Robert and Joan Vere vs. Edward Huberd

PRO C3/251/104

Return to calling page.

PRO C3/251/104/1 (complaint)

Sexto Maij 1594

To the righte honorable S{i}r Iohn Puckeringe knight Lord Keep{er} of the greate Seale of Englande

In most humble mann{er} shewe and Complayne vnto yo{u}r good Lordshippe yo{u}r humble orato{u}rs Robert Veere of Ryckelmershe in the County of Kente Esquier and Iohan his wief That whereas the right honorable Iohn Late Earle of Oxenforde deceassed brother of yo{u}r saide Orato{u}r & father of the Earle that nowe is, by his deede bearinge date the fyfte daye of Marche in the fyve & thirtith yeere of the raigne of the noble Kynge of most famous memory Henry the eighte [=5 March 1544] did Convey vnto yo{u}r saide Orato{u}r [sic] the Manno{u}rs of Kennington & Wenington and all his land{es} & tenem{en}t{es} ^\\therof// w{i}th their appurten{a}unc{es} in the County of Essex And alsoe the Manno{u}r of Shottesbrooke w{i}th the app{ur}ten{a}unc{es} in the County of Berk' To have & to holde the same vnto yo{u}r saide Orato{u}r duringe his naturall lief And if yo{u}r said Orato{u}r sholde happen to marry any wief that shoulde survive and ou{er}liue him, that then the same sholde remaine after the death of yo{u}r saide Orato{u}r to such his wief as soe sholde survive him for terme of her naturall lief for her Iointure As by the saide deede more at large doth & may appeere By force whereof yo{u}r saide Orato{u}r into the p{re}misses entred and was thereof seised in his demeane as of freeholde the one p{ar}te of w{hi}ch saide Indenture sealed w{i}th the seale of the saide Earle many yeeres remayned in the Custody of Barbara then wief of yo{u}r saide Orato{u}r & widowe of one Barinshe at a howse in ffynchingfeld in the County of Essex, w{hi}ch was the Ioynture of the saide Barbara vntill that about fowerteene yeeres paste the saide Barbara deceassed After whose decease the same & diu{er}s other writing{es} belonginge to yo{u}r Orato{u}r & then beinge in the saide howse came to the hand{es} & possession of Will{ia}m Barnishe her sonne whoe deteyned most vniustly the same Wherevpon Controu{er}sye arrisinge betwene them One Edwarde Hubberd Esqr then & nowe one of the Sixe Clerk{es} of yo{u}r Courte of Chauncery beinge wholly advaunced by the nowe Earle of Oxford and therfore p{re}tendinge as he was bounde greatly to hono{u}r the howse of Oxford offred him self to yo{u}r Orato{u}r to become his Attorney in Chauncery for Recou{er}ye of the saide Evidenc{es} w{hi}ch yo{u}r Orato{u}r accepted And by meanes thereof the said Edwarde Hubberd as Attorney to yo{u}r said Orato{u}r obteyned into his hand{es} all the saide writing{es}, but never deliu{er}ed to yo{u}r orato{{u}r, but shortlye after earnestlye dealte w{i}th yo{u}r saide Orato{u}r then beinge a widower to marry & take to wief the sister of him the saide Edwarde nowe yo{u}r saide Oratrix, w{hi}ch by his meanes was in shorte space after effected After w{hi}ch mariage solempnized the saide Edwarde Hubberd pretendinge greate love & kyndnes to them procured yo{u}r saide Orato{u}r to Soiourne in his howse and about one quarter of a yeere next after the same, yo{u}r saide Orato{u}r fell very daungerouslye sicke in the saide howse of the saide Edwarde in soe much that yo{u}r saide Orato{u}r did not onlye dispaier of Recou{er}ie But alsoe by the extremitye of the saide sycknes was soe weakened that his Censes for the moste parte failed him that he knewe not what he did At w{hi}ch tyme the saide Edwarde Hubberd sente for one Mr Wrothe a phisic{i}on and vnderstandinge by him of the saide extremitye & daunger of yo{u}r Orato{u}rs death, Consentinge w{i}th one Will{ia}m Ayloffe then one of the Iustices of her Ma{ies}t{ies} Benche with whom the saide Edwarde had before that tyme entred into Communicac{i}on w{i}thout the privitye of yo{u}r saide Orato{u}rs for the sale of their estate And w{hi}ch saide Ailof had bought the Reu{er}c{i}on of the same premisses of the right honorable the nowe Earle of Oxenford and takeinge oppertunitye of this extremitye of sicknes to effecte his purpose p{er}swaded his saide sister that the p{re}misses were intangled & diu{er}s waies incumbred w{i}th longe leases By meanes whereof he moved & procured his said sister, yo{u}r saide Oratrix to deale earnestlie w{i}th yo{u}r said Orato{u}r to obteyne his consente to make vnto her som{m}e assuraunce for her Iointure affirminge that otherwise shee sholde be lefte wholly vnprovided The w{hi}ch to doe when the saide Edward Hubberd had soe farre effected w{i}th yo{u}r saide Orato{u}r by meanes of his saide wief as that he assented vnto their demaunde, the saide Will{ia}m Ayloff together w{i}th the said Edward Hubberd resorted vnto yo{u}r saide Orato{u}r he then beinge in very weake estate of health and altogether vnlearned & symple And by colo{u}r of makeinge the saide Assuraunce for the Iointure of yo{u}r saide Oratrix procured yo{u}r saide Orato{u}r together w{i}th his saide wief to seale & deliu{er} vnto the said Will{ia}m Ailoffe and Will{ia}m Ayloffe his sonne A deede of bergaine & sale and to make to them or one of them such other assuraunce of all the p{re}misses in the County of Essex aforesaid as by them or one of them was deivsed, whereby to take away from yo{u}r said Orato{u}rs the benefitte of their estates therein, whereas in truth the p{re}tence of the saide Edward then was, and soe was the true & simple meaninge of yo{u}r saide Orato{u}r onlye to make a sufficient Iointure for the preferment of yo{u}r saide Oratrix, and not to dispossesse or dismisse yo{u}r saide Orato{u}r of his estate duringe his owne lief. But by reason that the said Edward Hubberd p{ro}fessed from tyme to tyme soe greate & extraordinary frendshippe vnto yo{u}r said Orato{u}r & Oratrix beinge then Soiourners in his howse and reposinge all their Confidence and truste in the saide Edward Hubberd as theire moste especyall frend and by reason of the infirmitye & sicknes of yo{u}r saide Orato{u}r, yo{u}r saide Orato{u}r & Oratrix at the request of the saide Edward Hubberd Com{m}itted the makeinge of the assuraunce of the saide p{re}misses for the Iointure of yo{u}r oratrix to be made accordinge to the effecte of the deede above menc{i}oned vnto the direction of the saide Edward Hubberd wherevpon the saide Edward Hubberd p{er}swaded yo{u}r saide Orato{u}r & Oratrix to beleeve that the p{re}misses were but lyttle worth & greatly incumbred, whereas they were of very greate value and very little or nothinge at all incumbred And not only p{ro}cured yo{u}r saide Oratorix Iointure to be made for terme of yeeres and that in bare Rent out of other land{es}, wherby yt is but a Chattell & subiecte to many inconvenienc{es}, whereas his p{re}mise was and the meaninge of yo{u}r saide Orato{u}r & Oratrix alsoe was that yt sholde be made for terme of her lief as free holde. And whereas the saide Edward Hubberd was by yo{u}r saide Orato{u}rs trusted as aforesaide w{i}th the makeinge of the saide assuraunce, or at the leaste w{i}th the direction & overseeinge thereof (wherin yo{u}r saide Orato{u}rs hoped he woulde accordinge to his p{ro}mise have dealte faithfully in their behalf{es}) yet he more respectinge som{m}e private gaine to him self from the saide Ailoff{es} as yo{u}r saide Orato{u}rs by the Sequele have greate Cause to thinke then the truste in him reposed ^\\consented// w{i}thout the direction of yo{u}r saide Orato{u}r to the absolute passinge away of the saide Manno{u}rs Land{es} & Ten{emen}t{es} in Essex beinge in value worthe CCCli yeerely or more for the onlye Considerac{i}on