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Chancery Depositions (PRO C9/25/32 Thos Clark v Jn Hunwick and Rich Caplyn)

22.2.1662 (Saturday 22 February 1662)

document 16700005

the several answers of Jn Hunwicke one of the defendants to the bill of complaint to Thos Clark says that he thinks it to be true that Jn Hunwicke in the bill named his late father deceased was in his lifetime lawfully seised in his demesne as of fee of certain lands tenements and messuages in the bill and he does believe that the said Jn Hunwicke father having occasion to borrow the sum of 100li did in his lifetime borrow the said 100li of Rich Stoakes and that for security of repayment of the said 100li with damages the said Jn Hunwicke the father about the time in the bill mentioned or at some other time the certain time when this defendant does not know did by his deed in the bill or by some other deed for the consideration of the sum of 100li to him then in hand paid by Rich Stoakes did bargain and sell to Rich Stoakes and heirs to the use of Rich Stoakes his heirs and assigns the crofts or quillets of land in the bill called Kings alias Peacocks and the meadow and two parcels of meadow in the bill called Holmes alias Goldwires Obitelands with appurtenances with a proviso or condition in the deed mentioned for the resumption of the lands by the payment of 100li as in the bill set for that Jn Hunwicke did mortgage the said land and premises unto Rich Stoakes for some other estate or longer term of years subject to redemption or payment of the sum of 100li with damages or the forbearance (the edge of this page is very damaged) or whether there were such covenants therein contained as in the bill is mentioned this defendant does not know neither does he know the time of the making of the mortgage or the contents thereof but he refers himself to the deeds of mortgage for the certainty thereof when the same shall be produced and this defendant says that he does not know or remember that he was party to the said deed or joined with his said father therein or in any of the covenants therein contained but for the same refers himself to the deed if the complainant shall produce the same this defendant having no counterpart thereof and says that he does not know that the 100li principal money was paid according to the proviso or condition of the mortgage but believes that it was not paid because he says that one Jn Hunwicke the father shortly after the mortgage was made did go unto the kingdom of Ireland beyond the seas as whereas this defendant takes it that he did live and inhabit for twenty years and upwards and was so poor as this defendant thinks and so indebted that he could not compass the redeeming thereof and this defendant believes that shortly after the mortgage became forfeit Rich Stoakes did enter upon the mortgaged lands and premises and took possession thereof and that Rich Stoakes and his assigns in the bill named have ever since received the rents and profits thereof and have sold divers and great quantities of wood and timber from the lands and premises and thereby made and raised themselves great sums of money much more as he believes than would satisfy and pay the 100li principal and the interest and damages for the same and a great overplus and the defendant says that the said Jn Hunwicke about twenty years since died leaving this defendant his son and heir and he takes it that the said mortgaged lands and premises by and after the decease of Jn Hunwicke his father or the equities of redemption thereof did lawfully and of right come and descend to him and he ought to have and enjoy the mortgaged lands and premises as heir to his father and the redemption thereof the complainant or those under whom he claims the lands and premises being by and out of the rents and profits of the lands and premises or otherwise satisfied and paid the sum of 100li with damages for the same and this defendant says that it is true that ever since the decease of his father that he has dwelt and inhabited the several parishes of Halstead and Earls Colne in Essex within four miles of the lands he says that he being a poor man and much indebted was not able to redeem the premises to disburse monies in any suit in law or equity for the recovery or redeeming thereof wherefore and for the said mortgaged premises have been since the mortgage so often granted and assigned from one person to another so as this defendant could not learn or discover how the estate and interest in the mortgaged premises lay nor of whom the claim this defendants right thereunto or who to sue for the redemption thereof until of late year and he says that of late he learns and does believe it to be true that the mortgaged lands and premises is by mean assignments and conveyances come unto your complainant by from and under Rich Stoakes the first mortgagee in such manner and by such conveyances and assurances as are in the bill of complaint mentioned and set forth he says that after he did know that the estate and interest in the mortgaged premises was come and was vested in the complainant this defendant has several times made his claim to the lands and premises and to the redemption thereof of the complainant and in friendly manner requested the complainant to come to an account with him concerning the rents and profits of the lands and mortgaged premises that have been had and received by the complainant and those under whom he holds and claims the same by from or under the said Rich Stoakes from the time of Rich Stoakes first entry unto the lands mortgaged premises and to accept such monies as shall be due and owing to the complainant of the said mortgage if any shall be found to be due to the complainant and upon payment thereof to grant and assign the lands and mortgaged premises to this defendant and his heirs as he conceives the complainant in all equity and justice ought to do the premises being well worth 12li a year above all charges and reprises the complainant being a rich man and taking advantage of the defendant's poverty and inability to contest the issue with the complainant for the same refused to give him any account or to accept