Chancery Depositions (PRO C9/32/1 Robt Aylett v Mary Brand)

20.4.1665 (Thursday 20 April 1665)

document 16800005

answer of Mary Brand widow defendant of the bill of complaint of Robt Aylett gentleman the defendant saving herself advantage etc says that true it is that Edw Wesney named in the bill did borrow of Wm Brand her late deceased husband in his lifetime the sum of 20li for security of repayment thereof Edw Wesney did enter into two several bonds and writings obligatory each of them in the sum of 20li apiece with condition for repayment of 10li upon each bond after the lending of such money and before the repayment thereof her husband died but before his death made his will and made this defendant his sole executrix who took upon her the execution thereof and she further says that after the death of her husband Edw Wesney did repair to this defendant but not being provided to pay the 20li he Edw Wesney on or about 22.4.14Chas2 did enter into an obligation or writing obligatory to this defendant in the penal sum of 40li with condition for the payment of 20li12s upon 22.10.1662 next following and thereupon this defendant did cancel or deliver up the two bonds entered into as aforesaid to her husband and she says that she does believe that Edw Wesney was at that time reputed a man of ability but she denies that Edw Wesney did at any time after the entering of the bond to this defendant either by himself or any for him pay to her or any other person for her use or by her direction and appointment the said sum of 20li12s or any part but says that all the principle money and all the interest ever since is still justly due and owing to her and she also denies that she has not accepted any money in discharge of the obligation or that Edw Wesney did at any time desire her to deliver up the bond to be cancelled or that she did at any time did pretend that the bond w as mislaid or did promise to make search for the same or that she would cancel the bond or would deliver it to Edw Wesney or that she would give Edw Wesney any writing or discharge of the obligation as is falsely and vainly supposed by the complainant in his bill but she says in case Edw Wesney or any for him would have paid any money due upon the bond or in case the complainant would yet pay the same together with the interest and costs and charges at law and in the court this defendant always was and is always ready to deliver up the bonds without taking advantage of the penalties and forfeiture and she says that she does not know what losses Edw Wesney sustained after the borrowing of the money nor to what persons he was indebted or that he was indebted to the complainant in case he were at any time he were indebted unto him this defendant being altogether a stranger thereunto she says that she not being paid her said debt or any part thereof either principle or interest and hearing Edw Wesney was in a declining condition she as she was advised did intend to put the bond in suit against Edw Wesney and did desire Wm Adams of Earls Colne to acquaint the complainant therewith he being as she was informed uncle to Edw Wesney which Wm Adams afterwards upon or about 30.5.15Chas2 at the George in Halstead in Essex the said Wm Adams informed her and as she doubteth not but she shall be well able to prove it did at her request inform the complainant with this defendant's intention to sue Edw Wesney and thereupon as she was also informed by Wm Adams and doubts not to prove the complainant did send her by Wm Adams and desired her not to sue the said Edw Wesney upon the bonds and that in consideration that she would at the complainant's request forbear to sue Edw Wesney upon the bonds the complainant did promise to pay her so much money as Edw Wesney did then owe her before the feast of michael the archangel next following upon which promise she says she did forbear to sue Edw Wesney upon the bond from 30.5.15Chas2 till after the feast of st michael and has forborne to sue him and she does confess it to be true that the complainant not performing his promise she did about the time in the bill mentioned cause the complainant to be sued in the court of king's bench and declare against him for his non performance of his promise in such manner as he set forth in his bill of complaint as she hopes under the favour of this court was lawful for her to do but whether the complainant were privy to the lending of the money by her husband or any part thereof she does not know without that any other matter or thing material or effectual etc prays to be dismissed with costs