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Court of Chancery: C2/Chas1/P90/43: Thomas Preswicke & Elizabeth his wife v Robert Atkinson als Atkins
The
complaint of Thomas Preswicke of London, Grocer & Elizabeth his
wife late the wife & executrix of the last will & testament of
Thomas Sympson deceased and one of the daughters of Richard Dynes
........ of London deceased
16.8.1637
[note some damage and loss to the upper right hand side of the document]
In all humblenes Complayninge shewe unto your good Lord your daylie
Orator and Oratrix Thomas Preswicke of London Grocer and Elizabeth his
Wife late the wife and executrix of the last will and testament of
[Thomas Sympson] ....................................... of London
deceased, That the said Richard Dynes was heretofore in his Lifetyme
and att the tyme of his decease lawfully interessed and possessed of
and in one Messuage or Tenement and Brewhouse with the
......................................... Whitecrosse Streete London
which hee held by Lease from the Company of Fishmongers in London for
diverse yeares then and yett enduringe att and under the yearly Rent of
Tenn pounds or thereabou[ts]
............................................... Dynes therein att the
tyme of his decease was well worthe to bee sold the some or value of
five hundred pounds or thereabouts over and besides the Brewing
vessells Coppers and implements of Brewing
.................................................... att his deathe
allsoe Lawfullie possessed thereof and of a stocke in debts due for
beere delivered and of Maulte to the quantity of five hundered quarters
or thereabouts then beinge and remayning in and abo[ut]
............................................. of thirtie shillings the
quarter or thereabouts and of diverse parcells or quantityes of hopps
and other provisions for Brewinge All which Brewing vessells stocks of
debts Maulte hoppes and other prov[isions]
........................................... or value in the whole of
fower thowsand and five hundred pounds or thereabouts over and besides
the Lease of the Brewhouse aforesaid and was allsoe possessed of
another Lease for diverse yeares then and yett enduring
........................ which Lease was then worthe to bee sould the
some or value of three hundered pounds or thereabouts and was allsoe
possessed of diverse other debts by Specialties and upon Mortgage to a
great value amongst which ................................ or
thereabouts oweing unto him the said Richard Dynes by one Barnet which
was secured by Land in Barking in the Countie of Essex to a greater
value and there was another debte of fourty pounds owing unto hym by
one ..................... Lane aforesaid and there was fourty pounds
more owing unto him uppon the Mortgage of a house in or neare Puepoole
Lane neare Grayes Inne in the Countie of Midd[lesex] and diverse other
debts to a great value were then Likewise owing .................. and
otherwise and the said Richard Dynes was then allsoe lawfully
interessed and possessed of and in sundry other Leases for yeares goods
Chattells drayes Carts horses plate Jewells housholde stuffe ready
money and other personall ................... personall good estate
whereof hee was possessed att the tyme of his decease amounted and came
in true value to the some of Sixe Thousand pounds and upwards And the
said Richard Dynes being of the said Lease of
.......................... debts maulte and hoppes and of other the
debts Leases ready money goods Chattles and personall estate possessed
as aforesaid And having issue two daughters (vidz) your Oratrix
Elizabeth then the wife of the said Thomas Simpson and
................. Robert Atkins and intending after his debts paid and
some small Legacies by hym intended to bee given away to his freinds by
his last will discharged to Leave the residue of his estate to bee
equally divided betweene them p[ar]te and p[ar]te like
...................... sicknes ... while hee was of perfect memory
Ordayne and make his Last will and Testament in writinge bearing date
the fourteenth daie of January in the yeare of our Lord god One
thousand sixe hundred thirtye and five And .......... persons therein
particularly named diverse severall Legacyes amounting in all to the
some or value of One thowsand pounds or thereabouts And all the rest
and residue of all and singuler his goods Leases Chattles and
estate whatso[ever] .................. bequeathed (his debts
funerall expences and Legacies being payed and satisfied) hee gave and
bequeathed unto his said two sonnes in Lawe Thomas Simpson and Robert
Atkins to bee equally divided betweene them whom hee mad[e]
...................... of that his said will Conceiving the same would
redounde to the benefitt of your Oratrix Elizabeth and her said Sister
And shortlie after hee the said Testator Richard Dynes dyed possessed
of the Leases goods and personall estate .............. executors
Thomas Simpson your Oratrix late Husband and the said Robert Atkins
tooke upon them the execucon of the said will and the same ioyntlie
proved in due forme of Lawe and by force and vertue thereof and the
devise ........................... possessed of all and singuler the
goods Chattles Leases houshold stuffe debts Specialties ready money
plate iewells and other the personall estate aforesaid All which they
left remaininge in the Messuage or Brewhouse aforesaid where for