of CCCli as he affirmeth And the yeerly Annuytie of xxxixli xjs viijd payeable to yo{u}r saide Orato{u}r Robert Veere duringe his lief over & besides the saide insufficient assuraunce for the Iointure of yo{u}r saide Oratorix after the deceasse of yo{u}r saide Orato{u}r Robert Veere, But in truthe he the saide Edward Hubberd as yo{u}r saide Orato{u}rs have good cause to thinke received of the saide Will{ia}m Ayloffe the father a farre greater Considerac{i}on for the same, the Certenty whereof he intendeth to conceale from yo{u}r saide Orato{u}rs and wholly to defraude them thereof And alsoe haveinge had in his Custodye the saide som{m}e of CCCli ever sithence the saide bargaine & Sale wolde not yeelde to yo{u}r saide Orato{u}rs the same nor any Considerac{i}on for the same vntill he was therevnto vrged by the order of the right honorable S{i}r Thomas Bromley knight then Lorde Chauncello{u}r of England, and alsoe dothe p{re}tende & hath geven owte that yo{u}r saide Orato{u}r Robert Veere hath sithence that tyme by some deede Released or discharged the saide CCCli vnto him the saide Edward Hubberde w{hi}ch yo{u}r saide Orato{u}r beinge vnlitterate & reposinge his whole truste in the saide Hubberd might p{er}haps be by him Cunningly drawne vnto Contrary to his true meaninge, and yo{u}r saide Orato{u}r hath greate Cause to feare the same in regarde of the saide other harde dealing{es} w{i}th yo{u}r saide Orato{u}rs Alsoe the saide Edwarde Hubberd knowinge yo{u}r saide Orato{u}r after the Recou{er}ye of his health to be greeved to be soe overreached for his saide land{es} for soe small a value not beinge the fowrthe p{ar}te of the value and determined to exhibite his bill of Complainte aswell against the sayde Mr Ayloffe ^\\the sonne// as the saide Edwarde Hubberd for the saide vnconscionable dealinge made request & meanes to yo{u}r Orato{u}r that he might be om{m}itted out of the saide bill of Complainte promisinge & vowinge that if he yo{u}r Orato{u}r would soe omitte him he wolde discover the whole truthe as a witnesse. To which yo{u}r Orato{u}r gevinge Credytt and meaninge further to make tryall of his dealinge because he onlye was able to disclose the whole truth of the p{re}misses, yo{u}r saide Orato{u}r & Oratrix did omitte of purpose to make the said Edward Hubberd a partye defendant together w{i}th the saide Will{ia}m Ailoffe ^\\the sonne// in their said bill of Complainte. In hope whereof yo{u}r saide Orato{u}r & Oratrix complayned only againste the saide Will{ia}m Ailoffe ^\\the sonne// as by their bill in Courte may appeere, thinkinge that the saide Edward Hubberd would have accordingly declared the directe truthe thereof, Yet notw{i}thstandinge he beinge vnwillinge as yt shoulde ^\\seeme// to make knowne the vniuste & vnconscionablenes of the saide acc{i}ons & dealing{es} answeareth not directlye vnto the moste materyall Interrogatories whereof he was examined, and in some sorte refuseth to answere at all vnto them, for that as he sayeth they doe soe much concerne himself w{hi}ch is noe p{ar}tie vnto the saide Complainte Soe that yo{u}r saide Orato{u}r dependinge wholie vpon his testimony is delayed from such remedy as the truth of the Case apperinge might in equitye be yelded to him Contrary to the promise by the saide Edward Hubberd form{er}lye passed to yo{u}r saide Orato{u}rs at or about the tyme of the exhibitinge of their bill against the saide Will{ia}m Ailoffe And for that yo{u}r saide Orato{u}rs hope that the saide Edward Hubbard will vpon his oathe in this honorable Courte discover & confesse aswell the truth of his acc{i}ons & doeing{es} in the p{re}misses as alsoe what further Considerac{i}on in readie money or othe{er}wise he the saide Edward Hubberd or any other for him or to his vse or by his appointment had or received or was or is to receive of the saide Will{ia}m Ayloffe the father or the sonne or of any other for them over & besides the saide Three hundred pound{es} & Annuyties aforesaide As alsoe whether the saide Edward Hubberd hath by any meanes p{ro}cured yo{u}r saide Orato{u}r to release vnto him or by any other Conveyaunce to passe away his interest in the saide som{m}es of three hundred pound{es} and other Considerac{i}ons as aforesaide Alsoe whereas the saide Edward shortly after the saide Mariage betwene yo{u}r saide Orato{u}r & Oratrix and not longe before havinge had conference & agreement with one Nockes for the sale of the said Manno{u}r of Shotesbrooke w{i}th thap{ur}ten{au}nc{es} in the Countye of Berk' did shortly after the saide Mariage p{er}swade yo{u}r saide Oratorix that yo{u}r saide Orato{u}r had before mariage solde the same to the saide Nockes and stood bound in three hundred poundes bonde or thereabout{es} w{hi}ch wolde be forefeited by his saide Mariage Except yo{u}r saide Oratorix wolde yeeld vppe her interest in & to the same, & the better to colo{u}r the said matter he caused Mr Thomas Nockes sonne & heire of the saide Mr Nockes to come downe as he affirmed w{i}th proces against yo{u}r said Orato{u}r for the same & therevpon p{er}swaded that yo{u}r saide Orato{u}r sholde keepe his Chamber or out of the way for feare of the saide p{ro}ces, and by often threateninge of the daunger & p{er}swadinge yo{u}r Oratorix therevnto At laste p{er}swaded her to be content w{i}th the same, and by that meanes beinge wholly put in Credite about the saide Sale, and havinge all the saide Evidence in his hand{es} p{er}swaded yo{u}r said Orato{u}rs that the value thereof was very small, and soe for som{m}e small Considerac{i}on to the sonne & daughter of yo{u}r saide Orato{u}r, but a farre greater to himself or som{m}e to the vse of him or his as yo{u}r Orato{u}rs verily beleeve p{ro}cured A Conveyaunce to be passed of the said Mannor w{i}th the app{ur}ten{a}unc{es} wherby yo{u}r said Orato{u}r or any of theirs did not receive the value of soe much as the wood{es} therevpon did amounte vnto, And afterward w{i}thout the appointment of yo{u}r said Orato{u}r deliu{er}ed all the saide Evidence & writing{es} to the saide Ailoff & Nockes to the vtter vndoeinge of yo{u}r saide Orato{u}rs Excepte in equitye they be releeved; the discou{er}ye of the truthe whereof resteth principally in his knowledge and Cannot vppon his Corporall othe be denied And for asmuch as by the meanes aforesaid yo{u}r said Orato{u}r & Oratrix are & are likely to be defeated of their seu{er}all interest{es} w{hi}ch by vertue of the saide Conveyaunce were & ought to be in them of land{es} & Tenement{es} to the value of fowre or fyve hundred pound{es} a yeere for lesse then the value of one yeeres p{ro}fytt{es} of the same w{hi}ch in all ## likelyhood the said Hubberd woulde not have byne a practizer and p{ro}curer of against his owne sister but for som{m}e greate benefytte to himself It may therefore please yo{u}r good Lordshippe in Considerac{i}on of the p{re}misses to enioyne the saide Hubberd by order of this honorable Courte or otherwise to graunte vnto yo{u}r saide Orato{u}rs her ma{ies}t{ies} moste gracious writte of Subpena to be directed to the saide Edward Hubberd Comaundinge him therby at a certeine day & vnder a c{er}teine paine therein to be lymitted to be & p{er}sonally to appeere before yo{u}r good L{ordshi}p in her ma{ies}t{ies} highe Courte of Chaunc{er}ye Then & there to answere the p{re}misses And to stand to and abide such further order & direction therein as to yo{u}r good L{ordshi}p shall seeme to stande w{i}th Equitye & good Conscience And yo{u}r saide Orato{u}rs shall ever pray to god for yo{u}r Lordshippes longe lief & increase of hono{u}r

