfordshire 19 July 1678 (See C6/133/9 f. 3)