............... the said Brewhouse and the improvement of the Stocks
and estate belonging thereunto They used and continued the said trade
of Brewing and the same managed for the space of a yeare and halfe
thereabouts next after the decease of the said ............ that tyme
they tooke Bonds bills and other Securetyes in theyre owne ioynte names
for debts and moneys oweing and belonging unto them in respect of the
said trade and entred Likewise into Bond for payment of moneys and
debts what .............. thereof And in the meane tyme The said
Thomas Simpson and Robert Atkins proceeding ioyntlie in the execucon of
the said Testators will tooke an Inventory and Caused an appraisment to
bee made of the Leases goods Chatt[les] ......... said Testator Richard
Dynes which they intended to have exhibited into the Prerogative Courte
of the Lord Archbushopp of Canterbury for the better manifestacon of
the certainty thereof And to the end That noe question ........... of
Survivorshipp in Case eyther of them should dye But that the executors
and administrators of hym first dying mighte equally enioy the Benefitt
of the surplusage of the said Testators estate bequeathed and intended
unto them by the ........ meaninge and of the Stocks putt in by
themselves after his deathe and that eyther of them might have a
proportionable share and parte thereof Whereby it might bee in eyther
of theire powers to dispose the same yt was att the .... and
............ Robert Atkins fully and absolutely agreed upon by and
betweene hym and the said Thomas Simpson being then both of them in
perfect healthe That the surplusage of the estate of the said Richard
Dynes their testator sho[uld] god ......... theire executors and
administrators and that neither of them should take any benefitt of
Survivor in case eyther of them should happen to dye before an actuall
particion and division of the same surplusage of the said estate
..................... that they their executors and administrators
should proceed in the execucion of the said testators will and in the
equall bearinge of the Chardges and troubles thereof as if they were
Tennannts in Common of the said surplusage .................. therein
And for keeping the same the better in memory the same was putt into
writinge After it was fully concluded and agreed upon by and betweene
the said Thomas Simpson and Robert Atkins As in and by some writinge or
............ hands of the said Robert Atkins or some other person or
persons by his deliv[er]y Consent or privity if the same mighte bee
produced it would and may plainely and more att large appeare whiche
agreement was soe made for that an ac... ........ well bee made in
Respect of the Stocks and estate in the Brewhouse which could not as
then bee well severed w[i]thout great Losse but was to goe on in the
trade betweene them for the better improvement thereof and therefore to
int.... ............... of eyther of them soe dyinge before particion
in a moety of the surplusage of the said estate was the scope and
intent of the said Agreement, And in pursuance thereof the said Thomas
Simpson and Robert Atkins went on ............ execution of the said
will and in making upp the inventory of the said Richard Dynes estate
soe Long as they continued both in healthe But soone after the said
Thomas Simpson fallyng sicke and desiring to settle and dispose of
...................... moety of the the surplusage of the said estate
belonging unto him by the will and agreement aforesaid and which hee
had power to dispose by force of the said agreement, Hee thereuppon
Relying on the said agreement in that behalfe ...................
division of the said estate which remained then in his power to have
done or to release the debts owing to him and the said Robert Atkins
ioyntlye and to take securetyes for a moetye in his owne name did
Ordayne and make his last will and test[ament] .......... give and
bequeath unto your Oratrix and his children diverse Legacies to bee
paid unto them out of the said moety of the surplusage of the said
estate belonging unto him and of the same his said will hee made and
appointed [?your?] ............. executrix and shortlie after dyed
about two moneths nowe last past after whose decease your said Oratrix
Elizabeth tooke upon her the execucion of the said will and thereof
made probate in due forme of Lawe And ......... became lawfullie
intituled unto and interessed in all such moety of the surplusage of
the said estate of the said Richard Dynes her Late father as belonged
to the said Thomas Simpson her late husband att the tyme of his decease
................ estate goods and debts belonging to the said Brewhouse
and which had byn made by the said Thomas Simpson and Robert Atkins and
taken in theire ioynt names while they managed the same, the said
[?inventory?] thereof being by the intent .......... to remaine to the
executors of such of them as should first happen to dye and shortly
after your said Oratrix Elizabeth being soe interessed in a moety of
the p[re]misses did marry and take to her husband your said Orator
Thomas Preswicke ......... betweene them became likewise interessed of
and in the said moety of the surplusage of the said Richard Dynes
estate and of the Leases Brewhouse stocks goods debts and other the
p[re]misses before menconed and thereof your Orators ................
