Thos Legge (inserted) the answer of Jas Godscall defendant to the bill of complaint of Edw Potter complainant the said defendant by protestation not acknowledging any matter or thing in the said bill of complaint contained material or effectual etc for full declaration of the truth in everything therein contained to the knowledge and remembrance of this defendant saith that Geo Potter and Eliz his wife being grandfather and grandmother to the said complainant that is to say father and mother of Edm Potter father of the complainant were seised of the messuage and grounds in the said bill mentioned to them two and the heirs of the said Eliz and they the said Geo and Eliz so being thereof seised did by their deed of conveyance bearing date 1.1.32Eliz1 and by one fine levied by and between the said Edm complainant and the said Geo and Eliz deforciants grant and convey 7a of land 10a of meadow and pasture parcel of the said grounds in the bill mentioned unto the said Edm their son father of the complainant and to his heirs as by the said fine remaining upon record and by their said deed thereof more plainly and at large it doth and may appear with this also that it was then agreed by and between the said Geo and Eliz and Edm that the said Geo and Eliz should notwithstanding during the term of their natural lives and of the longer liver of either of them freely quietly and peacefully have hold and enjoy the ground aforesaid and receive have and take the rents issues and profits thereof and for their security therein did then accept and take of and from the said Edm one obligation for the sum of 200marks with condition annexed for the quiet and perfect holding and enjoying thereof accordingly and the said Edm so being of the 17a of ground aforesaid seised did shortly after for the sum of 70li bargain and sell the same unto one Geo Maxey gentleman being the said Geo Maxey in the bill named and thereof did enfeoff the said Geo to have and to hold to him and his heirs forever to the proper use and behoof of the said Geo Maxey his heirs and assigns forever absolutely and without any manner of condition exception saving restraint or limitation whatsoever and in and by the deed of feofment thereof did also warrant the same unto the said Geo Maxey and his heirs against all persons and did also deliver unto the said Geo Maxey all the evidences and writings touching and concerning the same grounds and did take collateral security from the said Geo Maxey by deed that the said Geo Potter and Eliz should hold the said ground and take the rents and profits thereof without any the interruption or denial of him the said Geo Maxey or any claiming by from or under him during the term of their natural lives and without payment of any rent for the same according unto the agreement aforementioned made by the said Edm with them the said Geo Potter and Eliz in that behalf and according unto which said agreement the said Geo Potter and Eliz and their assigns did continue and hold the possession and occupation thereof and the rents and profits thereof did receive perceive and take to their own use and benefit and this defendant further saith that afterwards at about 38Eliz1 he the said Edm Potter having occasion as it seemeth to use the sum of 50li and being familiarly acquainted with one Andrew Godscall dwelling in Colchester Essex this defendant's kinsman did treat and deal with the said Andrew to procure this defendant to lend unto him the said Edm the sum of 50li and the said Andrew making earnest request unto this defendant in his behalf the said Edm being then a stranger to this defendant did at the request of the said Andrew lend unto the said Edm the said 50li and concluded and agreed for this defendant's security of and for the repayment thereof that this defendant should have and take from the said Edm an assurance of 17a of ground in Earls Colne aforesaid whereof as the said Edm then pretended he was lawfully seised in fee and for proof and manifestation thereof did then show forth unto this defendant a deed of feofment of the said 17a of ground made unto him the said Edm and his heirs from his said father and mother which deed then by him so showed forth unto this defendant was in truth a false and counterfeit deed the true and perfect deed of conveyance thereof unto him the said Edm from them the said Geo Potter and Eliz and made and the transcript of the fines thereof levied as aforesaid with other the evidences and writings touching the said grounds being formerly by the said Edm delivered unto the said Geo Maxey upon the sale as aforesaid and then in the custody and possession of him the said Geo Maxey by virtue thereof howbeit this defendant giving then credit unto him the said Edm therein and supposing the same to be a true and lawful deed according as the same in show and upon the view thereof did purport and as he the said Edm did then allege in that behalf this defendant rested then satisfied therewith and did thereupon take a conveyance of the said 17a of ground aforesaid from the said Edm unto him this defendant and his heirs upon condition of redemption thereof upon payment of the sum of 55li at one whole year's end as by the deed thereof bearing date 4.8.38Eliz1 doth and may appear and this defendant also saith that afterwards before the date of repayment of the said money he this defendant having heard by