Simon Heyward
M Margt Heyward
Jn Unwin
the joint and several answers of
Simon Heyward
and
Margt
his wife and
Jn Unwin
three of the defendants they say
Simon
and
Margt
for themselves say that they believe it to be true that the complainant is cousin and heir of
Mich Heyward
deceased in the complaint named and
Simon Heyward
for himself says that true it is that
Mich Heyward
in his lifetime about the time mentioned in the bill of complaint for that purpose mentioned lend unto
Frances King
in the bill named 50li of money and believes that for the security of the payment thereof there was a lease of the lands in the bill known by the name of
Offingtons
to
Jn Heyward
who was his nephew for five hundred years believes that the lease was made to
Jn Heyward
in trust for the said
Mich Heyward
which lease bears the date on or about
30.5.1661
and the defendant says that he believes that about the same time there might be some treaty between
Mich Heyward
and
Frances King
for the absolute purchase of the inheritance of the same lands and premises and he says that within less than twelve months after the lease made to
Jn Heyward
there was a deed of feoffment with livery and seisin thereupon made by
Frances King
to
Mich Heyward
and his heirs of the same lands which deed of feoffment bears date upon or about
24.1.1662
and he says that he does believe that all the deeds and writings and particularly the lease and deed of feoffment were kept in the custody and possession of
Mich Heyward
and he believes he received the rents of the land to his own use during his life without giving any account thereof to
Jn Heyward
which lease and deed of feoffment together with several other old deeds and writings concerning the lands and premises this defendant has delivered to the other defendant
Jn Heyward
and to the complainant himself at their joint requests and does believe that the same are now remaining in the custody and possession of
Jn Heyward
and of the complainant or one of them and says that he the defendant makes no manner of claim whatsoever on the lands and premises aforesaid and these defendants
Simon Heyward
and
Margt
his wife for themselves say that they believe that
Mich Heyward
did die possessed of some personal estate but not to the value as in the bill of complaint mentioned nor or any great value to the knowledge of the defendants or either of them than is hereafter in their answer set forth but these defendants say that after the death of
Mich Heyward
the defendant
Simon
did cause an inventory to be made of the goods and chattels of
Mich
without any omission or under valuation to the knowledge of these defendants other than the several debts hereinafter particularly mentioned a true copy of which inventory with the names of the apprisers is annexed to this their answer which they desire may become part of their answer amounting to the sum of 33li2s2d and no more in case the particulars be rightly cast up but the defendants say that there were several sums of money which were put out by
Mich Heyward
to several persons hereinafter named which sums of money so lent upon several securities were omitted out of the inventory that is to say
Mich Heyward
did lend to
Eliz Jenner
of White Colne widow and to
Xoph Jenner
of Colchester in the same county 10li and for security of repayment thereof with interest they
Eliz
and
Xoph
by their indentures of lease bearing date about
29.5.1675
did demise to
Mich Heyward
messuage and tenement with appurtenances called
Offingtons
then in the possession of
Eliz
for the term of five hundred years at the yearly rent of one peppercorn providing that if
Eliz
or
Xoph
or either of them or their heirs executors administrators or any of them did pay or cause to be paid to
Mich Heyward
his executors administrators or assigns the sum of 11li4s at a certain date in the indenture particularly mentioned then the said indenture of lease would be void which sum
Simon Heyward
has received since the death of
Mich Heyward
as administrator of the goods and chattels of
Mich
and upon payment of the money cancelled the indenture of lease and that
Mich Heyward
did lend unto
Jn Izarson
of Earls Colne in Essex cooper 14li and for security of repayment with interest he
Jn Izarson
by his indenture of lease bearing date about
3.3.1678
did demise unto
Mich Heyward
his executors administrators and assigns one parcel of ground 8p with tenement or cottage thereupon lately built in Earls Colne to have and to hold to
Mich Heyward
his executors and administrators and assigns from the date thereof for one thousand years for yearly rent of one peppercorn on condition that if
Jn Isarson
his executors etc should pay to
Mich Heyward
his executors or assigns the sum of 14li15s at the time and place in the indenture of lease mentioned then the indenture to be void as in and by the said recited indenture more fully does appear of which sum 14li15s this defendant since the death of
Mich Heyward
has received 7li part of the debt and no more and the indenture of lease is yet remaining in the custody of this defendant and he further says that
Jn Izarson
on or about
3.1.1678
did surrender into the hands of the lord of the manor of Earls Colne according to the custom of the manor a copyhold messuage with appurtenances called
Carters
for the use of
Mich Heyward
and his heirs and assigns forever provided that if
Jn Izarson
his heirs executors administrators or assigns should pay to
Mich Heyward
or his heirs or assigns the sum of 28li1s6d upon
2.1.1679
the surrender to be void and
Jn Izarson
did also give bond to
Mich Heyward
to make good the surrender which sum of 28li1s6d this defendant received on or about
24.12.1678
as administrator of the goods and chattels of
Mich Heyward
and in full discharge of the mortgages and
Mich Heyward
did also lend unto
Jn Austin
8li17s and for security of repayment he
Jn Austin
and
Joanna
his wife she
Joanna
being examined before
Jn Eldred
esq steward of the manor of Earls Colne did surrender into the hands of the lord of the manor according to custom a part or parcel of a messuage or tenement called
Jouldings
then in the occupation of
Jn Austin
to the use of
Mich Heyward
his heirs and assigns forever upon condition of the repayment of the sum of 8li17s at the day and place in the surrender mentioned which surrender of a true copy thereof is now in the hands of this defendant and he says that this defendant never received the money or any penny thereof and says that he has heard that the money was tendered in the court of the said manor and that the steward of the manor did then declare that the money ought to be paid to the administrators of
Mich Heyward
and the defendant says that he has likewise in his custody a surrender from
Ann Drane
of White Colne widow of two crofts of copyhold land held of the manor of Barwick Hall in White Colne bearing date about
4.10.1678
made to
Mich Heyward
his heirs and assigns upon condition of the payment of the sum of 14li16s unto
Mich Heyward
his heirs executors and administrators upon or about
6.10.1679
of which money this defendant says he has not received as yet any part and he says that he had likewise in his custody a surrender from
Toby Leppingwell
of a copyhold tenement or messuage Little Kingstons held of the manor of Goldingtons in Colne Engaine bearing date
27.7.1677
made to
Mich Heyward
his heirs and assigns upon condition of the payment of 12li10s to
Mich Heyward
his executors or assigns on the
20.7.1678
as by surrender to which not being in the defendant's hands he does refer himself as does appear and he says that after the death of
Mich Heyward
he this defendant did upon or about
16.12.