and satisfaction and the same to holde and enioye accordingly. But nowe
soe it is May it please your good Lor[dshipp] That the said Robert
Atkins havinge a purpose to defeate your Orators of the said moety of
the said surplusage of the said ...............................
them and the same to Carry away and convert to his owne use and haveing
for the better effectinge of such his purpose therein by casuall or
other meanes gotten into his hands Custody and possession or into the
hands ..... ..dy of .......... to his use or by his delivery or privity
the said Writing conteyning and declaring the agreement made betweene
him and the said Thomas Simpson touching the equall division betweene
them and theire executors of the surplusage .................. and the
excludinge of Survivorshipp concerning the same And likewise the said
Leases goods Chattles debts and specialties concerning the said estate
and the stocks and debts belonging to the Brewhouse aforesaid and
.................. noates writings specialtyes and accomptes of and
concerning the same Hee nowe uppon advantage of such his having thereof
and of the death of the said Thomas Simpson before any actuall
particion and division made betweene them ........... said agreem[en]t
touching the equall division of the surplusage thereof and the
excluding of all benefitt by survivorshipp and Concealing the said
writings concerning the same maketh Clayme to the whole surplusage of
the said estate ............... and belonging unto him by survivorshipp
and thereuppon refuseth to exhibite any Inventory or to make any
accompt att all unto your Orators of the said estate or to render unto
them a moety of the surplusage thereof and all the ...............
Orators right to a moety of the said estate yett most unconscionablie
giveth out in Speeches that hee will houlde them in Lawe seaven yeares
before they shall recover theire righte with theire owne moneys and
denyeth nowe theire .......... all as belonging to himselfe and the
more to hinder and disable them from Recov[er]y thereof hee seeketh to
conceale and disable the said estate and refuseth to produce the bookes
noates Inventoryes and accomptes thereof and hath cont[inued]
............... alter and channge the property of a great parte of the
goods and estate belonging to the said Richard Dynes and of the stocks
and debts made by hym and the said Thomas Sympson while they managed
the said trade and hath ..................... and persons unknowne to
your Orators other part thereof and hath under hand Compounded for and
receaved sundry debts and somes of money oweing by severall persons to
the said estate and Brewhouse and deliv[er]ed upp the specialties the..
................ or other dischardge of and for the same and some other
of the said debts and specialties hee hathe renewed and taken new
securety for the same or parte thereof in his owne name or in the name
or names of some other person or persons unto ............... Receipts
and altering of Specialties hee Concealeth from your Orators and having
taken the Courses aforesaid to keepe from them the knowledge of the
certainty of the said estate hee nowe seeketh to disable and under
value the same and to chardge .......... not rightly chardgable thereon
and refuseth to sett downe in p[ar]ticuler what debts hee hath truelie
payed and when and p[re]tendeth the surplusage thereof to bee but small
(after the debts and Legacies payed) where the said surplusage if it
were ............... amounte att Least to five Thowsand pounds and
thereof your Orators oughte to have the moety or one halfe yett that
the said Robert Atkins doth still deny and persisteth in his Courses to
abridge and defeat them thereof, and goeth .......... the Leases
aforesaid and to take newe in his owne name and otherwise to suppresse
conceale disable and undervalue the said estate and soe hee every way
seeketh to p[re]iudice and defeate your Orators concerning the
p[re]misses and to houlde them in ignor[ance] .......... deprive them
of the moety of the surplusage thereof in Righte belonging unto them
and the same to carry away and convert to his owne proper use and
benefitt Contrary to the intent of the said Richard Dyne and The
agreement aforesaid .......... of equity and to theire your said
Orators apparant wrong and the hinderance of the due execucon of the
said Thomas Simpsons will wherew[i]th they stand Chardged, unles they
may find redresse for the same before your Lor[dshipp] ...............