report that the said Edm had made a former conveyance and sale of the said grounds pretended to be mortgaged to this defendant as aforesaid and also heard of the interest of the said Geo Potter and Eliz reserved therein as aforesaid did therefore send unto the said Edm to provide for payment of the said 50li at the day limited in the said deed or otherwise that this defendant must and would presently upon his failing of payment thereof commence suit against him for the same howbeit the said Edm notwithstanding did not repay the said 55li or any part thereof and for the repayment thereof came unto this defendant to treat with him for some longer respite of time therein which this defendant would by no means grant as well in respect of his urgent occasions to use his money as also in respect that he greatly suspected and misliked his security aforesaid but in the end this defendant not being willing to trouble the said Edm with suits of law and being also willing and desirous upon some reasonable time of forbearance to be helpful unto him the rather also for that the said Edm did then affirm unto this defendant that he should within one month next following receive a good sum of money wherewith to discharge the said debt or if he failed thereof would then provide by sale of land to make payment thereof and therefore earnestly entreated this defendant to forbear hi m but one month therein this defendant was contented at and upon his earnest entreaty request and desire to give unto him one month's respite more of and for the repayment thereof so as this defendant might rest the more secured in and for the repayment thereof at the promised time by a statute to be acknowledged by the said Edm to this defendant for the same whereupon he the said Edm did thereunto then willingly assent and agree and did then and thereupon acknowledge to this defendant one statute of the sum of 200marks with promise of repayment of the said 55li within one month then next following but whether or no there was any defeasance thereof made to that effect this defendant remembreth not howbeit the said Edm then as before failed repayment thereof at the day promised and this defendant still hoping and resting notwithstanding any expectation of the payment thereof he the said Edm in or about the month of november following and before the satisfaction or payment of one penny thereof died by and after whose death this defendant fearing in truth the loss of his debt by reason of the weakness of his security as aforesaid did in .12.40Eliz1 purchase out of writ of extent unto the sheriff of Essex directed to extend the lands and goods of the said Edm Potter deceased and an inquisition thereupon being had and taken in Earls Colne aforesaid where the said Edm did at the time of his death inhabit and dwell and long before had dwelt by the oath of the chiefest and substantialist men there inhabiting the goods of the said Edm were apprized and valued at 41li6s8d and no more which said 41li6s8d only was afterwards paid unto this defendant and they did also find that the said Edm was seised as of his freehold during the lives of the said Geo Potter and Eliz of 13a of land parcel of the lands called Gilberts in Earls Colne aforesaid of the yearly value of 20s as by the said inquisition returned in this honourable court of chancery there remaining upon record more plainly and at large it doth and may appear and hereupon he the said Geo Maxey presently informed and advertised that his lands were extended for the debt of this defendant did then presently after repair and come unto this defendant to London being before that time altogether a stranger and unknown to this defendant and did acquaint this defendant with the sale of the ground formerly made unto him the said Geo Maxey by the said Edm of the truth whereof this defendant being desirous to be fully satisfied as well by sufficient proofs as also upon the view of the evidences therein and by the advice of his counsel learned in the laws did in truth upon due examination thereof and upon the judgement of his counsel learned find the estate of the said lands to be in the said Geo Maxey and his heirs by virtue of and according unto the sale unto him made as aforesaid and then this defendant and the said Geo Maxey falling into some communication and speech in and about the buying thereof did in the end conclude for the same for the sum of 80li and accordingly this defendant did in truth pay unto the said Geo for the same the sum of 80li and the said Geo Maxey for and in consideration thereof did in or about .2.40Eliz1 by deed enrolled bargain and sell grant and convey the 17a of ground aforesaid unto Jas Godscall one of the sons of this defendant and to his heirs forever and by reason of the continuing right and interest of the said Eliz as aforesaid she surviving the said Geo Potter this defendant was then afterwards also informed to compound agree and buy out and did buy out the right interest and estate of her the said Eliz as also the right and title of dower of Margt the late wife of the said Edm at and in the lands aforesaid and did take from them their several assurances as by the releases and other conveyances thereof made it doth and may plainly and at large appear and this defendant further also saith that the said Eliz being seised in her demesne as of fee as aforesaid in the tenement