Roek Churche vs. William Tweddy esq. and Margaret his wife; claim by will.

PRO C2/Eliz/C17/31

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PRO summary: Lands in Maldon and Woodham, held by John Churche, plaintiff's father, deceased, under a lease from the earl of Oxford.

NB: Margaret Greene by marriage became first Margaret Church, then Margaret Twidy.

NB: The right sides of these sheets have fallen away through decay, with the resulting loss of approximately 13 words per line; similarly with a triangular piece on the left side, resulting in the loss of varying amounts of text. Text printed in bold is supplied from the Chancery (court-hand) copy of the original complaint (C2/Eliz/C17/31/2); text printed in italic is supplied from elsewhere in the file, for example, from answers or rejoinders.

PRO C2/Eliz/C17/31/1 (complaint)

Vicesimo s{e}c{un}do Ianuarij 1599 [=22 January 1600]

To the Right honorable S{i}r Thomas Egerton Knight Lord Keeper of the great seall of England

Complayneinge sheweth [[vn]]to yo{u}r good Lordshipp yo{u}r Lordshipps daily orato{u}r Rock Churche of yo{u}r Ma{ies}ties Citty of London ^\\gentleman// That whear as Iohn Churche late of Malden [[in the countie of Essex]]

esquier deceased late father to yo{u}r said orato{u}r was in his liefe tyme lawfully possessed for the tearme of divers years yet endureing or lately ended and expired of in and vppon one greate Close or feild lyinge in Malden aforesaid

in the said County of Essex called fryers feilde ^\\and of twoe little groues or woods cauled by the name or names of greate Morelande & little Morelande lyinge in or by the Parishe of Woodeham Mortimer in the Countie of Essex aforesaid// and of in [vpon] and vppon divers other [.] land{es} and tenement{es} of the yearly value [and] of Cli or therabout{es} [[_______by a]] graunte to his father thereof made

in writeing frome the Right Honorable the late earle of Oxe^\\n//ford deceased whoe was therof lawfully seised in fee or of some [of] other estate of Inheritaunce [[_______by]]

his last will and testament in writeing written in his liefe tyme and by the same he did geve and bequeathe the said feilde called fryers feilde with thapp[[urtenances]] and all other the land{es} menc{i}oned before to be

demised by the said Earle of oxford vnto Margaret Churche than his wiefe and mother of yo{u}r said orato{u}r vntill such tyme as yo{u}r said Orator should be of full age of one and twentye yeares for the better educaton and bringinge vp

of yo{u}r said orato{u}r and of one ffrauncis Churche daughter of the said Iohn Churche and sister of yo{u}r said orato{u}r And the said Iohn Churche by the said will did will and appoynte that your said Orator at his

full age of xxj years should enter to the ^\\said// p{re}misses and should haue the same to his owne vse for all the residue of the said tearme w{hi}ch than should be to co[[me _______]] the saide Iohn Churche

^\\by will// did geve [the p{re}misses] to yo{u}r orato{u}r divers other thing{es} of good value as yo{u}r said orato{u}r hathe of late bene Credibly enformed but by what word{es} the said Iohn Churche did geue the p{re}misses [[But what]]

thing{es} wear geven to him by the said will besyd{es} the said lease yo{u}r orato{u}r knoweth not because he never saw the said will but he saith that the true intenc{i}on and meaninge of the said Iohn Churche

was that yo{u}r said orato{u}r should haue the said p{re}misses when he came to full age of xxj years for all the tearme of yeares w{hi}ch than wear to com[[e therein And the said Iohn Churche did make Rock Greene

and the said Margaret his wiefe and one Iohn Cockerell executo{u}rs of his said will and dyed about xxxvjth years agoe possessed of the said feild [[___________]]

^\\divers other// good{es} and Chattells of great value the same lease being of the yearly value aforesaid And att the tyme of the deathe of the said Iohn Churche there was xxxv yeares to come in the said lease at the

