Sir Roger Townshend, Sir John Danvers, Christopher Yelverton, and Myles Sandes, esqrs., vs. Sir William Waldegrave; relief against incumbrances.

PRO C2/Eliz/T6/48 (5 November 1590)

Return to calling page.

PRO summary: The plaintiffs, with many others, are purchasers of divers manors, tenements, and lands from the Right Honourable Edward de Vere earl of Oxford; and on account of a debt owing by the said earl to the Crown, he, together with the defendant and John lord Darcy, his sureties, entered into a recognizance to the court of wards and liveries, and at the same time, to save his sureties harmless, entered into a recognizance to them; the debt to the Crown not having been discharged, and plaintiff's lands being extended for same, they paid off the greater part of the debt; after which, the defendant wishing to extend the plaintiffs' lands upon his recognizance, by assigning the same to other persons for that purpose, the plaintiffs pray that he may be restrained from so doing, &c. - The premises are not particularized.

PRO C2/Eliz/T6/48/1 (complaint)

vj Novembris 1590

To the right honorable S{i}r Christofer Hatton of the noble order of the garter knight Lord Chauncellor of England.

In most humble wyse Complayninge sheweth vnto your good honour your humble and daylye Orators S{i}r Roger Townesend and S{i}r Iohn Danvers knights Christofer Yelverton Serieaunt at Lawe and Myles Sandes Esquier aswell in the names of them selves as also of diverse others purchasers of diverse Manno{ur}s Landes and Tenement{es} from the right honorable Edward de Vere nowe Earle of Oxenford That wheras there was a debte of three thowsande three hundred six poundes seventene shilling{es} and nyne pence halfe penye farthinge [=L3306-17-9-1/4] due to her Ma{ies}tie by the sayde Erle of Oxenford vppon seuerall obligac{i}ons taken and yet remayninge in her highnes Courte of wardes and liu{er}yes for and concerninge the wardshipp and liverye of the sayde Earle and for meane rates of his Landes w{i}thin age That is to saye twoe thowsand poundes [=L2000] for the ffyne of his wardshipp and marriage one thowsande twoe hundred fyftye seven poundes eightene shilling{es} halfe pennye farthinge [=L1257-18-0-1/4] for the ffyne of his liverye and eight and fortye poundes nynetene shilling{es} and nyne pence [=L48-19-9] for meane rates of his Landes as by the sayde seu{er}all obligac{i}ons remayninge in the sayde Courte of wardes at Lardge appeareth In w{hi}ch sayde seuerall Obligac{i}ons the right honorable Iohn Lo{rd} Darcye late of Chich in the Countye of Essex nowe deceassed and S{i}r Will{ia}m Waldgrave knight became ioyntelye and seu{er}allye bounde w{i}th the sayde Earle vnto her Ma{ies}tie as suertyes for the payment of the sayde debte and dutyes of the sayde Earle by reason wherof and for the savinge harmelesse of the sayde Lord Darcye and S{i}r Will{ia}m Waldgrave the sayde Earle became bound vnto the sayde Lorde Darcye and S{i}r Will{ia}m Waldgrave in twoe seu{er}all Statutes of six thowsande poundes a peece to saue them their Landes and goodes harmelesse agaynste her Ma{ies}tie or to the like effecte as by the defesaunces therof maye appeare Sithence w{hi}ch tyme the sayde Earle hathe not payed anye of the sayde debt{es} due to her Ma{ies}tie wherebye the sayde seu{er}all obligac{i}ons soe made and entred into by the sayde Earle Lord Darcye and S{i}r Will{ia}m Waldgrave to her Ma{ies}tie as afforesayde became forfeycted Sithence w{hi}ch tyme the sayde Lord Darcye died whoe made his laste will and testament in wrytinge and by the same appoynted Thomas nowe Lord Darcye his sonne and heire to be his Executor of his sayde will by reason wherof the sayde nowe Lord Darcye toke vppon him thexecuc{i}on of the sayde will and the administrac{i}on of all the goodes and chattells of his sayde ffather by meanes wherof the sayde Statute soe made and acknowledged to his ffather as afforesayde is lawfullye accrued and come to the handes and possession of the nowe Lo{rd} Darcye. Sythence w{hi}ch tyme diu{er}se p{er}sons that did purchase Landes of the sayde Erle of Oxenford were muche encumbred and molested by proces of Extent{es} out of her ma{ies}t{ies} sayde Courte of Wardes by reason that their Landes were liable to the sayde Obligac{i}ons made to her highnes wherevppon they the sayde purchasers that soe were encumbred as afforesayde made humble suyte aswell to haue an