did renew the surrender and took the same in his own name for the payment of the money as he hopes was lawful for him to do and he says that
Mich Heyward
did lend to one
Jn Hobard
10li and for repayment thereof
Jn Hobard
did surrender in the hands of the lord of the manor of Colne Priory the customary messuage and appurtenances in Earls Colne known by the name of
Saddens
to the use of
Mich Heyward
and his heirs but whether to the heirs and assigns or to the heirs executors administrators and assigns of
Mich Heyward
he knows not upon condition for the payment of the money the defendant says that after the death of
Mich Heyward
the defendant did on or about
16.12.1678
renew the surrender and take the same in his own name upon condition for the payment of the sum of 10li12s to the defendant his heirs executors and assigns upon the
17.12.1679
and he further says that he has a penal bill for the sum of 15li under the hand and seal of
Jn Grant
of Alham Essex
14.11.1676
for the payment of 7li19s on the
15.11.1677
to be paid to
Mich Heyward
his heirs or assigns and the defendant says that since the death of
Mich
on or about
8.1.1 679
he the defendant received of
Jn Grant
18s for two years interest due upon the penal bill which is all the money he has received on the bill and the defendant yet further says that he has also a penal bill for 15li under the hands and seal of
Wm Creeke
of Frating and
Jn Alston
of Earls Colne both in Essex dated
28.10.1676
which is for the payment of 7li19s to
Mich Heyward
his heirs or assigns on
29.10.1677
of which sum this defendant says he has received since the death of
Mich
on
1.2.1679
5li10s and no more and this defendant also has in his custody a penal bill for 4li for the payment of 40s to
Mich Heyward
his executors or assigns upon
16.5.
after the date under the hand and seal of
Rich Chaplyn
of Earls Colne dated about
25.3.1674
and he also has a bill under the hand and seal of
Dan Harrington
the younger of White Colne dated
27.7.1672
for the payment of 1li6d upon
27.1.1673 next after the date of the bill
upon which the last two mentioned bills the defendant says he never received any payment thereof and he says he has no other mortgages surrenders or other securities for monies lent out to any persons whatsoever by
Mich Heyward
other than what he has in this answer truly set forth and these defendants
Simon Heyward
and
Margt
say that they do not know of any intention of
Mich Heyward
to have any of the monies upon the mortgages surrenders or securities to the complainant as his heir neither did they at any time hear him declare himself to any such purpose neither do the defendants know of any directions whatsoever given to any persons that penned the mortgages or surrenders or any of them that the money thereby secured should be paid to his heirs and not to the executors as is vainly supposed by the complainant in the bill of complaint and the defendant
Simon Heyward
says that true it is that after the death of
Mich Heyward
letters of administration were in due form of law granted to the defendant as next of kin notwithstanding the endeavour used by the complainant to hinder the same and this defendant
Jn Unwin
for himself says that he claims no right or interest in the estate of the late
Mich Heyward
deceased and does deny that he has any writings whatsoever in his possession concerning the estate of
Mich Heyward
or any part thereof but says that the truth is that this defendant at the request of the other defendant
Simon Heyward
did go with
Simon
to the house of one
Giles Crow
in Colne Engaine where this defendant was informed that
Mich Heyward
died and the other defendant
Simon Heyward
did then deliver by this defendant a parcel of writings and desired him to bring the same to Colchester which the defendant at his request did and brought the writings to
Simon's
house and there left the same with
Simon
but what is become of them since he knows not except the other defendant
Simon Heyward
has the same which this defendant believes he has and this defendant
Jn Cliatt
for himself says that he is al together a stranger to all the matters and things in the bill of complaint contained and has no writings whatsoever concerning the estate of
Mich Heyward
and says that he was desired by the other defendant
Jn Heyward
to go with him to the house of
Simon Heyward
to peruse some writings there which this defendant did and when he had perused the same he left them in the possession of
Simon Heyward
and these defendants do all of them deny that they have endeavoured to inveigle or persuade any person whatsoever to conceal or suppress any mortgage or conditional surrender made to
Mich Heyward
or that they or any of them have received any other monies or taken any new mortgage or surrenders whatsoever of other than what the defendant
Simon Heyward
has in his answer set forth and
Simon
does believe being so advised that the same did by right belong to him as administrator of the goods and chattels of
Mich Heyward
and that he has a right to the same and
Simon Heyward
says that he believes that
Mich Heyward
did lease assets sufficient to pay his debts without the lease of
Offingtons
made to
Jn Heyward
and the defendants do deny all and all manner of practise and combination wherewith they are charged by the complainant without that any other matter or things etc they asked to be dismissed with charges
Simon Heyward
M Margt Heyward
Jn Unwin