Least yo{u}r said orato{u}r at the tyme of his fathers deathe being a very younge infant that is to say of the age of halfe a year or theirabout{es} and no elder so as he coulde not then knowe nor longe

after vnderstand what benefitt he had by the said will nor the certainty of the said lease And shortly after the death of the said Iohn [[Churche ____________ his widow the said Margaret]] did espouse

mary and take to husband one Will{ia}m [Twentty] ^\\Twedye// gentleman And they two being marryed and havinge in their or the one of their hand custodie and possession [[of]] the said will and the Inden[[ture]]

[[______]]rde of the p{re}misses vnto the father of the said Iohn Churche very vnconscionably to the end to defeat yo{u}r said orato{u}r of the said p{re}misses and of his lawfull intrest in the same, and to

obscure his title and such benefitt as was to come to him by the said Indenture and will and to enrich themselves w{i}th th[[_____________]]

the said Iohn Churche and of his said will was ment and Intended to be [vn]to yo{u}r said orato{u}r att his full age he haveing none to doo for him or to loke to his right did

suppresse burne or teare the said will and would not prove the same nor make the same nor the said Indenture or lease ^\\knowne// vnto yo{u}r said Orator When he came to yeres of discrec{i}on

nor at any other tyme nor to any others of his freind{es} but cancelled the same whearby yo{u}r said orato{u}r at his full age of xxj years did ve[[_____________]]

[[_____________ was]] not geven the p{re}misses nor any other thing of any great value or moment vnto him and so he did not enquire of his ffathers will not what was lefte to your said Orator by

the deathe of the said Iohn Churche neyther did yo{u}r said orato{u}r know of the said Legacy or bequest of the said tearme given to him as is said nor of any other legacies in the said will to him

geven or bequeathed but was ignorante theirof vntill of late that he was tolde therof by some of his good freind{es} who had intelligence or knowledge thereof [[_____________]]

Will{ia}m Twedye came vnto yo{u}r said orato{u}r being than newly come to his full age of xxj years and told yo{u}r said orato{u}r that he was to pay to him the Som{m}e of Cli but he did not tell your Orator [[_______]]

[[_____]] due vnto him neyther did yo{u}r said orato{u}r knowe any matter whearfore he should pay the same vnto him but thought his ffather had lefte to to be geven to your said Orator And

the said Will{ia}m Twedy did pay vnto yo{u}r said orato{u}r the some of Cli in money and Requested yo{u}r said orato{u}r vpon the [Receipte] \\receit// therof to make vnto him and the said Margarett his wiefe an acquittance or release for the same, which

your said Orator agreed to doe And the said Will{ia}m Twidy very vnconscionably vpon payment of the said Cli did draw on yo{u}r said orato{u}r being then in want and [[_______]]

[[_____]] w{i}thout knowing of the said will nor of the bequest aforesaide to seall vnto him or them such a Release as shoulde in gen{er}all word{es} therein to be Contayned / extinguish his right and tytle

in and to the said lease and p{re}misses and other legacies geven to him being better worthe then [to] 2000li with w{hi}ch he was never before acquainted [w{i}th] and theirvpon the said Will{ia}m Twedye and Margaret his

said wife, or the said Will{ia}m alone w{i}th the Consent and privity of the said Margaret did cause a release to be drawne and ingrossed vpp whearin is Contayned [[_____________]]

[[_____]] word{es} as in extremity of law doe extend to a release vnto them of all yo{u}r orato{u}r interest in the p{re}misses and thing{es} to him given by will as is said the w{hi}ch and all the p{ro}fitt{es} therof belonginge to

yo{u}r said orato{u}r the said Twidy and his said wiefe did take and Converte to their owne vses and that Release soe drawne and ingrossed vpp as is said the said Will{ia}m Twedy & the said Margaret or

the said Will{ia}m w{i}th the Consent and privity of his said wiefe showed vnto yo{u}r said orato{u}r who than was and long before had bene very barely mantayned by the said William [[Twedy _______]]

nother that by Reason theirof he was in great want and Requested yo{u}r said orato{u}r to seall and as his dede to deliu{er} the same [to the vse] vnto them or vnto the vse of them bothe W{hi}ch

yo{u}r said orato{u}r very simply and playnely did, not thinking that he than had any interest in the p{re}misses nor in any other thing of any value left to him by the death of his said ffather neyther

