Chancery Depositions (PRO C2ElizH.19/11 Roger Harlakenden v Derehawgh and Cockerell)

29.11.1597 (Tuesday 29 November 1597)

document 15600346

the joint and several answers and demurrers of Edw Derehawgh esq and Thos Cockerell gentleman defendants to the bill of complaint of Roger Harlakenden esq complainant the said defendants saving to themselves all exceptions and advantages to the said bill of complaint for answer to the said bill so far as these defendants knowledges do extend as to the procuring testimonial whereby aged persons should set down that the bridge at Earls Colne in the said bill mentioned ought to be repaired by the said complainant for their parts do say that if they have done the same truly then it is no more than by law they are advised they may do if otherwise then the complainant hath his remedy as a misdemeanour in some other court and not in this honourable court and they for themselves do severally say that they have not in their custody any writings books of accounts court rolls muniments or other evidences to their knowledge whereby it may appear that the complainant is not charged with repairing the same bridge in the bill of complaint mentioned and to the rest of the bill they do demur in law and they do say that they be dwelling in the sa id county but they hope this court upon these defendants answer will not suffer the complainant to examine who ought to repair the same bridge (torn) and if he had any witnesses to produce for his discharge he might have them examined at a general sessions in county of Essex holden shortly after michaelmas last past had not himself used means as these defendants were given to understand to have the same delayed and these defendants are advised by their counsel learned in the laws of this realm that this court will not compel these defendants to be at the charges to join in commission or charge them to prove or disprove the suggestions of the complainant's bill who ought to repair the said bridge and being a matter of misdemeanour towards her majesty and the complainant's not repairing the same bridge if by law he be chargeable the which cause they demur in law whether they shall be compelled to answer thereunto and most humbly pray to be dismissed out of this honourable court with their reasonable costs and charges Chiborne Robt Barker