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Chancery Depositions (PRO C3/257/6 Wm Barnarde v Mary Barnarde widow and Rich Siday)

29.6.1612 (Monday 29 June 1612)

document 16000767

the joint and several answers of Mary Barnerd widow and Rich Siday defendants of the bill of complaint of Wm Barnerd complainant dated 29.6.1612 saving benefit of exception etc answer and say that they think it to be true that Edw late earl of Oxford named in the bill was in his lifetime seised of an estate of inheritance in the manor of Barwick Hall named in the bill of complaint and the earl being so seised did marry and take to wife Eliz now countess of Oxford named also in the bill and these defendants do also think it to be true that afterwards the earl did sell the manor unto sir Jerome Weston knight also named in the bill and afterwards sir Jerome died seised of the manor and after his death the manor was as the defendants believe descended unto sir Rich Weston knight as son and heir to sir Jerome Weston and within a short time after the death of sir Jerome Weston the said sir Rich Weston his son did by his deed indented in or about the month of .1.2Jas1 etc demise grant and farm let unto Wm Bernarde the father of the complainant the site of the manor with certain houses buildings lands tenements and hereditaments mentioned and contained in the indenture for certain years yet to come and not expired which and under such covenants exceptions and conditions reservations payments and agreements as are contained in the indenture whereupon for the more certainty thereof the defendants do refer themselves more at large it may appear and the defendants also do confess that they think it to be true that after the making of the lease the countess of Oxford did recover a third part of the said mentioned demised premises from the said sir Rich Weston for her dower and had judgement and execution thereof accordingly and now yet does hold and enjoy the same in severalty by reason thereof the defendants do also believe that after the recovery and judgement and execution delivered to the countess the said sir Rich Weston did abate one third part of the rent reserved to him by the indenture as in law and justice it ought to be and these defendants do also confess that they do also think it to be true that the said Wm Barnarde the leasee within a short time after the execution died possessed of the other two parts of the lease of the said lands tenements and hereditaments mentioned to be demised as aforesaid and this defendant Mary Bernarde for herself further answers and says that she never did nor meant to set forth any such will or take upon herself any such executorship as mentioned or pretended in the bill of complaint for this defendant was willing and yet is well pleased and contented that the complainant should have taken and enjoyed the sole administration of all the goods and chattels of his father towards the payment of his father's debts and concerning the supposed bargain and assignment of the lease of the manor of Barwick Hall in the bill supposed to be indirectly obtained and covetously assigned by the complainant to the defendant Mary Bernarde by the solicitation or procurement of Rich Siday the other defendant these defendants do thereunto answer and say that the bargain between Mary and the complainant made for the lease was on her part made plainly and truly and without any intent of fraud or circumvention and the complainant did give the said mr Simpson named in the bill directions to make the assurance thereof which the said mr Simpson being a man of good understanding and honesty and experience has truly and faithfully done according to their true intent and meaning as these defendants are verily persuaded howsoever the complainant now unjustly seems to clamour both against mr Simpson and his own writings written by his own direction and procurement without that the complainant did trust Rich Siday to give instructions to mr Simpson for the drawing and perfecting of the assignment as in the bill is most untruly alleged for these defendants do say and affirm that the same assignment as they do take it was drawn and made with all indifference and according to their agreement and for the consideration therein mentioned and contained without that the said assignment was made contrary to the meaning and agreement of these defendants and of the complainant as in the bill is untruly alleged and both these defendants are so far from any desire to have any contention or suits with the complainant what heretofore they have been very forward and desirous that all questions whatsoever should be quietly ended between them which they are persuaded has been long since effected if some other persons had not hindered the same and both defendants are still willing and desirous of any good and just end to be made between them by any indifferent persons whatsoever without that that any other matter or things contained in the bi ll material or effectual Robt Sandford