enstallment of the sayde Erles debte as also that all and singuler other p{er}sons whoe haue taken by lease or purchased anye of the sayde Erles Landes since the sayde Obligac{i}ons made to her highnes by the sayde Erle mighte be called into the sayde Courte of wardes to make contribuc{i}on toward{es} the payment of the sayde debte and dutyes due to her highnes and to haue an equall rate and proporc{i}on to be ymposed and sett vppon everye of them for the payment therof w{hi}ch suyte semed soe reasonable to the M{aste}r and counsell of the sayde Courte of ward{es} the sayde purchasers offringe to satisfye the sayde debte and dutyes at their owne chardge w{hi}ch they (but in respecte of their owne quyett) needed not to haue done for that they in respecte therof hadd diverse statutes and recognizaunc{es} of the sayde Erle of greate penaltyes for their indempnetye and savinge harmelesse. That yt was ordred and decreed in the nyne and twentythe yere of her Ma{ies}t{ies} Reigne that the sayde debte of three thowsande three hundred six poundes seventene shilling{es} nyne pence halfe pennye farthinge [=L3306-17-9-1/4] should be stalled to be payed to her Ma{ies}tie by the purchasors ffermers and Ten{au}nt{es} of the sayde Erles landes at certayne dayes in the sayde decree lymyted and appoynted as by the same decree more at Lardge appeareth by reason of w{hi}ch sayde decre and accordinge to the sayd enstallm{en}t the greateste parte of the sayde some due to her Ma{ies}tie as afforesayde hathe byn by your sayde Orators and other the sayde purchasors ffermors and Ten{au}nt{es} accordinge to the true meaninge of the sayde decree satisfyed and payed and there remayneth good and sufficient provision for the residue hereafter to be payed to her Ma{ies}tie accordinge to the sayde decre whereby the sayde Lorde Darcye and S{i}r Will{ia}m Waldgrave nor eyther of them can thereby anye wayes be dampnified But nowe soe yt is right honorable that the sayde Lo{rd} Darcye and S{i}r Will{ia}m or one of them haue byn ymportuned contrarye to the expresse coven{au}nt{es} statutes and recogniza{u}nc{es} made to your sayde Orato{ur}s and others the purchasers to thende to encomber their possessions contrarye to the sayde Conveyaunc{es} to assigne and sett over all their sayde Statutes to suche person and persons as by them should be named intendinge therebye to take aduauntage againste them your sayde Orators and all other the sayde purchasors of the sayde Earle wherbye your sayde Orator and all other the sayde purchasers of the sayde Earle shall not onlye be molested and incumbred contrary to all equytye, but also a greate number of other Statutes and recognizaunces knowledged by the sayde Erle to the sayde purchasers are therebye likelye to growe forfeyted to the greate molestac{i}on and tro{u}ble of a greate number of people purchasers and ffermo{ur}s of the Landes solde and leased by the sayde Erle and the sayde purchasers. In considerac{i}on wherof and forasmuche as yf the sayde Lorde Darcye and S{i}r Will{ia}m Waldgrave shoulde sett over their sayde Statutes in suche manner as afforesayde yt wolde not onlye redowne muche to the tro{u}ble losse and hindraunce of your sayde Orato{ur} but also to the vtter ympou{er}ishm{en}t and vndoinge of some other the poore purchasers and ffermo{ur}s of the sayde Earles landes and stirr vpp multiplicetye of suyt{es} and tro{u}bles to the hinderaunce and vndoinge of manye w{hi}ch is verye likelye to happen yf some spedye remedye be not herein by your good Lo{rdshi}p provided Maye yt therfore please your good Lo{rdshi}p to graunte vnto your sayde Orato{ur}s your honors le{tte}rs to be directed to the sayde Lo{rd} Darcye and her highnes most gracious wrytt of Subp{en}a to be directed to the sayde S{i}r William Waldgrave to call them before your good Lo{rdshi}p at a certayne daye in the same to be lymyted personallye to appeare and bringe in their sayde Statutes into her highnes highe Courte of Chauncerye and to take suche order w{i}th them in this cause as that they maye not assigne over their sayde Statutes or take anye advauntage by them anye further then they shalbe dampnified therbye as to your honorable Lo{rdshi}p shall seme beste to agree w{i}th equytye and good conscience And your sayde Orato{ur}s and others th[[e]] sayde purchasors and ffermo{ur}s shall accordinge to their bounden dutye praye for your honors prosperouse estate.