in the bill mentioned together with the gardens and yards unto the said messuage belonging did then also for the sum of 30li sell the same to this defendant and thereof did enfeoff this defendant to have and to hold to him and his heirs to the only proper use and behoof of this defendant his heirs and assigns forever absolutely and without any manner of condition caution or exception whatsoever and in and by her deed of feofment thereof did also warrant the same unto this defendant and his heirs against all persons and since which time also this defendant hath extended and laid out in and about the amending and repairing of the messuage and tenement aforesaid the sum of 20marks or thereabouts and hath paid for arrearages of rent of and for the premises incurred and due to the lord of the manor of whom the same be holden as well before that time of lending the said 50li as also since as by the acquittance thereof may appear the sum of 13li or thereabouts and also was enforced to expend and did expend and lay out in and about the said extent the sum of 20li or thereabouts besides many other pains charges troubles and expenses for and concerning the premises aforesaid and could raise very little or no rent or benefit of the grounds aforesaid by reason of the grounds aforesaid by reason of the many pretended titles and claims therein as aforesaid until such time as this defendant had as by his great travail costs and charges purchased and freed the same as aforesaid and as to the evidences i n the said bill mentioned this defendant saith that he hath not or to his knowledge had any evidences belonging to the complainant and such evidences as he hath which do concern the messuage or tenement and lands aforesaid or any part or parcel thereof by him purchased as aforesaid do in all right and equity belong unto this defendant only as by his counsel learned he is informed without that that the said Edm Potter father to the said complainant was in his lifetime lawfully seised in his demesne as of fee of and in the said messuage or tenement called Gilberts and of and in divers lands meadows and pastures woods and hereditaments with the said messuage occupied and enjoyed as in the said bill is alleged or that the said Edm Potter did by recognizance in the nature of a statute staple stand bound to this defendant the defeasance of the said statute being for the sum of 40li or thereabouts at or within one year next after the acknowledgement of the said recognizance and defeasance thereof made as in the said bill is surmised or that after the death of the said Edm the said messuage and premises descended and came as of right it ought to descend and come unto the said complainant as son and heir to the said Edm as in the said bill is pretended and without that that the said defendant having a purpose by unjust and wrongful dealing to enrich himself by the spoil of the said complainant and his father's estate taking opportunity of the complainant's infancy and want of friends shortly after the death of the complainant's said father and long before the said 40li grew to be due by the defeasance of the said recognizance very unduly and unconscionably caused an extent to be had and sued forth upon the said recognizance and by means of the said extent possessed himself of the goods and chattels of the complainant's said deceased father and of the said messuage and tenements and the lands in the said bill mentioned together with the said defeasance of the said statute and all the evidences charters escripts muniments and writings concerning the messuage and lands aforesaid and by colour thereof detaineth possession of the premises as in the said bill is most falsely surmised and without that t hat the extent of the premises was well worth 10li per annum ultra reprizes or that this defendant enjoyed the same for the space of ten years or that the extent of the said goods and chattels of the complainant's said deceased father did amount to more than the due debt or the forfeit of the said recognizance or that the defendant having gotten into his custody the evidences concerning the premises aforesaid out of a longing and thirsting desire to strip the complainant out of the inheritance of the said messuage and premises hath most fraudulently covetously practised and combined with the said Geo Maxey gentleman in the bill named and entitled the said Maxey to the premises alleging and pretending that the complainant's deceased father had mortgaged the said premises unto the said Maxey and had suffered the same to become forfeit unto the said Maxey as in the bill is also untruly alleged and without that that this defendant by colour of the pretended title of the said Maxey and by the abetment practise confederacy and procurement of the said Maxey holdeth and detaineth the possession of the said premises from the complainant and the profits issues and revenues of the premises doth receive and take to his use contrary to all equity and good conscience and hath made and contrived divers secret estates of the premises to themselves and others to the complainant unknown to the end and purpose the complainant should not know against whom to bring his action at the common law for the recovery of his right and title to the premises as in the said bill is most unjustly pretended and without that that any other matter or thing etc Beriffe