suspect any practyse or deceipt to be vsed to him therin neyther did he thinke that the Release or acquittance was for any other matter or thing but onely soe much [[money as]]

the said Will{ia}m Twidy paide to him as is said for that ^\\in// the same yo{u}r orato{u}rs Right to the said lease was not menc{i}oned nor soe much as spoken of eyther att or before thensealinge thereof So as your Orator did n[[_____]]

and looke to the same as otherwyse he [hath] ^\\would haue// done yf he had knowne of the p{re}misses bequeathed to him by his said father as is said or that such word{es} menc{i}oning the said lease had therein bene contayned And now

the said Will{ia}m Twidy and Margaret his said wiefe vnderstanding that yo{u}r orato{u}r doth know that his late father bequeathed vnto him all the tearme of yeares w{hi}ch [[_______]] said lease att his full

age of xxj yeares and the said other thing{es} do give out in speaches that by the said release yo{u}r said orato{u}r hathe released vnto them all the estate Right title and [[_______]]

and thing{es} given to him as is saide by gen{er}all word{es} w{hi}ch are contayned in the said release w{hi}ch yf yt be true yo{u}r orato{u}r was greatly abvsed and wronged by the said Will{ia}m Twidye and Margaret his

wiefe whome yo{u}r said orato{u}r specially trusted the one of them being his owne naturall mother and the other his father in law for that he never intended nor vnd[[erstood[?]]] any such matter neyther would haue

done soe yf he had knowne [yf he had knowne] he had any Right to the said ferme for 2000li And for that the said Will{ia}m Twidy and Margaret his said wie[[fe_______]]

said Indenture or graunt frome yo{u}r said orato{u}r soe that he could never come to see the same so as he certainly knoweth not frome what earle of Oxford the same was graunted nor wheather the terme thereby

graunted be expired and ended or noe nor what wear the other thing{es} w{hi}ch wear given to him by the will but he thinketh that in the said lease their was xv yeares or therabouts to expire at w{hi}ch tyme as your said Orator came to his full age of

xxj yeares and those xv years in all Right and equity and by the true meaning of the said Iohn Churche and of the said will did app{ur}tane and belong vnto yo{u}r said orato{u}r and he ought to haue & none but he or his assignes but

the said Will{ia}m Twidy and Margaret his said wief by suppressing or makeing away of the said will and Concealing of the said Indenture tooke the p{ro}fitt{es} theirof during all the said [[_______]]

worth Cli or theirabout{es} dureing the said tearme all charges deducted w{hi}ch amount{es} in all to 1500li for the said xv yeares w{hi}ch said some of 1500li the said Will{ia}m Twidy & Margare[[t his said wife _______]]

aunswer and pay vnto yo{u}r said orato{u}r and the said supposed release ought not to barr or any way hinder yo{u}r said orato{u}r for the demaunding or haveing of the said some in equity the same beinge p{ro}cured by sinister meanes as is said and w{i}thout

any Considerac{i}on for the same or other Considerac{i}on att all given or paide vnto him but onely the said Cli w{hi}ch was paid to yo{u}r orato{u}r but for what matter the same was payed he knewe not but onely that it was done to him

as by the gifte of his owne father. The w{hi}ch doeing{es} of the said Will{ia}m Twidy and Margaret his said wiefe, are not onely against all Right equity and good Consc[[ience _______]] & vndoing of your said

orato{u}r for ever yf he be not Releved in equity in this honorable courte touching the p{re}misses In tender Considerac{i}on whearof and for [such] ^\\so muche// as the said Iohn [[Churche _______]]

the tearme of yeares w{hi}ch should be to come in the said lease att his full age of xxjti yeares and divers other thing{es} and for soe much as the said Will{ia}m Twidy & Margarett his said wife did suppresse burie teare or otherwise

did make away the saide will and did not prove nor publish the same but conceled and [def] kept the same secret frome yo{u}r said orato{u}r soe [[_______]] thereof vntil of late & for soo muche as the said

