Court of Requests (PRO REQ2/411/98 Robt Partridge v Clem Turner etc)

9.5.10Jas1 (Saturday 9 May 1612)

document 19900005

the said defendants by protestation not confessing anything material in the said bill contained to be true and saving unto themselves and either of them at all times hereafter all benefit of exceptions to the uncertainty and insufficiency thereof the said defendants saith and first the said defendant Clem Turner saith that where the said complainant by his said bill setteth forth and pretends that the said defendant did in or about 30.9.1Jas1 hire and take to farm of the said complainant one parcel of meadow ground called and known by the name of Curds Meadow containing by estimation 4a or thereabouts set lying and being in Earls Colne for the yearly rent or farm of 4li to have and to hold the said parcel of meadow with appurtenances unto the said defendant during the space of one whole year then next ensuing for the said rent of 4li to be paid unto the said complainant in or upon the feast day of st john baptist then next ensuing yearly and so from year to year at the same feast until the feast of michaelmas now last past and that the said defendant enjoyed the same accordingly which amounteth in the whole unto the sum of 16li to which part of the said bill for as much as there by it appeareth of the complainants own showing that the said demand of 16li is a debt grown of good and perfect demise and so issueth out of the profits of land which cannot be holden the said defendant having likewise by the complainants own showing accordingly enjoyed the said lands demised here the said complainant is to take his remedy by action of debt a t the common law and not to be relieved by this honourable court and therefore the said defendant Clem Turner demurreth in law and humbly observeth himself to this honourable court whether he shall be enforced to make any further answer unto the said bill of complaint and the said Edw Collins likewise saith that for as much as the said complainant doth allege the said defendant doth and stand indebted unto the said complainant in the full sum of 5li due and payable unto the said complainant and about the 25.3.9Jas1 and doth same were for money lent or wares sold when the said credit was given and where the same should have been paid to the end the said defendant might have been charged certain that thereupon this honourable court might have relieved the said complainant for the forbearance thereof and have also freed the said defendant from any further demand to be made by the said complainant for the said debt therefore the said defendant Collin also demurreth in law and likewise humbly refereth himself to this honourable court whether he shall be compelled to make any further or other answer unto the said complainants said bill of complaint all which matters these defendants doth aver and are ready to prove as this honourable court shall award and prayeth to be dismissed out of the same with their reasonable costs and charges by then in this behalf wrongfully sustained