PRO C2/Eliz/T6/48/2 (answer)

25 Novembre 1590

The Aunswere of S{i}r Will{ia}m Waldegrave Knight one of the defendant{es} to the Bill of Complaynt of S{i}r Roger Townesend and S{i}r Iohn Danvers Knight{es} and others Complayn{an}t{es}

The said defendant savinge vnto himselfe at all tymes hereafter all advantages of excepc{i}on to the incertentie and insufficiencye of the said Bill for answere vnto soe much of the same Bill of Complaynt as touchethe and concerneth him this def{endan}t sayeth that trewe it is as this def{endan}t taketh it that the said Right honorable Edwarde de Veare nowe Earle of Oxenforde in the said Bill of Complaynt menc{i}oned for and concerninge his wardeshippe maryage and Lyverye and for the meane rates of his land{es} when he was to sue his lyu{er}ye at his full age was indebted vnto our sou{er}eigne Ladye Elizabeth the Quenes Ma{ies}tie that nowe is in the some of Three Thowsande Three Hundred Sixe pound{es} Seaventene shilling{es} Nyne pence haulfe penney ffarthinge [=L3306-17-9-1/4] or thereabout{es} in such maner as in the said bill of Complaint ys alledged for payment and securytye of w{hi}ch saide debte and dutyes soe then dewe to her Ma{ies}tie as by the said Earle the said Right honorable Iohn Lord Darcye late of Chiche in the Countie of Essex nowe deceased and this nowe defendant became ioyntelie and seu{er}all [for seu{er}allie] bonnde w{i}th the said Earle and as suerties for the said Erle in diu{er}se penall Recognizaunces or bond{es} vnto her Ma{ies}tie for the trewe payment of the said debte and duties of the said Earle w{hi}ch bond{es} and Recognizaunc{es} did amounte in the whole as this defendant taketh it to the some of five Thowsande pound{es} [=L5000] or thereabout{es} wherevppon the said Earle for this def{endan}t{es} indempnytye and discharge knowledged a statute of the some of Sixe Thowsande pound{es} [=L6000] vnto this def{endan}t and therevppon Indentures of defesaunce of the same statute were made by & betwene the said Earle & this def{endan}t the one p{ar}te of w{hi}ch Indenture of Defesaunce made by this def{endan}t did & still doth remayne w{i}th the said Earle as this def{endan}t thincketh & thother p{ar}te thereof made by the said Erle remayneth w{i}th this def{endan}t w{hi}ch Indenture of defesaunce were to this or like effecte followinge as this defendant taketh it viz That yf the said Earle his heires executo{ur}s or administrato{ur}s had before then or after that should satisfie contente & paye or cause to be satisfied contented & payed to our said sou{er}eigne Ladie the Quene her heires & Successors & to her & theire officers having aucthorye [for aucthoryte] to receyve the same All & singuler som{m}e & som{m}es of money menc{i}oned in the Condic{i}on or Condic{i}ons of the said Recognizaunce or Recognizaunc{es} or in any other bonde or bond{es} remayninge in the courte aforesaid wherein the said S{i}r Will{ia}m Waldegrave w{i}th the said Earle is or doth stande bounde to our said sou{er}eigne Ladie the Quene at such dayes & tymes as in & by the same Recognizaunce or Recognizaunc{es} or other bonde or bond{es} aforsaid or the condic{i}on or condic{i}ons of them or any of them are Lymited & appoynted orels in defaulte thereof yf the said Earle his heires executo{ur}s or administrato{ur}s should otherwise soe satisfie the said courte & the Quenes ma{ies}tie her heires & successors & all her & theire officers & ministers of & for the p{re}misses from tyme to tyme soe that at noe tyme the said S{i}r Will{ia}m Waldegrave his heires executors or administrato{ur}s or his or theire land{es} ten{amen}t{es} or hereditament{es} or good{es} or Chattells should be vexed molested trobled extended seised or taken in execuc{i}on for or by reason of default makinge in payment of any som{m}e or som{m}es of money or any p{ar}te thereof menc{i}oned in any the Recognizaunce or