Release whearby they goe about to barr yo{u}r orato{u}r of the p{re}misses was by vndue meanes p{ro}cured as is said And so he hopeth the same shall in[[_______]]

for soe much as yo{u}r said orato{u}r hathe noe Remedy touching the p{re}misses by the Course of the Comon law and yet great cause to releve him in equit[[ie _______]]

thinketh that the said Will{ia}m Twidy and Margaret his ^\\said// wiefe being called into this honorable courte to aunswear the p{re}misses will vppon thei[[r _______]] Confesse the trueth of the p{re}misses Maye it therefore

please yo{u}r good lordshipp to grant vnto yo{u}r orato{u}r the Queenes ma{ies}ties most gracious writt of subpena to be directed to the said Wil[[l{ia}m Twidy and Margaret his said wiefe]]

and eyther of them att a certaine day and vnder a certaine paine therin by yo{u}r honor to be limitted and appointed to be and p{er}sonally appeare before your good lo{rdshi}pp in her ma{ies}t{ies} high Courte of

Chancery att Westm{inster} then and their to aunswer the p{re}misses and to bring into that courte the said release or aquittance w{i}th the said lease of [[_______]] confessed of & to sett

downe vpon their othes what was the true effect or substance of the said will and what legacyes or thing{es} wear therby given to yo{u}r said orator & what benifitt in Conscience he was [[___]]

by the true meaning of the said Iohn Churche and what is become of the said will and fully to aunswer to all other the p{ar}t{es} of this bill and to disclose the trueth conc{er}ninge the said lease & will & other

thing{es} belonging to yo{u}r said orato{u}r by the death of his said father and to stand to such further order and direction touching the p{re}misses as to yo{u}r good L[[ordshipp _______]]

and yo{u}r said orato{u}r shall daily pray vnto god for yo{u}r hono{u}r in healthe and happines long to Continue

PRO C2/Eliz/C17/31/2 (answer)

The Ioynte and seuerall Answeres of Will{ia}m Tweddy Esq{uie}r and Margaret his wyffe defendant{es} to the Bill of Complainte of Rouke Church gent' Complainant

The said defendant{es} by protestac{i}on sayen that the said Bill of complaynt againste them exhibited in this honorable Court is very I[[nsufficient ________________]]

for many app{ar}ant Incerteynties therein contayned And framed and devysed as theise defend{ants} think of sett purpose to vex the said defend{ants} [[_______]]

decayed and therefore Can hardly Call to remembrance thing{es} done soe many yeres past having now layen a sleepe almost for the space of f[[ifteen yeres ____________]]

poynt{es} thereof very false and slanderous And w{i}thout that due regard that becomes the duety of a sonne toward{es} his naturall mother The [[_______]]

thereof to theise defendant{es} att all tymes hereafter saved The said defendant{es} for full answere to the said Bill sayen And first the said M[[argarett saith that _______ Iohn Church in]]

the said bill of Complaint named somtymes husband to this defend{an}t And father to the said compl{ainan}t was in his lyf tyme possessed of a lea[[se _______]]

for and duringe such lyke terme so in the said Bill of Complaint is menc{i}oned beinge then to the said Iohn Church not aboue the Cleare yerely [[____________]]

this defendaunt doth remember beinge then in ffarme by vertue of a leas before mad [=made] at that rente and soe Contynuinge leased at that ren[[t _______]]

Church dyed possessed thereof as shee taketh it And not of any other leas in his owne right to the knowledge of this defendant And also [[_______]]

diu{er}s moveable good{es} and Chattell{es} amountinge in the whole to the value of one hundred and twenty poundes or there about{es} as she remembreth [[I_______]]

Iohn Church stood Chardged to pay to dyv{er}s of the creditors of one Iohn Church gent' father of the said Iohn Church this defendant{es} son[[ne _______]]

m{ar}k{es} or thereabout{es} and to twoe of his sist{er}s beinge daught{er}s of the said Iohn Church the fath{er} the so{m}me of two hundred m{ar}k{es} all w{hi}ch was due [[_______]]

said husband by vertue of the last will and testament of the said Iohn Church the father and also the said two daughters weare to be Ans[[_______]]

of the said last will of the said Iohn Churche the father dyv{er}s p{ar}ticular Legacies of plate beddinge and oth{er} ## good{es} to [[_______]]

nor Cam here p{ar}ticularly and expressedlye set downe in regard she hath not the said last will in her Custodye havinge deliu{er}ed the same [[_______]]

for the more certeynty of her Answere in all and every thinge touchinge or Concerning the said will she doth referr her self to the [[_______]]