In Consideracon whereof and of all the aforesaid p[re]misses and for
that your said Orators for wante of the writings declaringe the
agreem[en]t aforesaid and for want of such p[re]cise proofe of the said
agreement by witnesses nowe leving ............... in England as the
......... in such cases requireth and for want allsoe of the Leases
bookes writings Inventoryes and accomptes of the said estate Late the
said Richard Dynes which your Orators cannott by any Course att the
.......... Atkins to produce, and in respect of the
..................................... and disable the said estate and
your Orators ignorance of the p[ar]ticuler ..... kinds and values
thereof and for other the Causes ............... of all remedye by the
course of the Common Ecclesiasticall Lawes of this realme to Releive
themselves
................................................................. the
said estate and ............... thereof and to render unto your Orators
a full moety of the true surplusage thereof But your said Orators are
for all these matters .................................... matters of
such ............... said Robert Atkins may upon his Oathe make a true
annswere to and concerning all the matters aforesaid And may in
perticular declare the truth of the agreem[en]t aforesaid for the
excluding of Survivorshipp and may sett forth what ...............
Chattles stocks in the Brewhouse readie money debts and other things
belonging to the said Richard Dynes att the tyme of his decease was and
what debts belonging thereunto have byn receaved Compounded for or
satisfied and ............... Charges have byn payed out thereof, and
when, by whom, and to whom, and what benefitt hath byn made of the said
Brewhouse Stocks and trade ever since the death of the said Richard
Dynes and what debts belonginge there.. ............... hath received
or Compounded for and may produce the Books Inventory writings and
accomptes of and concerning the p[re]mises and shewe Cause if anie such
hee Cann why a full moety of the true surplusage of the ...............
thereof since the deathe of the said Richard Dynes should not bee
answered payed and satisfied unto your said Orators and to thend that
the same may bee Ordered accordingly and that your said Orators may bee
releived ............... to equity. May it please your good Lor[dshipp]
the p[re]misses considered to grannt unto your said Orators the Kings
Majesty's most gratious writt of Subpena to bee directed unto the said
Robert Atkins Commannding hym ............... a certaine payne therein
to bee limitted personallie to bee and appeare before your good
Lor[dshipp] in his Ma[jesty's] highe Court of Channcery then and there
upon his Corporall oathe to Answere directly all and singuler
............... such further Order and direction therein as unto your
good Lor[dshipp] shall seeme to stand with justice and equitie and your
said Orators shall praie for your Lordshipps health and hono[rable]
estate./
The Answere of Robert Atkinson deft to the Bill of Complt of Thomas Preswicke & Elizabeth his wife Complts
The answer of Robert Atkins
28 die August 1637 Rd Rich
.........
The advantage of Excepcon to the Incerteyntie and Insufficiencye of the
said Bill of Complt & all & every the matters and thinges
[?therein?] conteyned ....................... he... ...... to the deft
saved and reserved for Answere to soe much there thereof as m...
...ally concerneth him this deft to make answere unto he this defendt
........ and .... that he conceyveth it to be true that Richard Dynes
in the Bill of Complt m.....ed was heretofore in his life tyme and at
the tyme of his decease ...fully interessed and possessed of & in
the saide Messuage or tenem[en]t or Brewehouse [with] the stables out
houses and appurtenances thereunto belonginge in the Bill menconed
scituate and beinge in Whitecrosse Streate London houlden of the
com[pan]y of Fishmongers by virtue of A lease for divers yeares then
& yett to come & unexpired at and under the yearely rent of
five pounds or thererabouts as this deft taketh ... it and that the
said Richard Dynes was likewise at the tyme of his decease lawfully
possessed of and in divers breweinge vessells coppers ....... of
breweinge & used therewith as also of A stake of detts due for
beare delivered and for other consideracons and of severall quantityes
of Mault Hopps and .... provisions for breweinge amountinge to A very
good valewe and doth likewise take it to be true that the said Richard
Dynes was likewise in his life tyme and at [the] tyme of his death
lawfully possessed and Interessed of another Lease for divers yeares
then and yett enduringe of certeyne houses in Long Lane London of A
good val[ewe] ..as alsoe of divers other detts by especialtyes and upon
Mortgages to A good {struckthrough - great} valewe and amongst the rest
of one dett of three hundred & fifty pounds or thereabouts as this
deft taketh it oweinge unto him the said Richard Dynes by John Barrett
esq w[hi]ch dett was secured by land lyeinge in Barkinge in the Countye