Recognizaunc{es} bonde or bond{es} aforesaid or in the condic{i}on or condic{i}ons of any of them. And moreou{er} yf the said Earle his heires executo{ur}s or administrato{ur}s should before thend of sixe yeres next followinge from the daye of the date of the same defesaunce p{ro}cure & cause all & singuler bond{es} & Recognizaunc{es} whatsoeu{er} remayninge or made or knowledged in the said courte of Ward{es} & lyu{er}ys wherein the said S{i}r Will{ia}m Waldegrave did stand bounde w{i}th the said Earle to be duelie & lawfullie cancelled orels a playne & sufficient vacat therevppon to be lawfullie made & entred & at all tymes from tyme to tyme in the meane while should sufficientlie save & kepe harmless the said S{i}r Will{ia}m Waldegrave his heires executo{ur}s & administrato{ur}s agaynst all p{er}sons of & from all & singuler the said bond{es} & Recognizaunc{es} whatsoeu{er} that then the said statute or writinge obligatorye of sixe Thowsand pound{es} [=L6000] by the said Earle soe knowledged and made to the said def{endan}t shoulbe [for shouldbe] vtterlie voide & frustrate But otherwise the said Earle for him his heires & executo{ur}s did will & graunte by the same Indenture of defesaunce that the same writinge obligatorye should remayne & stand in all his strength & effecte the same Indenture or any thinge in the same conteyned or specified to the contrarye thereof in any wyse notw{i}thstanding as by the said statut & the said Indenture of defesaunce therevppon made wherevnto the said def{endan}t for ^\\the// certenty thereof doth referre himselfe more at large it doth & maye playnlie appere w{hi}ch said statute of sixe Thowsand pound{es} & Indentures of defesaunce last above menc{i}oned & recyted are the same statute & defesaunce in the said bill of Compl{ain}t specied [for specified] to be made to this def{endan}t as this def{endan}t taketh it & were made by the said Earle vnto this def{endan}t for the discharge securyty & savinge harmelesse of this def{endan}t his heires & assignes & his & theire land{es} hereditament{es} good{es} & Chattell{es} of & from all & eu{er}ye the seu{er}all penall Recognizaunc{es} or bonnd{es} aforesaid made vnto her Ma{ies}tie as ys aforesaid for the debt & dutyes of the said Earle synce w{hi}ch tyme the said Earle hath as this def{endan}t taketh it broken or not p{er}formed all or the most p{ar}te of the matters conteyned in the said Indenture of defesaunce aswell by not satisfying & paying vnto her Ma{ies}tie or vnto her officers the seu{er}all somes of money menc{i}oned in the condic{i}on or condic{i}ons of the said recognizaunc{es} or Recognizaunc{es} or other bonde or bond{es} at the dayes & tymes therein lymited & appoynted nor at any tyme synce & in not satisfying the said courte & the Quenes Ma{ies}tie & her officers of & for the same from tyme to tyme accordinge to the trewe meaninge of the said defesaunce as also for that the said Earle did not before thend of sixe yeres next after the daye of the date of the same defesaunce viz w{i}thin syxe yeres from the fyften daye of August in the fowerteneth yere of the Quenes ma{ies}t{ies} reigne that nowe is [=from 15 August 1572] nor at any tyme synce p{ro}cure & cause all & singuler the said bond{es} or recognizaunc{es} aforesaid wherein this def{endan}t was bounde w{i}th the said Earle in the said courte of Ward{es} to be duelie & lawfullie cancelled orels a playne or sufficient vacat therevppon to be lawfully made accordinge to the true meaninge of the said defesaunce by meanes whereof the said seu{er}all penall recognizaunc{es} or bond{es} made vnto her Ma{ies}tie as aforesaid were & yett are forfeited vnto her heighnes wherevppon for non payment thereof by the said Earle & by his default in not takinge other order w{i}th her Ma{ies}tie or w{i}th her officers for the same as in right & accordinge to his owne agrement by the said defesaunce he ought