Court of Requests: Edward Bowes v. John Digges and John Gape

Item 7, single membrane (11 February 1583/4) (Answer of John Digges and John Gape)

The Aunswere of Iohn Digges and Iohn Gape Defendantes
to the Byll of Complainte of Edward Bowes Esquier
Complaynaunte

The sayde defendantes by protestacion not acknoledginge the matters in the sayde Byll of Complainte Sett forthhe and declared to be trewe in manner and fforme as they are in the sayde Byll Suggested, the advauntage of exepcion ‸⸢to⸣ the vncerteyntye and Insufficiencye wherrof vnto thes defendantes at all tymes hearafter Saved, and ffor playne Declaracion of the truthe of the matters therin Conteyned sayethe that trewe yt ys as this defendantes takethe ytt, That Steven Late Byshoppe of wynton by his Indenture beringe date the sixte daye of marche in the xxxj^th yeare of the Reigne of the late kinge of famus memorye kynge Henrye the eighte did demyse and to ffarme Lett vnto one william Payne nowe decessed certeine Capitall messuages and Tenementes Called the Barge the Bell and the Cocke Scituate and beinge vppon the Banke Somtyme Called the Stewes buttinge and lyinge as in the sayde byll is declared, with divers ‸⸢other⸣ smale howses gardens and wharfes and all the commodities and profittes Cominge in and vppon the same or anye parte therof for the terme of fowerscore and nynteine years to be accompted from the feaste of thanunciacion of our Ladye Saint Marye the virgin nexte ensuinge the date of the same Indenture ffor the yearlye Rente of ix s and sixe pence payable yearlye at the ffeaste of Saint mychaell tharkangell and thanunciacion of our Ladye Sainte marye the virgin by even porcons, which sayde lease was lawfullye Confirmed and alowed of by the then Deane and chapiter of wynton, By vertue wherof the sayde william payne did enter into the sayde messuages and other the premisses and was possessed accordinglye, which sayde messuages are nowe called the ovlde beare Garden or parishe garden and vsed and Imployede for the kepinge and baytinge of Boulles beares and other games as in the sayde Byll theye are Sett forthe and declared, And afterwardes at or aboute the tyme mencionede in the sayde Byll as this defendantes thinkethe the sayde william Payne did demise and graunte the sayde Smale howses, gardens, and wharffes parcell of the premisses by the name of the Tenementes, beere howses, Bullhowse, yeardes, and baytinge place, vnto one Edwarde wystowe by forse of which demise & graunte, The sayde Edwarde wystowe did Enter into all the Same laste demysed premisses and was therof possessed accordingelye as in the sayde Byll is declared, and he soe beinge therof possessed did graunte assigne and sett over the same premisses and all his estate Righte tytle Intereste and terme of yeares therin then to come and the wryttinges and Indentures therof vnto one Iohn napton Citizen and grocer of london whoe by forse therof likwyse Entered in and to the same and was therof possessed muche to thentente as in the sayde Byll of Complaynte is declared as thes defendantes thinkethe, and whereas ‸⸢after⸣ the sayd Iohn napton soe beinge therof possessed by his Indenture or Writtinge by him Sealed and delyvered as his deed bering date the xxiiij^th daye of marche in the one and twentyeth yeare of the Queens maiesties moste gratious Reigne that nowe is, ffor divers good Cawses and sideracons him movinge did graunte and assigne all his estate tytle and Intereste & terme of yeares in the premisses vnto the sayd Iohn Digges and Iohn Gape these defendantes whoe by Reason of the same entered & were lawfullye possessed of the premisses, vntyll by william Glover A persone mencioned in the sayde byll was °disspossessed° Againste whome the sayde Iohn Digges & Iohn Gape serued as in the sayde byll ‸⸢ ys declared⸣ whervnto he hathe pleded not gyltye, after divers extraordinarye devises, which deleyes deserveth noe ffavore/ without that that the sayd demise and graunte made to the sayde Iohn Digges and Iohn Gape, by the sayde Iohn Napton was made vppon vnlawfull and corrupte Chevisance and for Excessive vsurye, or Craftelye for to deceve the sayde morgane Pope as in the sayde byll is moste Slanderuslye alleaged which ‸⸢yf ytt we<..> trewe⸣may well ayde the sayde william Glouere at the Common lawe, were the same trewe without that the sayde Iohn Napton did alien assigne and sett over the sayde Tenementes beare garden, and all other the premisses with their appurtenaunces before the Lawfull °conveyance° as aforesayde made to the sayde defendantes, without that the sayd defendantes have anye deedes or writtinge apperteyninge to the sayde Supplycation as in the sayde byll is vntrulye Suggested to theire vnderstandinge, with that the sayde morgan pope and your maiesties Supplicante (by Credible Reporte) <........> knoweth the trewe tytle of your defendantes, as aforsayde, Thoughe the Complay°naunt° by harde dealinge doe seeke to ffrustrate the same and without that allsoe anye other matter or matters Thinge or thinges in the Sayde Byll of Complainte conteyned materiall in Lawe to be Aunswered vnto by these defendantes and in this Aunswer not confessed or avoyded trauersed denyed or otherwyse sufficientlye Aunswered vnto is trewe to these defendantes knowledge All which matters these defendantes are Reddye to Averr and prove as this honorable Courte shall awarde and prayethe to be dismissed with their Reasonable Costes and charges in this behalfe wrongfully susteyned

(signed) Agmondsham