of [E]ssex as this deft alsoe taketh it and of one other dett of fortye
pounds for w[hi]ch the said Richard Dynes had a Mortgage of one
Messuage or tenem[en]t in Long Lane afores[aid] ..or some deeds or
conveyances as this deft taketh it w[hi]ch deed or conveyance this deft
beleyveth is in the possession of the Complt Thomas Preswicke which
dett was so owe[ing] [by] one George Moodye and alsoe of one other
other dett of fortye pounds for w[hi]ch the said Richard Dynes had a
Mortgage or some conveyance as this deft taketh it of one [messu]age or
tenem[en]t neare Purpoole Lane neere Grayes Inn in the Countye of
Midd[lesex] and of & in goods detts Chattells & other estate
aswell Real as p[er]sonall to a good val[ewe] And this deft doth
confesse that he the said Richard Dynes had yssue at the tyme of his
death two daughters namely Elizabeth the Complt late wife unto Thomas
Sympson [dec]eased and Priscilla nowe wife unto this deft And this deft
taketh it to be true that the said Richard Dynes about the tyme in the
Bill menconed did make his last w[ill] [and] [test]ament in writinge
& did in [?&?] thereby devise and bequeath such severall guifts
& legacyes & unto such severall persons as in and by the said
Bill of Complt is likewise set ........ declare & by his said last
will & testament did will & bequeath all the rest & residue
of all & singuler his goods Leases Chattells & estate
whatsoever not by his said last will & testament by him
p[ar]ticulerly given & bequeathed his detts funerall expences &
legacyes beinge payd & satisfied unto the said Thomas Sympson and
this defendt beinge his two sonnes in Lawe whom he did thereby make
& ordeyne his full & whole Executors of his said last will
& testament and afterwards dyed by and after whose death the said
Thomas Sympson & this deft did take upon them the execucon of the
said will & testament & proved the same before A competent
Judge but this deft doth deny that the said Richard Dynes by his said
last will & testament did devise & bequeath unto this deft and
the said Thomas Sympson the residue & remaynder of all his estate
unbequeathed his detts funerall Expences & Legacyes beinge payd
& satisfied unto the said Thomas Sympson & this deft to be
equally devidid amongst them as in & by the said Bill of Complt is
pretended ......................... the said Richard Dynes his said
will did devise all ... plate ....... Brass bedding lining & other
his household stuff into three p[ar]ts whereof Mary his then wife was
to choose one p[ar]t & this deft was to choose one other p[ar]t
& the said Thomas Sympson was to choose the other p[ar]t as by the
said last will it ...... may appeare ............................ &
division was ........ the said Mary Thomas & this deft
................................. And this deft further sayth &
doth confesse it to be true that after the decease of the said Richard
Dynes the said Thomas Sympson & this deft did continewe & use
the trade of Breweinge & the said stocke & estate of the said
Richard Dynes & managed the same betweene them for the space of A
yeare & A halfe or thereabouts next after the said Testators
[?death?] duringe w[hi]ch tyme divers detts were made aswell by them as
by their customers unto them by reason whereof but this deft sayth that
duringe the greatest p[ar]t of that tyme the said Thomas Sympson had
the whole manadginge of the said busines & receyved monyes due
& belonginge aswell unto this deft as to the said Thomas Sympson
but never accompted for the same unto this deft but kept & disposed
thereof accordinge to his owne will & pleasure w[i]thout this defts
privitye or alloweance And this deft doth further saye & confesse
that about the monthe of August the last yeare this deft was willing to
come to A division of the estate soe bequeathed by the said Richard
Dynes unto this deft & the said Thomas Sympson as alsoe of the
proceede thereupon had & raysed to the Intent that each of them
might knowe his p[ar]ticuler Interest & estate in respect of
casualitye & mortalitye to p[re]vent Survivorshipp w[hi]ch the said
Thomas Sympson did utterly refuse to ..... or condiscende unto but
desired that the estate & proceed might remayne & continewe as
it was undertaken & used from the tyme of the death of the said
Richard Dynes or wordes to ... or the like effecte where upon this deft
never moved him the said Thomas Sympson any more therein But this
deft doth deny that he moved that question unto the said Thomas
Sympson in respect that the said estate soe bequeathed unto them as
aforesaid was soe intended or meant unto them by the will of the said
Richard Dynes as in & by the said Bill of Complt is p[re]tended
& surmised but meerely for causualitye & mortalitye sake as
aforesaid & if the said Richard Dynes had intended any such
proporcon he the said Richard might at the tyme when the said will was
written & published have caused the same to have bine soe expressed
or words to that purpose to have bine indorsed upon the backe or some
p[ar]t of the said will especially seeinge that the said will [?was?]