PRO C3/251/104/2-3 (answer; two membranes pasted together; writing occurs directly over join)

NB: Abbreviation "pl" transcribed as "plainant" (not "plaintiff").

Iur{atus} vlt{im}o Maij 1594

The aunswere of Edward Huberd Esquier one of the Sixe Clerk{es} of her Ma{ies}t{ies} Highe Courte of Chauncery to the Bill of Complaint of Rob{er}t Veere Esquier and Iohane his wief Complayn{au}nt{es}

The said defend{an}t sayeth that the said bill of Complaint ys exhibited by them the said Complayn{au}nt{es} againste this defend{an}t rather of a Clamarous and Wilfull humo{u}r then for any good or iuste cause as shall appeare by reason of sondrye form{er} Complaint{es} made by the said Complayn{au}nt{es} against this defend{an}t and one Will{i}am Ayloffe Esquier for most of the same causes nowe complayned of w{hi}ch haue byne hearde and ordered thus often as followeth viz: ffirst vppon a petic{i}on exhibited by the said playntiff{es} against this def{endan}t and the said Mr Ayloff to the Lord{es} of her Ma{ies}ties most honorable p{ri}uye[?] Counsell whoe directed their honorable l{ett}res to S{i}r Will{ia}m Peryam Knighte nowe Lorde Chiefe Baron of her Ma{ies}t{ies} Courte of Exchequer and then one of her Ma{ies}t{ies} Iustic{es} of her Com{m}on pleas at Westm{inster}, entreatinge him thereby to call this defend{an}t and the said Mr Ayloff and the said [[plaintiff]] before him and to heare the Complaint{es} conteyned in the said petic{i}on Whereuppon the said L{ord} Chief Baron did in accomplishem{en}t thereof heare the said Complaint{es} at lardge beinge attended vppon w{i}th the learned Counsell in the lawes of all the said p{ar}ties, and ordered the same by sp[[..... ...]] but the same was not sett downe in writinge, for that the pl{ainan}t{es} therew{i}th were not fullye contented And after that the said pl{ainan}t{es} exhibited their petic{i}on against this def{endan}t and the said Will{ia}m Ayloffe to the Queenes most excellent Ma{ies}tie whoe recom{m}ended the same to the hearynge a[[nd ordering]] of S{i}r Thom{a}s Bromeley knight then L{ord} Chauncello{u}r of England who hearde the same fullie attended vppon w{i}th the learned Counsell in lawe of all the said p{ar}ties, and made a full order therein, w{hi}ch was by him then p{ro}nounced, but not recorded, noe Register being then present And the[[revppon]] shortelye after the said L{ord} Chauncello{u}r died. And the said plaintiff{es} not thus contented exhibitied their petic{i}on agayne to her Ma{ies}tye against this def{endan}t and the said W{illia}m Ayloff for the same causes soe hearde and before ordered as afforesaid beseechinge her Ma{ies}tie thereby to [[the]] hearinge of the same to S{i}r Christopher Hatton Knight then L{ord} Chauncello{u}r of England w{hi}ch her Ma{ies}tie accordinglye comaunded, whoe deliberatelye hearde the same beinge lykewyse attended vppon w{i}th the learned Councell of all p{ar}ties and vpon the longe and deliberate hearinge [[...]] a full and p{er}fect order in the same w{hi}ch ys entered in the Register book{es} of this honorable Courte by his Lordshipps comaundem{en}t the teno{u}r whereof ys as followethe viz: Sabb{ato}o xo die ffebruarij A{nn}o Regni Elizabethe R{egi}ne xxxo Inter Rob{er}tum Veer Ar{migerum} & Iohanna{m} vx{or}em eius {contra} Edwardu{m} Huberd Ar{migerum} & [[...]] defend{an}t{es} Ac int{er} (blank) Gryffyn {contra} p{re}d{ictum} Rob{er}t{u}m Veer & Iohanna{m} vx{or}em eius defen{an}t{es} The matter in variaunce beinge by a petic{i}on exhibited by the said Rob{er}t Veer and Iohane his wief to her Ma{ies}tie and com{m}ytted by her Ma{ies}tie to the hearinge and orderinge of the Right honorable the L{ord} Chauncello{u}r of England This daye beinge appointed for the same The said Mr Veer and his wief w{i}th Mr Wynter and others beinge of their Councell at the hearinge of the same, As also the said Mr Huberd and Mr Aylof w{i}th their learned Councell And the matter beinge longe tyme dealt [?] [[...]] ordered that whereas the said Mr Huberd and his brother stande bounde to the said W{illia}m Aylof for paym{en}t of CCCli If the said Rob{er}t Veer doe survyve his nowe wief and doe marry any other wief for the vse of w{hi}ch CCCli the said Mr Huberd hathe ever synce he had [[...]] doeth pay to the said Mr Veer xxxli yerelie and hathe alwaies paied the same quart{er}lye The said Mr Veer by his Councell made humble petic{i}on that the said Veer might haue the disposic{i}on of the said CCCli himself, Whereuvppon yt ys nowe ordered by consent of the said Mr H[[uberd]] and Mr Aylof That yf the said Rob{er}t Veer shall putt in suche good bonde w{i}th sufficient sureties suche as Mr Ayloff shall allowe of to repay backe againe the said CCCli w{i}th lyke condic{i}on and Coven{au}nt{es} for the same as the said Mr Huberd standeth bounde for the same to the said Aylof vppon suche bonde soe to be made and deliu{er}ed then the said ## Aylof to deliu{er} the said Mr Huberd ^\\his// and his brothers bonde to be cancelled And thereuppon the said Mr Huberd to make paym{en}t vnto the said Veer or to his assignes the said som{m}e of CCCli w{hi}ch yf the said Veer[[s]] wief cannot accomplishe accordinge to the true intent of this order, Then the said Edward Huberd to keepe still the said CCCli in his hand{es} soe longe as the said Mr Veer shall lyve and be vnmarryed payinge still for the vse thereof the said xxxli yerelye the same to be paid at fower vsuall feast{es} of the yere or w{i}thin xiiij dayes next after eu{er}y of the said feast{es} Soe as the said Mr Veer doe for eu{er}y paym{en}t send thither a sufficient acquit{a}unce for eu{er}y of the said quart{er}s paym{en}t And that yf the said Rob{er}t Veer shall survyve his nowe wief and marrie any other wief, That then yt shalbe lawfull for the said Rob{er}t Veer to dispose by his last wyll at his pleasure the said CCCli w{hi}ch shall then remayne in the hand{es} of the said [or] ^\\Edward// Huberd or otherwyse to be to the said Rob{er}t Veers admynistrato{u}rs But if the sa[[id Mary Veer shall outlyve her]] husband Veer that then yt ys ordered that the said Edward Huberd or his assignes shall pay w{i}thin one monethe next after decease vppon notice thereof to him gyven by he said Iohane att the Rowles Chappell the som{m}e of Clli And then [[... pay]] Cli more of the said CCCli And to deliu{er} vpp vnto the said Iohane one obligac{i}on wherein the said Iohane standeth bounde to paye the said Mr Huberd one hundred pound{es}. And as touchinge the other Lli to be disposed as hereafter in this order ys further decla[[red ...]] by the plainant{es} Councell that the Conveyaunce of the Cli p{er} annu{m} graunted by the late Iustice Aylof to the said Iohane as yt ys nowe graunted tht the same ys but a chattell reall to be altered at the disposic{i}on of the said Rob{er}t Veere one of the pl{ainan}t{es} beinge her H[[usband ...]] Councell required that the same better assurance might be made of the same by the said Mr Aylof But the said Aylof{es} Councell alleadged that his late father Iustice Aylof had made sondry conveyanc{es} and estat{es} of his land in his lief tyme to dyvers p[[... ... the said]] Aylof and his father had lykewyse made some estates of his land{es} vppon the marriage of the said W{illia}m Aylof Soe as he could not by any meanes nowe better her estate. It ys ordered by consent of the said Mr Aylof that he shall in the beginninge of Easter [[Terme ...]] Councell the said seu{er}all estates And yf yt be trewe that ys alleadged then the pl{ainan}t{es} shall stand satisfied w{i}th the Conveyaunce of the said rent of Cli a yere alreadye made. And the said L{ord} Chauncello{u}r moved the said Mr Veer that the saide Annuytye myght be [[...]] frend{es} in trust to the vuse [for vse] of the said Iohane for her lief for her better securitie w{hi}ch the said Mr Veer did assent vnto And the same shalbe hereafter ordered and p{er}formed accordingly after the p{er}vsinge of the said Mr Aylof{es} Convey{a}unc{es} And where the said [[Mr Aylof ys to]] pay yerelye vnto the said Mr Veer one yerely rent of xxxixli xvjs viijd at two termes in the yere by even porc{i}ons w{i}th a lib{er}tie of vj week{es} after eu{er}y day of paym{en}t of the same It ys nowe desired by the pl{ainantes} that the said Aylof woulde pay the same w{i}th in ten{n}e d[[aies ... after the]] day w{hi}ch the said Aylof assented to doe soe as the said Veer would send for the same to his house w{i}th a laufull acquitance for the discharge of eu{er}y half yeres rent as yt should growe dewe And where as Mr Gryffyn who hath marryed w{i}th the said Mr Veers d[[aughter ...]] that her Ma{ies}tie had also com{m}ended the hearinge and orderinge of his cause to the said L{ord} Chauncello{u}r his suyte beinge for Cli of the money in Mr Huberd{es} hand{es} after the deathe of the said Mr Veer yf yt should growe dewe to the said Iohane yf she survyved the said Mr Veer [[...]] havinge taken