Chancery Depositions (PRO C2/l9/19 Peter and Ann Leonard v Geo Mowle)

18.10.1620 (Wednesday 18 October 1620)

document 16001142

(no date given) answer of Geo Mowle defendant to the bill of complaint of Peter Leonard and Ann his wife complainants the defendant having exception etc says it is true that Jn Barrett in the bill named was in his lifetime lawfully seised as he takes it in his demesne etc in Colne Priory of two messuages and tenements and a customary croft of land as in the bill expressed and that after the death of Jn Barrett the lands and tenements did descend to his daughters Ann and Mary either as daughters or as coheirs of Jn Barrett son and heir of Jn Barret the father which Jn the son as this defendant remembers did overlive his father died without issue of his body for more certainty whereof this defendant refers himself to the court rolls of the manor aforesaid or to the copies of the same and he further says that it true it is that afterwards Ann took to husband Wm Payne in the bill named and Mary took to husband this defendant as in the bill alleged and that soon after the several intermarriages Ann and Mary were admitted tenants to the customary lands and tenements and this defendant and Payne did thereupon at their equal cost and charge and in equal parts and portions pay and disburse to the lord of the manor whatsoever fine was then assessed and imposed for their wives admittance and he denies that Payne upon any such cause pretence or promise as in the bill or in any other sort or manner at all did pay disburse or lay down to the lord of the manor the whole fine for the admittance or any more thereof than only a rateable part for Wm Payne and Ann proportionable to the part the defendant and Mary and he says that true it is that Wm Payne being divers sundry times in his lifetime justly and truly indebted to the defendant in divers and sundry sums of money for mercers and woollen drapers wares at divers and sundry times by him bought of this defendant and by monies lent by the defendant to Payne and disbursed to and for his use by his appointment and for the diet of himself and his family he Wm Payne for the satisfaction of the sums of money to the defendant as grew due unto him did in his lifetime authorize and appoint the defendant divers and sundry times to receive and take unto his own use the whole yearly rent of the premises which for the most part of the life of Payne did not amount to above 3li6s8d per annum and that by force and virtue thereof and upon that occasion and for such purposes aforesaid only and not otherwise he the defendant did divers and sundry times in the lifetime of Payne receive and take to his own use the whole yearly rent of the premises so far forth as the same would satisfy him his just and true debt and no further and he does deny that at any time he did sell away the barn malthouse and stable in the bill mentioned or nay of them or any of the houses edifices or buildings parcel of the premises or receive any payments thereby as the complainants in their bill have most scandalously and untruly alleged howbeit true it is that he the defendant did in the lifetime of Payne did by his appointment and the license of the lord of the manor pull down a piece of old ruinous building parcel of the premises being in exceeding great decay and ready to fall and therewith and in place thereof did erect set up and add to the premises certain housing and building more fit and convenient the charges whereof was discharged by him the defendant and he the defendant arrests as yet unsatisfied of so much as of right ought to have been paid by Payne thereof and he does confidently affirm and say that he did not at any time receive any more of the yearly rent of the premises than the moiety thereof only which of right belong to him and as it were by the appointment of Wm Payne and for and in satisfaction of the proper peculiar debt of the said Payne due to him the defendant in such manner as he has before showed and he further says that he does not know neither does he believe that there were any such arrearages of quitrent incurred and due for the premises and paid by the complainants or either of them to the lord of the manor for and by and during the time that he the defendant did receive any rent or had any interest therein howbeit if any such arrearages were repaid by the complainants or either of them as is surmised yet the same being about 29s9d he hopes he shall not be compelled to pay any part thereof in regard that he in the lifetime of Payne did disburse and pay to the lord of the manor the sum of 50s or near thereabouts as arrearages of quitrents incurred out of and for the premises and as yet has not had or received any satisfaction or recompense either from Payne or from either of the complainants for and towards the same without that he this defendant did at any time promise to pay the complainants or either of them the moiety of the rent by him received from the premises or that he did confess or acknowledge say or affirm unto Payne or the complainants or either of them or any other person that he the defendant had sold away any of the houses edifices or buildings of the premises or taken or received any money there for or that he promised to pay the one moiety he had received for the same unto Wm Payne as the complainant has unjustly surmised and maliciously feigned and without that at such time as Payne and his wife and this defendant and his wife were to be admitted to the premises he this defendant pretending himself to be in want of monies did entreat Payne to disburse and lay down to the lord of the manor the whole fine payable for the premises with promise of repayment or that Payne did thereupon pay and disburse the sum of 6li for the fine in such manner sort and form as in the bill is untruly showed and without that any other not answered sufficiently etc he asks for his reasonable costs