made when as the said Richard Dynes was of good understandinge & of
sound & p[er]fect memory as by the said bill is alleadged & as
indeed he [?was as?] this deft verily beleyveth and advisinge w[i]th
him who drewe & penned the said will as this deft hath heard for
the setlinge of the same he the said writer beinge an able man or
p[re]tendinge himselfe to be an able for that purpose & haveinge
oftentymes conferred w[i]th the said Richard Dynes about the makeinge
thereof as this deft taketh it And this deft further sayth & doth
confesse that afterwards & duringe the mandginge of the s[ai]d
whole estate by the said Thomas Sympson the said Thomas Sympson
fallinge sicke by the advice of someof his freinds as this deft taketh
it was p[er]swaded to cause an Indenture of p[ar]tition or some other
Instrument in paper to be drawne touchinge A division to be made
betweene him the said Thomas Sympson & this deft of the said
bequeathed estate & the p[ro]ceed thereof w[hi]ch was soe done
w[i]thout the consent or privitye of this deft & afterwards the
said Sympson did deliver the same to this deft to p[er]use w[hi]ch this
deft did & utterly disliked the same neither did nor would consent
thereunto as this deft hopeth under favor of this hono[rable] Court it
was lawfull for him soe to doe & shortlye after the said Thomas
Sympson dyed & this deft doth deny that he hath in his poss[essio]n
or custodye any writings or Articles of Agreem[en]t made betweene him
this deft & the said Thomas Sympson touching or concerninge the
division or p[ar]tinge of the said estate or in the poss[essio]n of any
other p[er]son or p[er]sons by his delivery consent or privitye as in
& by the said Bill of Complt it is p[re]tended And this deft doth
further deny that by any Agreem[en]t made betweene this deft & the
said Thomas Sympson the Executors of the said Thomas were or ought to
have one Moyetye or halfe p[ar]t of the estate stocks goods & detts
belonginge to the said Brewehouse as in & by the said Bill is
likewise p[re]tended. And this deft doth deny that the Complt Thomas
Preswickewho marryed the said plt Elizabeth w[i]thin tenn or twelve
dayes after the buriall of the said Thomas Sympson her late husband
ought as in the right of the said Elizabeth to have any interest in the
moyetye of the surplusage of the said Richard Dynes estate as in &
by the said Bill of Complt is likewise p[re]tended & whereas the
said deft is chardged to refusse to give any accompt unto the Complts
or to produce any bookes noates bonds deeds specialtyes & writinge
concerninge the said surplusage of the said Richard Dynes estate as
alsoe the not exhibitinge an Inventory sithence the decease of the said
Richard Dynes to that this deft Answereth and sayth that he remeyneth
under favor that he is not bound by the rules of this hono[rable] Court
to discover any thinge touchinge the p[ar]ticuler estate of the said
Richard Dynes or to p[ro]duce or exhibite any Inventorye thereof att
the Instance of the said Thomas Preswicke inasmuch as that estate doth
noe way concerne the Complts but belongeth to this deft as his p[ro]per
estate for the reasons & causes herein formerly alleadged neyther
doe the Complts pretend themselves to be creditors of the said Richard
Dynes whereby his estate might be lyable unto them for any detts
belonginge unto them & for not exhibitinge An Inventory this deft
is compellable & suable by the ecclesiasticall Lawes of this Realme
to p[ro]duce the same w[i]thin convenient tyme & as touchinge any
alteracon of prop[er]tye of any of the surplusage goods bequeathed by
the said Richard Dynes as aforesaid or alteringe of any detts or
specialtyes in the name of this deft w[hi]ch this deft confesseth he
hath done this deft hopeth under favor of this hono[rable] Court for
the reasons formerly herein sett forth it is lawfull for him soe to doe
w[i]thout that that he this deft hath acknowledged that the Complts
have A right unto a Moyetye or any p[ar]t thereof of the surplusage
estate of the said Richard Dynes as in & by the said Bill is
p[re]tended w[i]thout that that this deft ... giveth out in speeches
that he will hould the Complts in Lawe seaven yeares before they shall
recover their right w[i]th their owne monyes as in & by the said
Bill is likewise p[re]tended w[i]thout that that the deft hath a
purpose to defeate the Complts of the moyetye of the said surplusage
estate or any p[ar]t thereof as in & by the said Bill of Complt is
likewise p[re]tended w[i]thout that that any other matter or thinge in
the Bill of Complt conteyned materiall for this deft to make Answere
unto & not hereby sufficiently Answered unto confessed &
Avoyded Traversed or denyed is .... All w[hi]ch matters & thinges
this deft is ready to averr & prove as this hono[rable] Court shall
award & therefore prayeth to be hence dissmissed w[i]th his
reasonable Costs in that be halfe wrongfully susteyned