[[after]] the decesse of her said husband there was found in the house where he dyed amongste a nomber of wast and voyd pap{er}s a writinge [[_______]]

[[in w{hi}ch wri]]tinge there were named executors one Rooke Greene Esq{ui}r{e} this defendant{es} father this defendant and one Iohn Cockre[[ll_______]]

[[_____]] certainly knoweth not nether doth or Could any other to her knowledge for that the said writing was soo Interli[[ned blotted and defaced that yt Could not be p{er}fectlye redd]]

[[_____]] there was som obscure menc{i}on made therein of a legacie of xxli to be given to the Complaynant Nor [[_______]]

[[_____]] this defendant thinketh did as she hath heard for that purpose vse all meanes he Lawfully might for the ef[[_______]]

[[_____]] thereof as she remembreth the same was not p{ro}ved ^\\att// all Nevertheles for as much as yf the same [[_____]]

[[_____]] the Complaynant in regard of the slender estate that the said Iohn Churche the sonne dyed possessed of And [[_____]]

[[_____]] to his sist{er}s and other persons as aforesaid be syd{es} his owne debt{es} wherevnto all the p{re}misses weare lyable [[_______]]

[[_____]] very yonge. And the said defendant{es} being in Co{m}municac{i}on of Maryadg togeth{e}r the said Margret owt of the [[_______]]

[[_____]] Complaynant and his syster her two Children w{hi}ch she then had by the said Iohn Churche by the advice and Counsell of the said [[_______]]

[[_____]] had Maryadge w{i}th the said defendant Will{ia}m Tweddye p{ro}cure the same defendant Will{ia}m Tweddye in Considerac{i}on and full satis[[faccion_______]]

[[_____]] Complainant should Clayme out of the said leas good{es} and Chattell{es} to giue securytye for ther payment to the said Complaynaunt [[____ one]]

and twenty yeres and to his said syster at her Coming to her age of eighteene as they remember to eyther of them the some of one [[_______]]

money And in the meane tyme ^\\to// giue to the said Complaynant convenient Mayntenance and educac{i}on o{r} ell{es} the so{m}me of eight pound{es} [[_______]]

giue Mayntenance to his said syster vntill her said age w{hi}ch so{m}me of one hundred pound{es} secured to be paid ^\\to// the Complaynant was [[_______]]

grow to the Complainant by the said ^\\writing// as they thinke. And the said defendant{es} further sayen that they did thervpon take l{ett}rs of Administrac{i}on [[_______]]

of all the good{es} and Chattell{es} of the said Iohn Church husband to the said Margret & hereupon also he the said Will{ia}m [[Tweddy _______]]

Iohn Churche the father and to the said twoe syst{er}s of the said Iohn Churche the sonne to eyther of them in the so{m}me of one hundred [[_______]]

satisfie to them their said perticuler legacies of plate beddinge & other good{es} acording to the purpose of the last Will and testam[[ent_______]]

father And did also pay [a] the debt{es} of the said Iohn Church the sonne and did also giue education and Maintenance to the said Com[[plainant and his sister/s in such]]

sorte and Manner as he did to his owne Children w{hi}ch was such as was fitting and agreable to the degree and Caling of [[_______]]

or near their said severall ages did well and truely pay vnto eyther of them ye so{m}me of one hundred pound{es} in full satisfaction as is [[_______]]

to the said Complaynant was the same hund{red} pound{es} paid by the said defend{an}t Will{ia}m Tweddy to the said Complainant [[_______]]

of the said Will{ia}m Tweddy ^\\he// did Co{m}mit to one ffreeman as he now rememb{re}th the taking of a releas of the said Complaynaunt [[_______]]

w{hi}ch was effected and was resonable and fitt that the said Complaynant should doe in regard that ye same some of one hund{re}d pounds [[_______]]

greater benyfitt then could any way redound to him by any will his said father could make or that ye whole estate of his s[[_______]]