a l{ett}re of admynistrac{i}on of the good{es} of his wives brother Iohn Veer deceased son{n}e to the said Rob{er}t Veer w{hi}ch Cli was due and payable to the said Iohn Veer by consent of his said father before some honorable p{er}sonag{es} as by dyvers notes this day shewed furthe A[[nd to]] appeare w{i}th a lymyttac{i}on of the same Cli to the said Mr Gryffyns wief yf the said Iohn Veer shold dye before he receaved the same The said L{ord} Chauncello{u}r earnestly moved the said Mr Veere that he would assent that lli of the said money in Mr Huberd{es} hand{es} as aforesaid yf yt should happen to come to the hand{es} of the said Mr Veers wief might be assured to the said Mr Gryffyns wyef w{hi}ch the said Mr Veer refused And therefore the said L{ord} Chauncello{u}r did order that yf the said Mr Veer would refuse this his Lo{rdshipp}s moc{i}on that then the said [[...]] to be at his lib{er}tie to exhibite his bill into the Courte of Chauncery for the said Cli as he shall thinke meete And then [further] \\suche// order shalbe taken as shalbe then thought meete: And vntill the beginninge of the next terme the said Mr Veer shalbe advysed whether he wyll stand to the said L{ord} Chauncello{u}rs moc{i}on for the said Mr Gryffins cause or not, That then further order may be taken for the said lli as yt shall please his honorable L{ordship} And lastly yt ys ordered by the said L{ord} Chauncello{u}r that vpon a newe Indenture of Coven{au}nt{es} to be made to the said [[...]] said Mr Huberd aswell for the CCCli As also for the said xxxli a yere accordinge to this order taken that the said Veer and his wief doe delyu{er} vpp one other Indenture of the said Mr Huberd{es} w{hi}ch they haue for the paym{en}t of CCli of money to the said Iohane, yf she survyved [[...]] w{i}th the paym{en}t of certen rent yerely lymytted in the same Indenture to be cancelled and made voyde Whereby the said Mr Huberd may not be twyse chardged And yt ys further ordered that yf the said Mr Huberd shall pay the said Veer the said CCCli [[...]] this order That then the said Mr Huberd shalbe lefte at lybertye to take his benefytt of his obligac{i}on against the said Iohane after the death of the said Mr Veer yf she survyve, except she shall paye vnto the said Mr Huberd or to his assigns Cli [[...]] same bonde att the Rowles Chappell w{i}thin one moneth after the deathe of her said husband w{hi}ch yf she doe Then the said Mr Huberd shall take noe advantage of the said bonde but vppon paym{en}t of the said Cli as aforesaid the said bonde to be deliuered [[...]] Iohane to be cancelled w{hi}ch said order the said defend{an}t for his p{ar}te hathe truely p{er}formed touchinge suche payment{es} as be appoynted by the same and hathe byne and ^\\ys// readye to p{er}forme any other p{ar}te of the same on this defend{an}t{es} p{ar}te to be performed yf the said pl{ainan}t{es} [[...]] p{ar}t{es} will accomplishe suche thing{es} as are by them to be p{er}formed by the said order. And afterward{es} ymedyatly vppon the deathe of the said S{i}r Christopher Hatton the said pl{ainan}t{es} not satisfied as yt seemes w{i}th the travell [=travail] and order of the said late L{ord} Chauncello{u}r nor w{i}th [[...]] others as had dealt therein as afforesaid exhibited againe their petic{i}on to her Ma{ies}tie against this defend{an}t and the said W{illia}m Aylof in suche mann{er} & forme as they had before done not enforminge her Ma{ies}tie that the same cause had byn form{er}ly dealt in by the said [[...]] as afforesaid nor that his L{ordship} had made any form{er} order therein w{hi}ch petic{i}on her Ma{ies}tie comended vnto the Right honorable the L{ord} of Buckherst and S{i}r Iohn ffortescue knight whoe lykewyse hearde the said cause at lardge debated before them by the learned Councell [[...]] and findinge that the said S{i}r Christopher Hatton had made soe p{er}fect an order in the p{re}misses vppon a full hearinge as afforesaid did then affirme that they woulde not alter the said order, and wished the said Compl{aynan}t{es} to rest satisfied and contented w{i}th the said [[...]] theire hono{u}rs p{ro}mised this defend{an}t and the said Mr Aylof that they woulde fullye relate vnto her Ma{ies}tie what paynes the said last L{ord} Chauncello{u}r had form{er}ly taken therein and howe his L{ordshi}p had made a full order therein w{hi}ch they sawe no cause to alter Wherevppon [[...]] and the said W{illia}m Aylof were then humble petic{i}on{er}s to their honors that they would be pleased to move her Ma{ies}tie that they might be noe more troubled w{i}th suche Comyttm{en}t{es}, to their ^\\greate// chardg{es} but that her Ma{ies}tie would reiect the said pl{aintiffes} petic{i}ons yf they sh[[...]] after attempte the lyke suite to her Ma{ies}tie against them w{hi}ch their hono{u}rs p{ro}mised this defend{an}t and the said Mr Aylof soe to doe and their hono{u}rs did then signifie soe muche to the said pl{ainan}t{es} And after this troublesome course then taken by the said Compl{aynan}t{es} [[the said]] Compl{aynan}t{es} exhibited their byll in this honorable Courte againste the said W{illia}m Ayloff for most of the causes Complayned of and ordered before, w{hi}ch said Bill the said Mr Aylof hath aunswered and the same cause ys nowe at yssue and published readye for hearinge p{ar}[[... ... the]] said pl{ainan}t{es} served proc{es} of this defend{an}t to be examyned as a witnes betwene them and the said W{illia}m Aylof, puttinge in nyne Interrogatoryes to examyn this defend{an}t vppon whereof most of them did concerne the fact{es} of this defend{an}t and the effect or the most p{ar}te of them p[[...]] exhibited against this defend{an}t, vnto some of w{hi}ch, this defend{an}t vppon his examynac{i}on did declare that ^\\he// was not bounde to aunswere for that they did onely concerne his owne self and his owne fact{es} and were not fully p{er}tynent to the said sute betwene the said [[...]] and the said W{illia}m Aylof And yet notw{i}thstandinge [and] to satisfie and to stoppe the Clamo{u}r and the ymportunytie of the said Complayn{au}nt{es} he this defend{an}t did answere to most of those interrogatoryes his full and p{er}fect knowledge to his remember{a}unce [[...]] his owne fact{es} whatsoeu{er} as were betwene the said pl{ainan}t{es} and this defend{an}t as he this defend{an}t had hoped would haue satisfied any reasonable p{er}sons as by the same examynac{i}ons remaynynge [of record] in this honorable Courte more at large doeth and [[maie appeare]] as the said pl{ainan}t{es} haue noe iuste cause to exhibite this bill against his defend{an}te And this defend{an}te might as he is enformed demaund the iudgem{en}t of this honorable Courte whether he should be compelled to make any further aunswere after soe [[... ...]]ag{es} and examynac{i}ons and whether this Courte would hould plea or conisans of the same But because this defend{an}t would in all duetye satisfie this honorable Courte touchinge his demeano{u}r and dealinge in the p{re}misses and would be glad to stoppe the further Claims of [or by] the said Compl{aynan}t{es} and to haue some fynall end in the p{re}misses, he this defend{an}t to their vntrue and sclanderous bill aunswereth as followeth, first this defend{an}t sayeth that true yt ys he this defend{an}t hathe seene a deede or Conveya{un}ce made by the late Earle of Oxenford [[his]] deceassed brother to the said pl{ainant} purportinge the lyke matter in effect as ys conteyned in the said bill of Complaint but whether yt be of that date menc{i}oned in the said bill this defend{an}t certenlye knoweth not for this defend{an}t hathe not the said deede in his custody but [[...]] thinketh that the said pl{ainan}t{es} haue the same deede because at the last hearinge to his remembra{u}nce the same was shewed furthe by the said pl{ainan}t{es} And also this defend{an}t further saieth that true yt ys there grew suite betwene the said Compl{aynan}t{es} and one Will{ia}m Barners named in the said bill at w{hi}ch tyme one Mrs Mary Veer beinge the onely daughter of the said Rob{er}t Veer beinge then about the age of xxvj yeres and vnmarryed and a sober and discreete gentlewoman p{ro}cured her father to be after the decease of the said Barners mother his late wief at her direcc{i}on and appoyntm{en}t and by her meanes and her frend{es} as this defendant thinketh he was retayned to be Attorney for the said Compl{aynan}t Rob{er}t Veer against the said W{illia}m Barners wherein this defend{an}t did the best he could for h[[.. in]] the same cause, but whether he receaved any writing{es} or evydenc{es} of the said Compl{aynan}t{es} by that meanes, this defend{an}t doeth not nowe certenlye remember because he taketh yt for that the same suite was about xv yeres past to this defend{an}t{es} remembrance, but yf he did receive any p{ar}te [[...]] d[[...]]s[?] the same to the said Mary Veer his daughter or to himself then or sythence and sayeth