to have done p{ro}ces ### for & in her ma{ies}ties name ^\\were// made & directed out of the said courte of ward{es} vppon the said recognizaunc{es} or bond{es} aforesaid or vppon some of them made by the said Earle & this def{endan}t to her Ma{ies}tie as aforesaid vnto the Sheryffe of the county of Suff{olk} agaynst this def{endan}t Wherevppon one Will{ia}m Clopton esquier then shiriffe of the said county of Suff{olk} by force & vertue of the said p{ro}ces ded [=did] attache the bodye of this def{endan}t & did as this def{endan}t taketh it extend his land{es} & seized diu{er}s of his good{es} for & toward{es} the satisfyinge & payinge of ^\\the// dett aforesaid due vnto her Ma{ies}tie by the said Earle as aforesaid to the greate disquiett hinderaunce & discredit of this def{endan}t being at noe tyme afore or syne [=since] arrested for any of his this def{endan}t {es} owne dettes and to the slaunderinge of the land{es} of this def{endan}t to be lyable & subiecte & to be com{m}only bruted reported & knowen abrode of all men to be lyable & subiecte to the forfeiture of such greate & soe many recognizaunc{es} or bond{es} vnto her Ma{ies}tie Whereby he this def{endan}t eu{er} synce hath bein & yet is verye much hindered and damnifyed many & diu{er}s waye [for "wayes"] as therebye as this def{endan}t taketh it his land{es} are & hath bein in accompt of purchasors of lesse value then otherwise they would have bein by much & ^\\further// thinketh that som{m}e p{er}sons hath beine discurraged to buye any his land{es} for the same cause w{hi}ch otherwise would willinglie have bought & have gyven greate pryces for the same And also thincketh it hath & still doth hinder the advauncement or marrayge of the children of this def{endan}t for that noe Ioynter or other estate of any of this def{endan}t{es} land{es} cane [=can] be made by this def{endan}t to any p{er}son or p{er}sons for the advauncement & p{re}ferrement in marryage of ^\\any of// this def{endan}t{es} children w{hi}ch shall not be subiecte & lyable to the said seu{er}all recognizaunc{es} or bond{es} aforesaid made vnto her Ma{ies}tie as aforesaid soe that it doth eyther vtterlie discurrage such as willinglie would matche w{i}th the children of this def{endan}t or otherwise they requier verye stricke greate & harde coven{au}nt{es} of the said def{endan}t for the saving harmelesse the said land{es} against the said seu{er}all recognizaunc{es} or bond{es} made vnto her ma{ies}tie as aforesaid together with recognizaunc{es} or bonnd{es} of greate somes for the p{er}formaunce of the same coven{au}nt{es} w{hi}ch otherwise they would not requier as this def{endan}t thinketh And further this def{endan}t by meanes aforesaid is in great daunger to forfaite many & greate Recognizaunc{es} & bond{es} w{hi}ch he this def{endan}t hath entred into to diu{er}s & sondrye p{er}sons vppon sales or exchaung{es} of diu{er}se the land{es} & ten{amen}t{es} of this def{endan}t by breach of couen{au}nte yf the same land{es} so by him sould or exchaunged eyther had bein or yett should be extended & deliu{er}ed vnto hir Ma{ies}tie for her heighnes dette aforesaid vppon the said recognizaunces or bond{es} aforesaid or vppon any of them as in extremitye of lawe they might have bein& yett may be as this def{endan}t taketh it w{hi}ch extremitye if it should be extended agaynst this def{endan}t the same should be to the vtter impou{er}ishinge of this def{endan}t & his whole familie besides diu{er}se other hurtes & damages w{hi}ch might happen vnto this def{endan}t his heires or assignes thereby more then he this def{endan}t can p{re}sentlie foresee agaynst w{hi}ch extremitye this def{endan}t hath onlye the said statute of sixe Thowsand pound{es} to recompence the losse w{hi}ch this def{endan}t hath allreadye susteyned & to defend such inconvenience as may hereafter happen to this def{endan}t by reason of the