(The said so{m}mes of money and legacyes due by him as is aforesaid deducted and allowed) W{i}thout that ye said Iohn Churche was in his liefe tyme lawfully possessed of in and vppon one greate Close or feild lyinge in Malden aforesaid called fryers feilde and of twoe

little groues or woode{s} caled by ye name o{r} names of great Moreland and little Moreland in the parish of Woodham Mortymer in [[______]] and of in and vppon divers other land{es} and tenement{es}

of the Clear yerely value of one hundred pound{es} by graunt from the Earle of Oxenford in the said Bill named [[_______]]

in such manner & forme as in the said bill of Compl{ain}t is vntruly suggested Or that the said Iohn Churche to the [[knowledge of _______ did in his last]]

will and testament in writing giue and bequeath any Remaynder of yeres in the said feild Caled fryers feilde with thappurtenances and all other the land{es} menc{i}oned before to

be demysed by the said Earle of Oxenford and diu{er}s oth{er} thing{es} of good value to the said Compl{ainan}t in such m[[anner and forme ____________]]

o{r} that ye true Intenc{i}on of the said Iohn Church ye sonne to the Certeine knoledg of theise defend{ants} was that yo{u}r said orato{u}r should haue the said p{re}misses

menc{i}oned when he should Com to ye full age of one & twenty yeres o{r} that he the said Iohn Church dyed possessed of the said tearme [[_______]]

any such value o{r} in such manner & fo{u}rme as in the said bill of complaint is very vntruely surmised or on any [[_______]]

forth & declared to the kowledge [=knowledge] of theise defend{ants} And w{i}thout y{a}t the said defend{ants} o{r} either of them being [[_______]]

the said p{re}tended will very vnconsionablye to the end to defeat the Complainant of the said p{re}misses and [[_______]]

tytle & such benefitt as was to Com to him by the said Indenture & will & to Inrich theymselves w{i}th y{a}t that was [[_______]] the said Iohn Churche

and if the said Will was meant and Intended to the Complaynant at his full age did suppresse burne or teare [[_______]]

Indenture in such mann{er} & forme as in the said Bill of Complaint is very vntruely surmysed And w{i}thout y{a}t ye manno{u}r [[_______]]

was any waye knowne to theise defend{ants} was at the Cumming of the said Complaynant to his full age of one & twenty yeres did [[_______]]

was concealed & hidden from the said Complaynant by the said defend{ants} o{r} that they had any such Intent & purpose as in the s[[aid bill of Complaynant_______is untruly]]

surmysed, and w{i}thout y{a}t ye said complaynant at the tyme of the payment of the said hund{re}d pound{es} to him was ^\\as they suppose// Ignorant how [[_____]]

his said father had left it to be given to him in such Mann{er} and fo{ur}me as in the said bill of Complaynt is vntruely alledged [[_______ Will{ia}m]]

Tweddy did very vnconscionablye vpon the payment of the said hundred pound{es} draw on the said Complaynant being in W[[____]] orator being then in [[_______]]

seale to him a releas w{i}th gen{er}all wo{ur}d{es} to extinguish his tytle and right to the said lease and premisses being bett{er} worth then [[___________]]

the said Bill of Complaynt very slanderously and vntruely all[[e]]dged for the said defendant William Tweddy to his [[...]] ^\\___// br[[__________]]

making of the said releas but the same was done and p{ro}cured by one ffreeman as he verylie thinketh for & on the behalf of [[__________]]

as ^\\is// before in their answer truely set fo{ur}th and declared, And w{i}thout that the said Complaynant was very barely mantayned by the said William Twedy [[________]]

and brought vp in vertue and learning as other of the Children of theise defend{antes} weare and in such sorte as might haue [[_________]]

the said Complaynant was Ignorant of the Content{es} of the said releas o{r} did not know that the same was meant and Intended [[_________]]

said defend{ants} should be discharged of all demaund{es} by the said Complainant And without that the said defend{ants} doe much relye v[[pon ______]]

