to the third and fourth that at such time as this deponent was a suitor to mrs Kelton the wife of mr Rich Kelton to whom the said earl granted the said presentation and was thought likely to speed of his wife some of her friends doubting fearing or not well knowing this deponent's estate advised her secretly to make over such things as she had to her friends she trusted best that whatsoever happened she might be sure of some of her own and she herself though she hoped well yet considering their counsel was good gave her consent to the same and thereupon she conveyed divers things to divers persons her friends in trust and amongst the rest this grant of presentation she granted to mr Hen Joscelin being her own brother and the defendant's father but after marriage when she left all doubting and knew this deponent's estate to be good she told this deponent of that she had done and was willing he shall have those things in his own possession and keeping whereupon this deponent meeting with his brother Joscelin at Romford in Essex amongst other speeches said thus unto him brother Joscelin I have heard my wife speak of a grant made by my lord of Oxford to her late husband mr Kelton of the presentation to Yeldham parsonage and I understand you have it I would willingly see it and mr Joscelin answered brother it is in my keeping and I am willing to deliver it unto you when you will and when you come to my house at Torrells Hall I pray you call for it and you shall have it and if your occasion be to use it sooner I pray you send for it and it shall be sent you and he saith that his said wife told him that her assignment of the said grant to mr Joscelin was only in trust and was done by her said brother's persuasion and mr Joscelin himself also confessed the same to this deponent and he saith he never heard of any considerations given by the said Hen Joscelin for the same but he hath heard his late wife say many times and often that she knew and was well assured that if her said brother mr Hen Joscelin were living when this thing was done in question by the defendant her said brother would not for 1000li have made any challenge to the same or have claimed the same being but in trust with it to his sister's use and more he saith not to these articles