any of the mortgage money as shall be found due him or to convey the land unto this defendant and his heirs but told this defendant and threatened him that he the complainant did put the lands in suit which this defendant before he should have or redeem the lands or used words too such effect on purpose to terrify and discourage the defendant in the obtain ing the redemption of the land and mortgaged premises wherefore this defendant says that it is true that this defendant has lately exhibited his bill of complaint against the complainant in court to be relieved concerning the mortgage and to have an account of the complainant concerning the profits of the mortgaged premises reassured upon this defendant and his heirs as he conceives and is advised is lawful and just for him to do and he says that he has in his custody one deed of feoffment dated 1.2.45Eliz1 whereby Jn Hunwicke the father purchased the mortgaged premises and other messuages lands and tenements of Eliz Ennewes widow and one transcript of the recovery of the said lands messuages and premises which was the easter term of 1Jas1 as of Francis Hunwicke demandants and Jn Hunwicke tenant and Eliz Ennewes vouchee and one ancient deed bearing date 5.2.1Edw6 whereby the right honourable Jn de Vere earl of Oxford did sell the premises to Rich Ennewes and heirs etc and these are all the writings and deeds he has concerning the lands and premises says he does not know nor believe that Jn Hunwicke the father by the pretended deed in the bill mentioned or by any other deeds or conveyance etc did make a conveyance to or for the use of Wm and his heirs of the premises or messuages to the use of Grace his wife mentioned for life and after her decease to the use of Wm Hunwicke younger son named or did make any conveyance to or to the use of Wm and his heirs in possession or reversion or remainder or that this defendant was party to any such deed or conveyance or privy thereunto or had notice thereof to his knowledge or remembrance and he says that he does not know or believe that Jn Little mentioned in the bill or any other at any time claimed any interest in the mortgaged premises or any part thereof by virtue of any conveyance made by Jn Hunwicke the father and the defendant or either of them nor that Jn Hunwicke the father or either of them did make any conveyance of the premises or any part thereof to Jn Little neither did he believe that Jn Clark in the bill named did at any time pretend any title to the mortgage etc from Jn Hunwicke the father or this defendant or either of them or that Jn Clark did seal a lease of the same to Jn Hutt in the bill named and that Jn Hutt brought an action for trespass and ejection firme# against Rich for the recovery and possession of the crofts and parcel of meadow or any part thereof or that Wm Hunwicke did then or at any other time discover to Rich Stoakes his pretended interest in the mortgaged premises as by the bill is pretended or otherwise neither does the defendant know or believe that Rich did thereupon or otherwise or at any time for the purchase of the interest of Wm and Grace of and in the mortgaged premises pay to or to the use of Wm Hunwicke the sum of three score and five pounds (65li) or any money whatsoever or did Wm Hunwicke covenant or agree with Rich that he and Grace would convey the mortgaged premises or any part thereof to Rich Stoakes and his heirs the defendant denies that he at any time had knowledge or was privy to any such articles or that Jn Hunwicke the father and this defendant or either of them in consideration of or otherwise did at any time agree that Rich Stoakes his heirs or assigns should have the crofts and meadow and mortgaged premises or any part thereof absolute and discharged of the condition for the reasons in the bill mentioned and the defendant says that Rich Stoakes about the time mentioned in the bill died but whether he died without an heir of his body he does not know nor does he know that Rich Stoakes had expended any money in defending his title to the mortgaged premises against Jn Clark or his lessees or against Jn Little and this defendant does believe that after the death of Rich Stoakes the mortgaged premises by an assignment as in the bill set forth and such conveyances as in the bill mentioned did come unto the complainant but for what consideration the same were or whether such monies were paid for them as in the bill of complaint set forth he does not know but he does believe that all the assignees and purchasers at the time of their purchase and before had notice of the mortgage and they all took the same charged with and subject to the equity and redemption thereof and in consideration thereof abatement made and allowed to them in their respective purchases and he says he does believe it to be true that Rich Stoakes Thos Stoakes Hen Whynn Thos Parrish Thos Greenwood Francis Greenwood and Grace his wife the assignees of the mortgaged premises did hold and enjoy the said lands as by the bill is pretended without claim challenge or demand by this defendant for he says that he has several times challenged and demanded the same of Thos Greenwood and also the complainant before the exhibiting of his bill of complaint but the certain times when he doth not remember but for reasons aforesaid he was not in any capacity to sue or take any course for the obtaining or recovery thereof and the defendant denies that he has at any time combined or confederated with Rich Chaplyn in the bill named and that this defendant ever had in his hands or custody or in the hands or custody of any by his delivery knowledge or privity any other deeds writings or evidences concerning the mortgaged lands or any part thereof save only the writings here before mentioned and set forth or that he has ever had or did ever see any pretended deed or bills mentioned to be made in or about .9.3Jas1 whereby the premises or any part thereof are conveyed or pretended to be conveyed to Wm Hunwicke and heirs in possession or remainder and denies that he has ever had the said deed or knows who has or ever had the deed etc continues to deny humbly pleads to be dismissed with his reasonable costs