or tytle of the Complaynant to the said leas for that the said Complainant hath noe Collor for the Reasons aforesaid ethe[[r ___________]]

the said leas o{r} good{es} o{r} that ye said complaynant was ^\\in// any wayse abused o{r} wronged by the said defend{ants} in obteyninge the said [[__________]]

in the said defend{ants} o{r} that he neu{er} meant o{r} Intended any such matter [[in]] such manno{ur} and forme as in the said Bill of Complaynt [[________]]

that the said leas made of the p{re}misses called fryers feild was made by one Iohn de Veere Erle of Oxenford bearing date [[____________]]

the late king Henry the eight and was made for forty yeres as they remember W{i}thout that there was fyfteene yeres [[__________]]

[[__________]] till age of one and twenty yeres as they think o{r} that the same fyfteene yeres are in all[?] yeres [[_____________]]

P{re}dict{i} defend' Will{ielmu}m et Margret{a} Iurat{i} fuer{unt} xiij Marcij 1599 cora{m} nobis Roger{i} Bramstoon (2x) Ioh{anni} Pamero[?]

PRO C2/Eliz/C17/31/5 (replication)

The Replicac{i}on of Rooke Churche gent' Compl{ainan}t vnto the ioynte and seu{er}all answers of Will{ia}m Twiddye gent' and Margarett his wife defend{an}t{es}

The saide Complainant replyeth and saiethe That the said bill of Complaynt by him exhibited into htis moste hon{or}able Co{ur}t is very true Certeine and suffi[[cient _______________]]

answered vnto And that the matters therein Conteyned are not framed and devised by the saide Complainant of purpose to vex the saide defendant{es} or for any such Causes as [[_______]]

vntrulye alledged But the same is grounden vppon good true and iuste cause As by the Content{es} thereof readye to be proved vnto this moste hon{or}able Co{ur}t by the [[_______]]

appeare And further replyeth and saithe that the answere of the saide def{endants} is vntrue vncerteine and insufficiente in the lawe to be replyed vnto The [[_______]]

wherevnto at all tymes hereafter to this Compl{ainan}t saved The saide Compl{ainan}t for further replicac{i}on saiethe That he doth and will averr iustifye mainteyne and [[_______]]

moste hon{or}able Co{ur}t all and eu{er}ye matter and thinge in his said bill of Compl{ain}t Conteyned to be true in such mann{er} and forme as therein they be sett for[[th _______]]

replyeth and saiethe That the aforesaide ffeilde Called ffryers feild in the bill and answere named Conteyneth one p{ar}cell of grounde in yt Calle[[d _______]]

othere Called the Harpe and other land{es} all demised by and vnder the said name of ffryers feilde by the lease menc{i}oned in the saide bill and answ[[ere _______]]

amounte vnto the Cleere yearelye valewe of one hundred pound{es} p{er} Ann{um} w{i}thout that that the saide land{es} in the saide answere sett forthe [[_______]]

and the land{es} demised as aforesaide vnder that name are not aboue the Cleere yearelye valewe of xxxli as in the saide answere is vntru[[ly alledged _______ And]]

w{i}thout that that the saide Iohn Churche the grandfather dyed possessed in his owne righte of the said ffeild and of no{n}ne othere and of good{es} an[[d _______]]

whole to the some of one hundred and twentye pound{es} or that the lease of the premisses stoode Chardged to paye to diu{er}se of the Credditor{es} [[_______ Iohn]]

Churche father of this Compl{ainan}t in the saide answere named the some of one hundred mark{es} and to two of the sisters of this Compl{ainan}t{es} father the so{m}m[[e _______]]

mark{es} due and payable at the deathe of the saide Iohn Churche the grandfather as in the saide answere is vntrulye alledged And the said [[_______]]

Replyethe and saiethe That after the deathe of his saide ffather theire was founde and in the presence of diu{er}se theire was published such or the [[_______ as in the]]

[[said]] Bill of Compl{ain}t is sett forthe and that the Compl{ainan}t oughte thereby to have such benefitte aswell by the remaynder of the saide lease of [[_______]]

[[_____]] otherwise as in the saide bill is sett forthe And for further testimonye that the same shoulde be soe this Comp[[lainant ____]]