said bond{es} or Recognizaunc{es} or of some of them and further for or concerninge the decre alledged to be made in the nyne and twentith yere of her Ma{ies}tie reigne [=1586-87] in the said courte of ward{es} at the suit of certen the purchasors of the Earles land{es} whoe were incumbred & molested by p{ro}ces of extent out of her ma{ies}ties said courte by reason that theire land{es} were lyable & subiecte to the said obligac{i}ons made to her Ma{ies}tie for the said Earles dett{es} by w{hi}ch decre the whole dette as by the said bill supposed was staulled to be paied at dayes & eu{er}y purchasors [sic] fermor or ten{au}nt of the said Earles land{es} to be contrybutorie to the payment thereof & that the greatest p{ar}te thereof is paied according to the true meaninge of the said decre & that theire remayneth good & sufficient p{ro}vision for the resydue hereafter to be paid vnto her Ma{ies}tie accordinge to the said decre the w{hi}ch the compl{ainan}t{es} saye they neaded not to have done but in respecte of theire owne quiet for that they have diu{er}s statut{es} & Recognizaunc{es} of the said Earle of great penalties for their indempnitie & saving harmelesse soe that this def{endan}t cannot any wayes be damnified for answere therevnto this def{endan}t sayeth that he this def{endan}t doth not certenlye knowe what some or somes of money hath bein paid vnto her Ma{ies}tie for or towerd{es} the payment of the dett aforesaid ^\\by the said Compl{ainan}t{es} in this bill// & others the purchasors of thearles land{es} And further that the said decre in the said Bill menc{i}oned yf theire be any such is noe waye any benefitt or discharge of this def{endan}t his land{es} good{es} or chattells from the seu{er}all obligac{i}ons aforesaid agaynst her Ma{ies}tie as this def{endan}t taketh it And also sayeth that the decre menc{i}oned in the said bill was as this def{endan}t hath bein crediblie informed condicionall that yf the enstalement were not p{er}formed & kept accordinge to the true meaninge thereof then the said decre should be voide & that he this def{endan}t hath also hard that payment hath not bein made by the said purchasors accordinge to the said decre soe as the same decre is made voyde by theire owne default neythere have they in theire said bill shewed what p{ro}vision it is that is made for the payment of the resydue of her ma{ies}ties said dett yet vnpaid And further saieth that yf the said decre were not condicionall yet he hath hard saye that synce the makinge thereof it hath diu{er}s tymes by the courte of ward{es} bein called in question to be revoked & disanulled & whether it be revoked by the said courte yea or noe this def{endan}t Certenlye knoweth not but yf it be not revoked yet he is informed it is revocable at the will & pleasure of the M{aste}r and counsale of her Ma{ies}ties said courte of ward{es} and liu{er}yes at any tyme hereafter and that her Ma{ies}tie ys not any waye bounde by the said decre and therefore yf the payment have not or be not made vnto her heighnes accordinge to the same decre ### that she at her will and pleasure may resorte vnto the obligac{i}ons or Recognizaunc{es} made by this def{endan}t w{i}th the said Earle and cause newe p{ro}ces to be made out of the said courte of Ward{es} agaynst this def{endan}t vppon the same seu{er}all obligac{i}ons and recognizaunc{es} aforesaid whereby the said def{endan}t may have his bodye attached his land{es} extended and his good{es} seised and putt in execuc{i}on for the same as heretofore they have bein and w{hi}ch this def{endan}t the rather feareth for that he hath hard say that some such p{ro}ces have bein spoken of to be made out agaynst this def{endan}t by the said courte longe tyme synce the decre aforesaid supposed to be made And also he sayeth ^\\that// he hath harde saye that all or most p{ar}te of the said obligac{i}ons made vnto her Ma{ies}tie