directlye further vppon his oathe that he hathe noe evydenc{es} or deed{es} that doe concerne any of the land{es} or ten{emen}t{es} w{hi}ch nowe are or were the said Rob{er}t Veers to his remembrance nor any other writing[?] that doeth app{ur}teyne to the said Compl{aynan}t{es} except one Indenture in paper purportinge certen articles of agream{en}t bearinge date the second day of Ianuary in the xxiijth yere of her Ma{ies}t{ies} Raigne that nowe ys made and sealed betwene the said Rob{er}t Veer and Iohane his wief on thone p{ar}tye and the said Mary Veer daughter of the said Rob{er}t on thother p{ar}tye By w{hi}ch yt was agreed that the said Compl{aynan}t{es} shoulde doe their best endeavo{u}r for the recou{er}ye of the said mano{u}r of Shottesbrooke (named in the said bill) w{hi}ch was form{er}ly bargayned and solde by the said Compl{aynan}t [[Rob{er}t]] Veer to Thomas Nike named lykewyse in the said bill, and that the vse and benefitt thereof should [should] be and accrewe vnto the said Mary Veer vppon suche other thing{es} to be p{er}formed on the behaulf of the said Marye as be specied [for specified] in the said articles, w{hi}ch artycles to this def{endan}t{es} [[remem]]brance were sealed vppon the marryage daye of the said Rob{er}t Veer to the said Iohane his wief this def{endan}t{es} syster ymedyatlye after the sealinge of the Ioynture of the said Iohane made to her by the said Rob{er}t her husband and were agreed vppon before marryage by the consent of the said Robert Veer and Marye Veer on thone p{ar}tie and this def{endan}t and his said sister Iohane on thother p{ar}tye to be sealed p{re}sently after the said intended Ioynture made, and this defend{an}t sayeth as touchinge the marriage had betwene the said Compl{aynan}t{es} and the mann{er} of the accomplishment of the same that w{i}thin a quarter of ^\\a// yere after to his remembra{u}nce that the said Rob{er}t Veer first beganne suyte w{i}th the said W{illia}m Barners the said Rob{er}t Veer and Iohn Veer his onely sonne beinge about the age of xvj yeres as this defend{an}t thinketh and the said Mary Veer his daughter came together to Birchanger in the Countye of Essex to this defend{an}t{es} house w{i}th their s{er}vaunt{es} w{i}th them wher they stayed some tyme together and shortlye after there fell a Com{m}unycac{i}on betwene this def{endan}t and the said Rob{er}t Veer and his son{n}e and daughter for a marriage to be had betwene him the said Rob{er}t and the said Iohane Huberd this def{endan}t{es} sister yf he did lyke her and she him when they should meete and see eache others [sic] w{hi}ch was soe well lyked of aswell by the said defend{an}t as also by the said Children and s{er}vant{es} as was then p{re}tended, as this defend{an}t by the consent of them all did send for his said sister Iohane beinge then at London in s{er}vice w{i}th one Mr Partridge a goldsmithe, and then about the age of xxxtie yeres as this defend{an}t thinketh, and the said Iohane comynge to this defend{an}t{es} house and beinge enformed by this defend{an}t of the said treatye and moc{i}on of marriage and that he this defend{an}t should disburse for her Cli w{hi}ch the said Mr Veer would p{re}sentlye gyve to his said daughter Marie Veer toward{es} her marriage, and that the said Iohane should haue a reasonable Ioynture of his land{es} in Essex of all w{hi}ch the said Iohane was made fullye acquaynted in the p{re}sence of her brother Henry Huberd and other good frend{es} at w{hi}ch tyme she agreed to repaye the said Cli agayne to the said Edward Huberd her brother in short tyme [after] and made her bonde for the same in the p{re}sence of her said frend{es} w{i}th great request & thank{es} to this defend{an}t her brother to do soe muche for her consideringe that this defend{an}t was then in debte aboue a thousand pound{es} for land{es} w{hi}ch he had bought, soe as was then doen to take vpp the said Cli to pay Mrs Marye Veer and hathe payd vse for the same a longe tyme sythence, att w{hi}ch tyme yt was also agreed that all suche further benefytt as might be in reasonable mann{er} gotten from the said Mr Nookes as by the form{er} artycles in thys answere is recyted should be to the benefytt and onely vse of the said M{ist}r{es}s Mary Veer soe as the said marryage p{ro}ceaded vppon deliberate advyse of the chiefest frend{es} on boeth sid{es}: all w{hi}ch assura{u}nc{es} aswell for the Ioynture of the said Iohane nowe the wief of the said pl{ainant} as also what money this def{endan}t should pay and to whome was fullye concluded before marriage and ^\\some// bondes and writing{es} sealed on the marryage daye in the after noone in the p{re}sence of some worshipfull witnesses and some others Att w{hi}ch marriage the said Iohn Veer and Mary Veer the Children of the said Compl{aynan}t Rob{er}t Veer were p{re}sent And further this defend{an}t sayeth that he was enformed by credible report that he the said Rob{er}t Veer was seysed in his demeasne as of freehould for terme of his leas of and in the said Manno{u}rs of Kenyngton an Wenyngton w{i}th their app{ur}ten{au}nc{es} in the Countye of Essex menc{i}oned in the said bill before suche tyme as the said Rob{er}t by laufull conveya{u}nce in the lawe did graunt and content ou{er} his right and estate therein to Mr Iustice Aylof deceassed and the more certen cause of suche his knowledge was for that the said right honorable Edward de Veer nowe Erle of Oxenford did write his l{ett}res to the said Rob{er}t Veer the nowe Compl{aynan}t beinge vncle to the said Erle that he woulde ioyne w{i}th him in sale of the said land{es} to the said Mr Aylof and also he hathe hearde that the saide Compl{aynan}t Rob{er}t was sometymes sey[[sed of the]] [[mannor]] of Shottesbrooke in the Countye of Berk' and that the said Rob{er}t Veer did lykewyse ioyne in assura{u}nce w{i}th the said Erle to one Mr Nooke deceassed or to his vse w{i}th assura{u}nc{es} were made by the said Erle and the said Rob{er}t Veer aswell to the said Will{ia}m Aylof as to the sa[[id ...]] [[... lon]]ge before the said Rob{er}t Veer marryed w{i}th this defend{an}t{es} sister And this defend{an}t hathe hearde that he the said Rob{er}t Veer was speciallye p{ro}cured to ioyne in the said sales and Conveyaunc{es} by the said W{illia}m Barners And sayeth further that he hath hearde that he th[[e said]] [[...]] had made longe leases of all the said p{re}misses or of the most p{ar}te of them and had reserved smale rent{es} theruppon before he ioyned in sale w{i}th the said Erle to the said Iustice Aylof and to the said Mr Nooke And this defend{an}t hath lykewyse heard that [[...]] [[... ]] had some considerac{i}on in money gyven him by the said Mr Aylof and Mr Nooke to labo{u}r the said Rob{er}t Veer to ioyne in assura{u}nce w{i}th the said Erle, w{hi}ch was executed accordinglye as this defend{an}t hath hearde by fynes and Recou{er}yes levyed & suffered by the said Erle And the [[...]] [[... ]] what estate or mann{er} of assura{u}nce was made backe agayne of the p{re}mises to the said Rob{er}t Veer by the said Mr Aylof this defend{an}t doeth not remember the same beinge done by thadvyse of [of] suche Councell as the said Mr Barners made choyse of but this defend{an}t hath heard that [[the rent]]t of the said Manno{u}rs of Kenyngton and Wenyngton was yearlye to be payed by the said Mr Aylof his heires or assignes to the said Rob{er}t Veer eyther duringe the lief of the said Rob{er}t or for certen yeares yf he the said Rob{er}t should lyve so longe And where the [[said complay]]nant{es} doe alleadge in their bill of Complaint that this defend{an}t p{ro}cured them to soiourne with them in his said house To that allegac{i}on this defend{an}t sayeth true yt ys they did soiourne w{i}th him in his said house and there remayned in good space w{i}th their s{er}vant{es} and [[...]]s said son{n}e and daughter w{i}th other of their frend{es} made their repayre thither at their pleasures and ^\\there// had ent{er}taynm{en}t fitt for them, for all w{hi}ch this defend{an}t had neu{er} allowed him aboue xxli a yere to his remembrance soe as this defend{an}t had neu{er} cause to entreate [[... ...]]es to thintent to benefitt himself by their allowa{u}nc{es} for their ent{er}taynement for this defend{an}t did p{re}sume they would be chargeable vnto him and soe they fell out vnto him to the value of xlli a yere, but he desired their companies for their owne ease as [[...]] [[...]] and of theirs and of very good will havinge bestowed many other p{ar}ticular benefitt{es} vppon them of good value w{hi}ch he could p{ar}ticulerlye manifest and declare to this honorable Courte yf he lysted to vpbraide them w{i}th suche curtesies as they haue in good [[...]] [[rece]]ived at is hand{es} And whereas the said Rob{er}t doeth affirme in his said byll of Complaint that he this defend{an}t hathe whollye byne advaunced by the nowe Erle of Oxenford, thereunto this defend{an}t