MRP: C10/89/61 f. 5
C10/89/61 f. 5
Abstract
Transcription
//The joint and severall answeres of Rebecca Cole: John Cole: Augustine Newbold, and William Newbold//
//four of the Defend:ts to the Bill of complaint of Edward Gibbon complaynant//
//
//
//
//
//
//
//after the said Thomas and Martha intermarryed, And this Def:t claymes the benefitt of the said Judgement accordingly, the same being in full force, but hath not as yet sued out any ??scire facias or//
//XXX any proceeding thereupon, or leavyed or received any money thereupon in regard shee cannot yet discover an estate of the said Thomas Hendra where with to charge the same//
//but intends to doe it so soone as shee can discover it And this Def:t is informed and beleeves that the said Judgment is entred upon the nine hundred seaventy and sixth Roll and saith//
//it is soe long since that shee doth not remember whether there was any defeasance of the said Judgm:t or not in regard shee employed and intrusted one Augustine ??Garland her brother//
//to take the same who if he be liveing is at Tangeir as she beleeves of who told this Def:t that the matter was finished so that this Def:t looked no more after it, but she cannot now find the//
//said Defeasance so that shee beleeves it is lost by meanes of the Late Dreadfull fire in London or otherwise, but the Agreement betweene her and the said Thomas Hendra was, that//
//if he should not at his death leave the sayd Martha a cleere estate of forty pounds per Ann for her life, and which shee might enjoy dureing her life that then this Def:t should have the Benefitt//
//of the said Judgment to her owne use to dispose of as shee should thinke fitt And saith she doth not yet knowe of any estate that the said Thomas hath left the said Martha And this Def:t Rebecca Cole saith//
//that although she did not lend any money to the said Thomas Hendra or any thing was due to her at the tyme of the said Judgment from the said Thomas Hendra yet in regard she gave, paid//
//and satisfyed the said Thomas Hendra w:th her owne money & estate as aforesaid she tooke the said Judgment to her owne use of as aforesaid And for further answere to the said Bill every of//
//the said Def:ts respectively for himselfe & herselfe say they know nothing of the bill in the now bill of complaint menconned to be by the complaynant exhibited in or about Hillary//
//Terme in the twentieth yeare of his Maj:ties Raigne, nor what answeres were made or put in thereunto, nor doth the same or proceedings thereupon concerne them or any of them//
//as they conceive & are advised, nor doe they or any of them know that there is such Sequestracon against the said Martha Hendra as by the bill is sett forth, nor what proceedings are//
//had thereupon And these Def:ts doe respectively for himselfe and herselfe deny all practice and combinacon laid to their charge by the said bill of complaint, nor doe//
//the XX or any of them know that the complaynant is a stranger to or not acquainted with the procceedings
Commentary