as aforesaid for the dett [for dett{es}] of the said Earle remayne still in the said coute of Ward{es} and ^\\are// in full force and strength vncancelled or any other waye made ffrustrate or voide by s[[ome]] vacat or any other sufficient discharge the w{hi}ch yf it be true this def{endan}t thinketh he may doubt whether any greate somes have bein paide by the said purchasors to her Ma{ies}tie for the said defendant or noe whereby this def{endan}t both hath bein and still remaynith in greate daunger of vtter vndoinge by reason of the said seu{er}all obligac{i}ons made vnto her Ma{ies}tie as aforesaid for the dett of the said Earle Soe that it is moste manifest and apparant that he this def{endan}t hath bein and still is greatlye damaged iniured discredited and hindered both in his reputac{i}on land{es} and good{es} by meanes of the seu{er}all recognizaunces or bonnd{es} w{hi}ch he this def{endan}t did enter into vnto her Ma{ies}tie w{i}th the said Earle for the dett of the said Earle as is aforesaid and for the seu{er}all causes and matters by him this def{endan}t herein before alledged whereby the said statute made and knowledged by the said Earle to this def{endan}t for his indemnity and savinge harmeless ys forfaited vnto the said def{endan}t and therefore this def{endan}t hath greate and iuste cause aswell in respecte of the said damage losse and hinderaunces w{hi}ch this defendant hath as is aforesaid allreadye susteyned and hereafter may susteyne to deteyne and kepe the said Earles statutes to him knowledged for his indemnyty securyty savinge harmlesse discharge recompence and satisfacc{i}on aswell of and for the bond{es} or Recognizaunces aforesaid as also of and from her Ma{ies}t{ies} said detts of Three Thowsand Three Hundred Sixe poundes seaventene shilling{es} and nyne pence haulfe penny ffarthinge [=L3306-17-9-1/4] and of and from eu{er}ye p{ar}te and p{ar}cell thereof and of and from all other Costes Charges losses and damages whatsoever w{hi}ch this defendant either hath bein at or systeyned or that he this defendant his heires executo{ur}s administrato{ur}s or assignes or any of them may by any wayes or meanes for or by reason thereof at any tyme or tymes hereafter be at or be drawen vnto and as cause shall Requier to sue and put in execuc{i}on the said statute and the benefitt thereof to converte to the vse of this defendant his heires executo{ur}s administrato{ur}s and assignes as by lawe and Conscience he this def{endan}t his executo{ur}s or administrato{ur}s maye doe for all w{hi}ch causes and for diu{er}s other greate and vrgent causes w{hi}ch this defendant can shewe vnto this honorable courte this defendant hoppeth and most humblie prayeth that he this defendant may have fre lybertie aswell to reteyne the said Statute of Sixe Thowsand pound{es} in his owne hand{es} as also to take and vse such benefitt therevppon as by the lawe he may iustlie take without that that this defendant hath any intent or meanynge to have any of the said purchasors molested or incumbred by his Statute Contrarye to equitie or to the end to cause any Statute or Recognizaunce knowledged by the said Earle to any the said purchasors to be forfaited onlie or of purpose to make trouble or molestac{i}on to any the purchasors or to sture vppe multiplicitie of suites and troubles to the hindraunce or vndoinge of any the purchasors as in the said bill ys surmised And without that that any other matter or thinge menc{i}oned or Conteyned in the said bill of Complainte materiall or effectuall to be answered vnto and not herein sufficientlie answered Confessed and avoyded trau{er}sed or denyed ys true All w{hi}ch matters the said defendant ys readie to averre and prove as this honorable Courte shall awarde and prayeth to be dismissed out of the same w{i}th his reasonable Costes and Charges in this behalfe sustayned.

Return to calling page.