[[_____]]es aftir the deathe of the saide Iohn Churche father of the Compl{ainan}t and the marriage of the said Margarett w{i}th [[_______]]

[[_____ a]]ll[?] leases made and sealed betweene the saide Will{ia}m Twiddye and his wife of the one p{ar}tye and Rooke Greene [[_______]]

[[_____w]]herin was menc{i}oned and speciallye recited the aforesaide will spoken of in the saide Bill together w{i}th those [[_______]]

[[_____]] pound{es} at his full age and for the givinge him mayntena{un}ce of eighte pound{es} p{er} Ann{um} vntill that tyme and of his [[_______]]

[[_____]] and convenyente mayntenance vntill that tyme as in the said answere is sett forthe pretendinge therby the same [[_______]]

[[_____]] of the Compl{ainan}t{es} fathers good{es} and to have byn the Considerac{i}on of their takinge of the same w{hi}ch is moste vntrewe as [[_______]]

[[_____to]] theise Def{endan}t{es} doth appeare Soe his the saide def{endant} Cannot be soe ignorante as they make themself{es} in theire said answere [[_______]]

[[_____]] ma[[......]]ed was made and what should be the Content{es} thereof w{i}thout that that theire was founde amongest A nomber of [[_______]]

[[_____]] purportinge A will w{hi}ch was int{er}lyned blotted and defaced that yt Could not be p{er}fectlye redd as in the saide answere is [[most vntruely surmised_______]]

[[_____]] as the saide Rooke Greene intendinge to make proof thereof Could not for that yt was not p{er}fectlye to be redd or anye good service [[_______]]

[[_____]] that A little good would have Com{m}en to the Compl{ainan}t by provinge thereof And w{i}thout that that the aforesaid som{m}es of money granted [[_______]]

[[_____]] the saide def{endan}t in the saide answere menc{i}oned were greater or of more valewe then should or would have Come to the Compl{ainan}t by the will of [[_______]]

[[_____]] for this Replyant saieth that by the intent of his said fathers will theire is and ought of righte to be dewe vnto him the some of twenty hundred pound{es} [[_______]]

[[_____]] when he Came to his full age whereof the saide def{endan}t have by the release in the bill menc{i}oned gotten and procured by such vndewe meanes as therein is [[_______]]

labored and indevored themself{es} to debarr the plaintife of And w{i}thout that that the said administrac{i}on taken by the saide def{endan}t of the good{es} of the [[_______]]

father was taken vppon anye such considerac{i}on as in the saide answere is vntrulye menc{i}oned Or that the saide def{endan}t did paye the legacies and p{er}forme the true [[_______]]

and meaninge of the last will of the saide Iohn Churche the grandfather as in the said answere is vntrulye sett forthe Or that theire was anye such [[______]]

by the saide def{endan}t{es} at theire marriage and vppon the saide administrac{i}on taken by them for the Compl{ainan}t and his sister for theire mainten{au}nc{es} and the payement [[_______]]

them of the somes before specified at the tymes likewise before remembred as in the saide answere moste vutrulye is alledged ffor that the saide Care [[________]]

indeede rathere was a Care for themself grewe sixe yeares after the saide administrac{i}on out of some doubte belike they had to be Called in questyon [[_______]]

aforsaide will of the father of the Compl{ainan}t As by the agreement{es} before menc{i}oned to have byn made by Indent{ure}s betweene the saide def{endan}t{es} and the [[_______]]

Rooke Greene maye fullye and plainelye appeare And w{i}thout that that theire is anye othere matter or thing in the saide answere Conteyned [[_______]]

and Concerninge this Compl{ainan}t materiall and effectuall in the lawe to be replyed vnto and therein not sufficientlye denyed avoided trau{er}sed or [[_______]]

replyed vnto To the presente remembraunce of this Compl{ainan}t is true All w{hi}ch matters this Compl{ainan}t is readye to averr mainteyne and proue as this [[_______]]

honerable Co{ur}t shall awarde And prayethe as before in his saide bill of Compl{ain}t he hath prayed./ [[_______]]

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