answereth (howebe ytt the allegac{i}ons be ymp{er}tinent) [[that he]] hathe byne very good L{ord} to this defend{an}t and this defend{an}t hathe receaved many favo{u}rs and benefytt{es} from the said Erle for the w{hi}ch this defend{an}t doeth make most thankefull acknowledgem{en}t but this defend{an}t sayeth further neu{er}thelesse that he had land{es} [[of very]] good value left vnto him by his father whoe dyed longe synce, and had an office in this honorable Courte of a good yerely p{ro}fitt of longe tyme before he s{er}ued the said Erle, soe as this defend{an}t had a Competent estate settinge asyde his benefytt{es} [[from the said]] Erle And this defend{an}t further sayeth that true yt ys that the said Rob{er}t Veer fell sicke about a yere or somewhat more to his remembra{u}nce after marriage ^\\had// w{i}th the said Iohane nowe his wief: at w{hi}ch tyme he did lye in the house of this [[defendant w]]here his said daughter M{ist}r{es}s Mary Veer then was but this defend{an}t did neu{er} knowe nor heare that he was soe weake thereby that his sences were decayed nor doeth not knowe that he did send for Mr Wrothe a phiyisic{i}on for that the said defend{an}t was [[...]] houlden[?] att his first fallinge sicke yt beinge then terme tyme And this defend{an}t further sayeth vppon his oathe that about a quarter of a yere before the same sicknes to this defend{an}t{es} remembra{u}nce the said Mr Iustice Aylof sayed to this def{endant} these or the [[like word]]{es} in effect viz, Mr Huberd I am enformed that yo{u}r sister Veer hathe a Ioynture made vnto her by Mr Veer her husband of the land{es} that I haue bought of therle of Oxenford and of him, and yt soe falleth out that the Sea bancke or wall [[...]] [[...]] p{ar}te of that land ys soe decayed that yt lyeth in greate daunger of drownynge and the chardge to amend the same were at the least Cli ^\\w{hi}ch I for my p{ar}te// would be loathe to defraye or sustayne and that then after Mr Veer{es} decease who ys nowe an ould man It should [[...]]d out of yt by yo{u}r sister for her lief tyme: therefore I praye you to knowe of the said Compl{aynan}t{es} whether they wilbe contented to sell me her interest for lief for considerac{i}on of money or rent or for boeth and yf they will not the land shall contynewe in p{er}ill of drowning [[or]] [[over]]flowing for me, for otherwyse I will not be at the chardge to amend the Sea wall, whereuppon this defend{an}t tould the said Mr Aylof that at his goynge downe into the Countrey after the end of the terme he would acquaynt the said Compl{aynan}t and his wief w{i}th the said moc{i}on, and he should haue aunswered at his next retorne to the terme then next followinge Whereuppon this defend{an}t vppon his comynge home did acquaynt the said Compl{aynan}t{es} w{i}th the said moc{i}on made by the said Iustice Aylof to this defend{an}t whoe seemed in some sorte to embrace the same, and then shortely after called this defend{an}t and the said Henry Huberd brother to this defend{an}t in whome they reposed greate trust to conferr of the same, w{i}th the said Compl{aynan}t{es}, whoe after some speeches resolved that they would be contented in some mann{er} to deale w{i}th the said Mr Aylof but in what mann{er} they could not tell before the same land was surveyed, after w{hi}ch the said Complaynant did ^\\lykewyse// resolue that the said Henry Huberd beinge a man of good knowledge in suche matters should shortly survey the same and that after his retorne some mann{er} of pryce should be sett downe howe they would deale w{i}th the said Mr Aylof All w{hi}ch speeches the next terme followinge this defend{an}t did deliu{er} to the said Iustice Aylof at w{hi}ch tyme the said Mr Aylof requested this defend{an}t that the said Henry Huberd would come and lye at his house when he s{ur}veyed the same, and afterward{es} the said Henry Huberd was requested by the said Compl{aynan}t to ryde vnto the said land{es} and to make s{ur}uey thereof whoe shortely after p{er}formed the same accordinglye And because [[he the said]] Henry would knowe the vttermost value thereof he the said Henry Huberd did spend a longe tyme there and did lye at an Inne or allehouse nere to the said land as he reported at his returne back againe and gott one to shewe him all the said groundes [[p{er}taining]] to Mr Aylof{es} house nor acquaynted him therew{i}th and soe brought home to this defend{an}t and to the said Compl{aynan}t{es} a Survey of all the said lands written w{i}th his owne hand Wherein ys conteyned in the grosse value to be ymproved to the vttermost when it should [+be?] out of lease six score twelue pound{es} two shilling{es} tenne pence besid{es} six acres of encopsed wood{es} lately felled, w{hi}ch survey this defend{an}t hathe readye to be shewed to this honorable Courte and hathe heretofore shewed the same at sondrye hearing{es} but this defendant himself [[did]] neu{er} s{ur}uey or viewe the said land{es} neither doeth he knowe the value of the same other then by the said s{ur}uey, touchinge w{hi}ch survey the said Henry Huberd hathe taken his corporall oathe before Mr Doctor Carewe one of the masters of this Courte aswell for his honest and true dealinge in the same as also that he had noe mann{er} of benefytt of the said Mr Aylof nor of any other for the same but onely had xs allowed him for his expenc{es} by the said pl{ainan}t{es} in and about the same at his returne home: after whose returne the said pl{ainant} and his dep[[utie]]s had a conference together what pryce might be made to the said Mr Aylof of the said land{es} & in what mann{er}, at w{hi}ch tyme yt was resolued as followeth viz that yf Mr Iustice Aylof should haue the said estate of the said Iohane yf he would give three hundred pound{es} for a fyne to the said Complayna{u}nt{es}, and pay one hundred pound{es} by yere to the said Iohane Veer for terme of her lief after the deceas of the said Rob{er}t yf she overlyved him the said Rob{er}t, and yf she should chaunce to dye before the said Rob{er}t that then the said three hundred pound{es} should be repayed back againe to the said Mr Aylof his heires executo{u}rs or assigns Whereuppon the next terme then followinge the bargaine for the estate of the said Iohane was concluded w{i}th the said Mr Aylof as aforesaid After w{hi}ch tyme the said Compl{aynan}t{es} wief made specyall choyce of Mr Gent before he was Baron to be of their Councell in lawe whoe when the agream{en}t was to be sett downe and the book{es} to haue byne drawen yet because that the said land was subiect to sondrye extent{es} of Therle of Oxenford{es} debt{es} aswell dewe to her Ma{ies}tie as to others by reason of the said Rob{er}t Veers form{er} ioynynge in sale of the p{re}misses yt was therefore advysed by the said Mr Gent to take the said hundred pound{es} by yere for the said Iohane out of certen land{es} of the said Mr Aylof{es} w{hi}ch was then supposed not to be incumbred and in fyne vppon suche reasons as were then p{ro}pounded and made by the said Mr Aylof and Mr Gent the said Mr Gent did resone that the said Iohane should haue assurance ^\\of Cli by yere after the decease of the said Rob{er}t// for threescore yeres yf she [she] lyved soe longe she beinge then about xxxj yeres of age out of the said Mr Aylof{es} land{es}, w{hi}ch terme was thoughte would spend her lief, vnto w{hi}ch moc{i}on and resoluc{i}on this defend{an}t was contented to gyve consent for that the saime did growe from Mr Gent beinge of the Compl{aynan}t{es} learned Councell whoe thought well of the same, and soe the book{es} were accordingly ingrossed And this def{endan}t and his said brother Henry Huberd did at the request of the p{laintiffs} agree to be bounde to the said Mr Iustice Aylof by obligac{i}on for the repaym{en}t of the said CCCli yf the said Rob{er}t should ou{er}lyve the said Iohane, the w{hi}ch said book{es} and bonde soe ingrossed the said Mr Iustice Aylof after the terme ended brought downe w{i}th him to this defend{an}t{es} house where the said Mr Gent by form{er} appoyntm{en}t and one Mr Glascocke then Clerke of thassises for the said Countye of Essex and Mr Wyseman a Iustice of peace gave meetinge to this defend{an}t{es} remembra{u}nce and there all the said writing{es} were sealed and a fyne was also then taken of and from the said Complainant{es} by ded potestatem att w{hi}ch tyme there was also p{re}sent the said M{ist}r{es}s Mary Veer and diu{er}s others of the said Rob{er}t{es} frend{es} the said Rob{er}t havinge byne sicke about a fortenyght before but then well recou{er}ed and amended, and as this defend{an}t remembreth the said Rob{er}t came down into the p{ar}lor of this defend{an}t{es} house and tarryed the dispatche of all the said assuraunc{es} beinge then in good and p{er}fect memorye, for this defend{an}t sayethe vppon his oathe that yf he had p{er}ceyved any daunger of deathe in the said Rob{er}t he woulde haue