Chancery Depositions (PRO C2 Eliz1 H.16/55 Roger Harlakenden and wife v Thos Dewhurst)

28.1.1599 (Sunday 28 January 1599)

document 15700284

answers of Thos Dewhurst Wm Pitt and Hen Best (abbreviated) they say that Thos Dewhurst was left 1500li at the age of twenty one years and that the younger sons were left 200li apiece they say they have gathered together 600li for payment of the other legacies and they say that Roger Harlakenden hath moved to have the said younger children's stocks or moiety in his own hands and custody pretending the illegible text same by lending abroad to be perilous and dangerous but intending as these defendants do think to employ the same to his own affairs which his motions both the said mr Maynard and the said two defendants have and do dislike of thinking it a safer way for the good and security of the said children to have the money wherewith they are to be paid their legacies to be lent out to able and sufficient men which do crave to borrow they say that mr Harlakenden upon a petition exhibited to your honour obtained your honour's letters directed to mr Tindal and mr Lambert for the examining (torn) in .6.last as these defendants now remember and accordingly the said mr Tindal and mr Lambert required these defendants to come before them which they did accordingly and upon the hearing and full examination of the said cause yielded (torn) unto them the bonds which were and yet do rest in the custody of the said Hen Best were for so many of them as had been made and taken either for money lent or old debts better secured since (torn) taken to the said Roger Harlakenden and Thos Dewhurst jointly in their own names and the said bonds retained in the custody of the said Hen Best by the consent of the said Wm Pitt to the only end and purpose that the money then received and the residue to make up the said 900li when it should come in should be from time to time employed and lent to sufficient persons for the benefit and more security of the said children rather than it should come to either of the said executors hands to be by them used and employed in their or either of their own (torn) and Tindal and Lambert upon the said hearing of the said cause think it meet as these defendants do remember the certainty whereof they do refer to the report of the said Tindal and Lambert that the said stocks of 900li and as much as was already received of the said residue when it should come and should be lent out from time to time to able and sufficient persons by the said Wm (torn) and Hen Best with the privity and consent of the said executors the said bonds be always made to the said executors in their own names and if at any time hereafter any difference should grow illegible text overseer by special request and appointment of the testator to decide the controversy and censure the matter as he thought best concerning the parties to be bound and the said assurances so to be taken from them should be committed into the custody of the said Hen Maynard indifferently to be kept which order mr Lambert and mr Tindall did agree should be put in writing and should conclude and bind all the parties to the said cause and the said mr Harlakenden as it should seem nothing contented with that agreement shortly after went out of town and these defendants perceiving that he was slow to call on the matter any further went divers times to the said mr Tindall and mr Lambert to the end to have them finish the said commitment by making their report to your honour but your honour's warrant by which they examined the cause being then either lost or mislaid or otherwise taken away by the said mr Harlakenden as these defendants greatly suspect the said Tindall and Lambert could not without the warrant make any certificate or report by reason whereof the said cause hath so stayed ever since until the exhibiting of the bill of complaint in this honourable court which said conclusion made by the said mr Tindall and mr Lambert these defendants for their parts have been and are still ready to perform but the then sudden departure of mr Harlakenden out of town without giving these defendants any notice thereof caused these defendants to employ and lend out 300li parcel of the said 600li aforesaid which was received in a little before the examination of the said cause and then ready in purse with the privity and consent of the said Thos Dewhurst and whereas the complainants do by the said bill seem to offer to relinquish their intermeddling with the said children's stocks these three defendants or some of them will give their assurances to pay their said stocks at the time appointed by the said the said will and to discharge the said complainants of the same etc