Chancery Depositions (PRO C8/30/102 Wm Siday v Toby Cressener and Susan Church)

26.4.1624 (Monday 26 April 1624)

document 16400406

Wm Siday of Bewers St Mary gentleman shows that one Jn Church of Earls Colne gentleman was a man of ability and good work and had three daughters and two sons about twenty six years since there was a treaty of a marriage between Wm Siday and Mary Church eldest daughter of Jn and Jn promised that if he would marry Mary he would give 200li marriage portion with her 100li to be paid as soon as the marriage the other 100li to be paid on the death of Jn Church and Jn also promised he would procure one Ann Bunner being Jn Church's aunt and a singlewoman since deceased and of great wealth to give Siday 40li more and also promised that he would procure one dr Church his brother to give 200li more and that Jn would give plate and bedding of good value so Wm Siday married Mary and lived with her ever since and have eight children alive and Jn Church being old and not able to travel employed Siday in business tedious and chargeable Jn Church had a younger daughter Jane whom he intended to marry to Toby Cressener gentleman Jn entreated Siday to enter a bond for the payment of 250li for the payment of 120li to Toby Cressener which Siday was induced to do at the request of his father in law Jn Church for security of Jane's portion but Siday having sealed the bond Jn Church pretended great haste that it was near right and that there was no clerk to make security to Siday and Siday trusting him got no security very shortly Jn Church fell sick and died and by the advice of Toby Cressener and his eldest son Barth Church made his last will he appointed Barth to be his executor and died about eight years ago without giving any legacy to Siday his wife or any of the children or mentioning any of the formal promises he had made Barth Church proved the will and took all his father's personal estate and held it for years he too did not keep any of the promises his father had made to Siday though he knew of them and promised that he would Barth Church was then suspected of having killed a man and was outlawed for this Toby Cressener and one Joseph Siday gentleman Barth's son in law Susan Church his wife and Rose Church his mother wife of Jn got into their hands not only Barth Church's lands and goods but also those of Jn Church out of which the debts should be paid but they pretended they had got from his majesty a grant of Barth's estate and refused to make good any of Church's promises made to Siday to save him harmless against the bond made to Toby Cressener and Rose Church refuses to take out letters of administration of the goods of her late husband Jn to enable her to fulfil his promises and only lets Toby Cressener deal with the same Cressener received divers large sums from Jn in his lifetime towards payment of the debt of 120li due as his wife's portion for which Siday entered bond and Cressener has also received from Siday certain sums of money viz one time 20li another 50li another 10li towards payment of the debt upon the debt and also interest every half year until xmas.last at which time it was agreed between them that Cressener should deliver up the bond and Siday should enter a new bond for the residue of 40li due but Cressener instead has caused Siday to be arrested on the bond of 250li and threated him with severity to compel him to put in special bail and threatens to recover the whole sum he is remedy less and asks that Cressener sets forth what money and what interest he has received and all other details including whether Ann Bunner was living at the time the bond was made and also that Cressener Joseph Siday Susan Church and Rose Church set forth what has become of Jn Church's estate and that the remainder of the debt of 120li being in trust the proper debt of Jn Church may be paid out of his estate and that Siday may receive satisfaction out of the estate for his promises