done his best endeavo{u}r to haue hindered or delayed the sealinge of the said writing{es} and this defend{an}t further sayeth that he and his said brother Henry did then thinke that the said Compl{aynan}t{es} had made a very good bargaine for themselues w{i}th the said Mr Aylof for that all the said land{es} or the greatest p{ar}te of them were letten by the said Compl{aynan}t Robert Veer for longe termes longe before the said Rob{er}t{es} intermarriage w{i}th the said Iohane, the Count{er}paines whereof this defend{an}t thinketh that the said Robart Cann [=can] [Crediblye] ^\\redylie// shew forth or else the sayde Will{ia}m Berners can tell howe the same be bestowed but this defend{an}t himselfe is very ignorant thereof soe as there was a tyme meane betweene the sealinge of the Ioyncture of the sayde Ioane and the sayde assuraunce executed to Mr Iustice Ayloffe above a yeare to this def{endants} remembraunce w{hi}ch the sayde Will{ia}m Ayloffe as this def{endant} thinketh hathe redye to be shewed whereby yt maye appeare how vntrulye the sayde Compl{aynan}t{es} suggest in and by there sayde bill of Compl{ain}t by that vnder p{re}tence of a Ioyncture to be made by the sayde Rob{er}t to the saide Ioane this def{endant} p{ro}cured the s{ai}d Compl{aynants} to convey awaye their interest in the sayde land{es} to the sayde Iustyce Ayloffe contrarye to there meaninge whereas the ^\\said// Ioyncture was made before the sayde Conveyaunce to Mr Ayloffe as affores{ai}d And this def{endant} further sayth that there was iijCli payde ^\\& delyvered// by the sayde Iustice Ayloffe to thand{es} of this def{endan}t to thuse of the sayde Compl{aynantes} w{i}th the Consent and agream{en}t of the sayde Compl{aynantes} w{i}th this truste that the same money should remayne in thand{es} of this defend{an}t in respect that he this defend{an}t together w{i}th his said brother Henry Huberd stode bounde to repaye the same agayne to the saide Mr Ayloffe yf the saide Compl{aynant} Ioane ^\\Veer dyed// [were deade] before the sayde Rob{er}t her saide husband And this def{endant} further sayth, that there was not anye greater nor other som{m}e of money nor other Considerac{i}on paide or geven to thand{es} of this defend{an}t nor to anye other to his vse to his knowledge but onlye the sayde som{m}e of iijCli But this def{endant} hath hard by report that the sayde Mr Ayloffe gave to the sayde Marye Veere the daughter of the sayde Compl{aynant} Rob{er}t Veere two Angells & vnto Thom{a}s Huberd another brother of this defend{an}t one Aungell in gratuitye ymedyatelye after the sealinge and fynishinge of the said assura{u}nc{es} And further this defend{an}t saith that to his remembrance he hath paide eu{er} sithence he had thuse of the saide iijCli the interest of xxxli by yeare to the saide compl{ainant} Rob{er}t Veer and hath his acquittaunc{es} for the same And further this defend{an}t saith that before this byll exhibyted he hath offered to the saide Compl{aynant} Rob{er}t Veer that yf he would p{ro}cure the saide Mr Ayloffe to deliu{er} vpp to him this defend{an}t his and his brothers said bond made for the repaym{en}t of the saide iijCli to the saide Mr Ayloffe yf the sayde Ioane Veere shuld dye before the saide Rob{er}t that then this defend{an}t would paye the sayde CCCli w{i}th verye good will vnto the sayde Rob{er}t this def{endant} beinge verye desyrous to be freed from such trobles and expences as the saide Compl{aynantes} have wrongfullye brought vpon him And further this def{endant} saith that he neu{er} made request to the sayde Compl{aynantes} or ether of them to leave him this def{endant} out of the sayde byll exhibited by them against Mr Ayloffe but he well remembreth that one Andrew Stevens that followed the matter of Compl{ain}t in the Chauncerye for the saide Compl{aynant} againste the sayde Mr Ayloffe told this def{endant} that yf he would be examined as a wytness and testefye the truth of his knowledge betweene Mr Ayloffe and the sayde Compl{aynant} in the sayde suite that then he would leave this defend{an}t out of the bill wherevnto this def{endant} aunswered that the Compl{ainants} might make this defend{ant} a p{ar}tye to the sayde suite yf they soe woulde but he this defend{an}t saide that he knew noe Cause whie they shulde soe doe But this defend{an}t further sayde to the saide Stephens that to be a wytnes yf the pl{aintiffs} served him w{i}th p{ro}c{es} to be examyned he Could not Chuse but would be readye to testefye the truth accordinge to his knowledge to such materyall and p{er}tynent thing{es} as he shuld be examyned of Sythence w{hi}ch tyme this def{endant} hathe benn examined vpon Interrogatories in the said suite as is before menc{i}oned and in them have aunswered to most of the matters Conteyned in this new byll And where the sayde plantyff{es} doe in there bill charge this defend{an}t that he this defend{an}t hath p{ro}cured the sayde Compl{aynants} to release the saide som{m}e of CCCli receaved of Mr Ayloffe or otherwyse to passe awaye his interest therein or in such other Annuytyes as be menc{i}oned in the sayde bill of Complaynt to be made by the sayde Mr Ayloffe to the Compl{aynantes} or eyther of them to that Allegac{i}on this defend{an}t doth saye vpon his oathe that he neu{er} did anye such thinge nether had he eu{er} anye intenc{i}on soe to doe as is sl[[anderously]] affirmed in the sayde bill And as touchinge the false surmis{es} made in the saide pl{aintiffes} bill conc{er}ninge the sale of the sayde Manno{u}r of Shottesbrooke vnto the sayde Mr Nooke and this def{endant} practizinge w{i}th the [[said Iohan in suche]] sort as is p{re}tended in the sayde bill this def{endant} further sayth that as he taketh yt by vewe and p{er}vsall of the Articles afforesaide the aunswer of this defend{an}t to those suggestions is the more ma[[teriall[?] ...]] notw{i}thstandinge that this def{endant} hath in sort made herein an answere to some of the sayde p{re}tences But this def{endant} further saith vpon his oathe that he neu{er} practised or Confederated vndewlye w{i}th the sayde [[Nook{es} the]] sonne or the sayde Iohane to p{ro}cure a Conveyaunce to the sayde Nook{es} the ffather or the sonne from the sayde Compl{aynantes} as is slaunderouslye alledged in the saide bill of Compl{ain}t But this defend{an}t saythe that the sayde Nookes the sonne Cam [=came] shortlye after the marryage of the saide Compl{aynantes} to this defend{an}t{es} house and required to speake w{i}th the saide Compl{aynantes} and the sayde Marye Veere beinge then there And havinge speech w{i}th the sayde Nook{es} the sonne did p{ro}cure him to affirme and p{ro}mise vnto her that he would not arrest the saide Compl{aynan}t Rob{er}t Veere for breach of anye bonde by him made to the sayed Nookes the ffather soe as he mighte speake w{i}th the sayde Compl{aynantes} wherevpon the saide Compl{aynantes} and the sayde Marye Veere and this defend{an}t had then speeches and Conference w{i}th the sayde Nookes the sonne and this defend{an}t remembrethe that there was then a free agream{en}t made betweene the sayde Nookes the sonne and the sayde Marye Veere. What further recompence she should haue of the said Nook{es} the father soe as the said Compl{aynantes} would make a further assura{u}nce by fyne or Recou{er}ye or otherwyse to the said Mr Nook{es} whereby the said Iohane might determyne & extinguishe the interest and possibilytie that might happen to her yf she should ou{er}lyve her said husband Rob{er}t Veer the benefytt of w{hi}ch agream{en}t was to come to the said M{ist}r{es}s Mary Veer accordinge to the agrement made by the articles before menc{i}oned but what som{m}e the same was that the said Mary Veer should haue this defend{an}t doeth not certenlye remember, and affirmeth vppon his oathe that he neu{er} practysed w{i}th the said Nookes the sonne to come downe to this defend{an}t{es} house w{i}th p{ro}c{es} as ys alleadged in the said bill, and further that he neu{er} receaved any money p{ro}fitt or rewarde eyther of Nook{es} the father or of Nook{es} the sonne or of any other p{er}son or p{er}sons whatsoeu{er} for or in respect of the further assura{u}nce made by the said Mr Nook{es} by the said Compl{aynantes} of the said Manno{u}r of Shottesbrooke. W{i}thout that that any other matter or thinge in the said bill of Compl{ain}t conteyned materiall to be aunswered vnto and herein not sufficiently trau{er}sed, denyed confessed or avoyded ys true as this defend{an}t thinketh All w{hi}ch matters this defend{an}t ys readye to averre and prove as yt shall please this honorable Courte to awarde, and hopeth that this honorable Courte wylbe w{i}th this the aunswere of this defend{an}t and the said former order made by the said L{ord} Chauncello{u}r Hatton as afforesaid fullye satisfied whereuppon this defend{an}t prayeth to be dismissed w{i}th his cost{es} for his wrongfull vexac{i}on herein sustayned.

PRO C3/251/104/4 (replication)

The Replicac{i}on of Robert Veer Esq{ie}r and Iohan his wief Complayn{au}nt{es} to the answeare of Edward Huberd Esquier defend{an}t

The said Complayn{au}nt{es} doe and will averre and prove their saide bill of Complaynt and all and every matter Clause and Article therein Conteyned to be true & c{er}teine and sufficient in the Lawe to be answeared vnto in such Mann{er} and forme as in their bill of Complaint is sett foorth and declared and that the answeare of the defend{an}t is vntrewe vnc{er}teine & insufficient in the Lawe to be replied vnto and is drawne & framed at leingthe of purpose to ^\\put// these Complayn{au}nt{es} to excessiue Charges and expences ### in takinge forthe the Copye of the said Longe and tedious answeare Layeinge open in the same many Longe & fryvolous matters w{hi}ch doe tende Lytle to the direct point{es} of the said bill of Complaint w{i}th that that these Complayn{au}nt{es} will averre and p{ro}ve to this honorable Courte that the said Manno{u}rs of Ken{n}yngton and Wen{n}yngton in the bill menc{i}oned And alsoe the said Manno{u}r of Shotebrok after the death of the said Complayn{au}nt Robert Veer shoulde & ought in trewe meaninge to have remyaned to the said Iohan one of the Complayn{au}nt{es} for her Ioynture duringe her naturall lief And that the said defend{an}t did Consent and Compound w{i}th the said Mr Ailoffe the elder in the said bill menc{i}oned in the tyme of the Complayn{au}nt{es} sicknes for the sale of their estate in the said Land{es} in Essex w{i}thout the privity or direction of the said Complayn{au}nt{es} And that vpon the exhibitinge of the bill of Complaint into this honorable Courte against the said Ayloffe the sonne in the said bill alsoe menc{i}oned the said defend{an}t requested the solicitor of the said Complayn{au}nt{es} that he might be lefte out of the bill of Complaint exhibited against the said Ailoffe promisinge and vowinge to the solicitor of the said Complayn{au}nt{es} that he woulde testifie the truth of all the matters as a witnes w{i}th that alsoe that the saide defend{an}te w{i}thout the Consent or appointment of the said Complayn{au}nt{es} [..] or either of them did delyver all and singuler the Evidences and writinges in the said bill menc{i}oned to the p{ar}ties in the said bill menc{i}oned w{hi}ch matter beinge expreslye alledged in the said bill of Complaint against the def{endan}t as his owne facte and not by the said defendant exp{re}sly denied; these Complayn{au}nt{es} hope that this honorable Courte will take the same as Confessed of him W{i}thout that that the said Complayn{au}nt{es} exhibited their seu{er}al petic{i}ons vnto the Queenes most excellent Ma{ies}tie against the said defendant and the said Mr Ailoff for vexation, or that the same was ordered by my Lord Chief Baron then one of the Iustices of the Co{mm}en pleas or by any other as in the said answeare is vntruly alledged. And without that that the said Mary Veere only daughter of the said Complayn{au}nt did p{ro}cure the said Complayn{au}nt Robert Veere to be at her direction and appointment after the death of his said form{er} wief the mother of the said Barnars in the said bill and answeare menc{i}oned, or that by the meanes of the said Mary Veere or her frends the said defend{an}t was reteyned as Attorney for the said Complayn{au}nt Robert Veere against the said Will{ia}m Barnars but by reason of the offer of the said defendant And w{i}thout that the said defendant did the best he coulde for the said Complayn{au}nt in the said Cause for obteynigne the said writing{es} of the said Barnars, or that the said defend{an}t did deliu{er} the same writing{es} to the said Mary Veere or to this Complayn{au}nt Robert Veere for in truthe without the Consent or appointment of these Complayn{au}nt{es} he deliu{er}ed the same to the said Will{ia}m Ailoffe thelder and the said Noke in the said bill menc{i}oned. And w{i}thout that that the said defend{an}t was dryven to take vppe one hundred pound{es} to pay the said Mary Veere, or that the said Iohan one of the defend{an}t{es} did agree to repay the same to the said defend{an}t, or that the said Complayn{au}nt Iohan did wittingly or willingly geve her bond for the same, as in the said answeare is vntruly suggested And w{i}thout that that the right honorable Robert [sic, for Edward] de Veere Earle of Oxenford did write his l{ett}res to the Complayn{au}nt Robert Veer to ioyne w{i}th him in sale of the said Land{es} to the said Mr Iustice Ailoffe, or that the said Complayn{au}nt did ioyne in assur{a}unce w{i}th the said Earle to the said Mr Ailoffe & Mr Noke deceased, as in the said answeare is alledged. And w{i}thout that that the said Mr Gent in the said answeare menc{i}oned did advise the said Iohan the wief of the nowe Complayn{au}nt to take the som{m}e of one hundred pound{es} out of c{er}teine Land{es} of the said Mr Aloff{es} w{hi}ch was supposed not to be incumbred, or that the said Mr Gent was resolved that the said Iohan should have assuraunce of one hundred pound{es} by yeere after the deceasse of the said Complayn{au}nt Robert Veere for threescore yeeres if she Lived soe Longe, or that the said Complayn{au}nt{es} did agree or consent vnto that motyon or resoluc{i}on as in the said answeare is vntruly declared And w{i}thout that that the said defend{an}t and the said Henry Huberd in the answeare menc{i}oned at the request of the said Complayn{au}nt{es} did become bound to the said Iustice Ailoffe by obligac{i}on for repayment of Three hundred pound{es} in the said answeare menc{i}oned if the said Robert Veere the Complayn{au}nt should overlyve the said Iohan, for that the said bond if any such were was made of the def{endan}t{es} owne accord to Colo{u}r and cloake the deteyninge of the said Three hundred pound{es} and bargaine of his owne makeinge And w{i}thout that that the said Complayn{au}nt was in p{er}fect memory at the passinge of the said assuraunce as in the said answeare is surmised And w{i}thout that that the said Three hundred pound{es} menc{i}oned in the said answere was deliu{er}ed by the said Iustice Ailoffe to the said defend{an}t in trust, or that the said def{endan}t together w{i}th his said brother Henry Huberd did stand bound to repaye the same to the said Mr Ailoffe if the Complayn{au}nt Iohan Veere died before her said husband Robert Veere at the request of these Complayn{au}nt{es} or either of them And w{i}thout that that the said Henry Huberd did s{ur}vey the said Manno{u}rs or any of them by the appointment of thiese Complayn{au}nt{es}, or that any such survey was ever deliu{er}ed to them or either of them And w{i}thout that that any other matter or thinge materiall in the said answeare exp{re}ssed, and not heerein sufficiently Confessed and avoided or trau{er}sed & denied is trewe All w{hi}ch matters theise Complayn{au}nt{es} are ready to averre & prove as this honorable Courte shall award and pray as in their said bill of Complaynt they have prayed.

Return to calling page.