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

Item 6, single membrane (6 May) (Replication of Edward Bowes)

The Replicacion of Edward Bowes Esquire one of her maiestes ordinary seruantes Complaynaunte
to the Aunswere of Iohn digges and Iohn Gape Defendantes/

The said Complaynaunte Doth and will auerr and maynteyne his said bill of Complainte and euerie matter and thinge therin conteyned to be iuste and true in such sorte manner and forme as the same are therin verie truly sett fourth and alledged. And ffurther saieth that the said Aunswere is very vntrue vncerten and insufficyent in the Lawe to bee replied vnto for diuers euident and apparant matters therin manifestlie appearinge, The advauntauge of Exception in and to the vncertentie and insufficyency whereof att all tymes saued to this Complaynaunte ffor replicacion in and to the same this Complaynaunte saiethe That the said Iohn napton in the said bill and aunswere mencioned beinge possessed of the said garden games and other the premisses in the said bill mencioned by his Indenture or wrytinge bearinge date the three and twentith daie of december in the two and twentith yere of her said maiestes raigne did demise graunte and to ferme lett all the same premisses and the games proffytes and Commodities thereof vnto the said morgan pope for the Terme of ffourtie yeres to be accompted from the feaste of St michaell Tharchaungell Last past before the date of the same Indenture withine vpon Condicion therin conteyned That yf the said Iohn Napton his executors or assignes or any of them should well and truly paie or cause to be paide to the said morgan Pope his executours or assignes the somme of one hundreth and twentie poundes of good and Lawfull money of England att certen daies in the said Indenture Lymited nowe past That then the saide Indenture should cease determyne and be vtterly voide/ of and in the paymente of which somme of one hundrethe twenty poundes the said Iohn Napton his heires executours administratours and assignes and euerie of them did faille and make defaulte, By vertue whereof and of the said demise and Lease the saide morgan Pope into all the saide premisses did enter and was thereof possessed for and duringe all the saide terme of ffourty yeres, And so beinge thereof possessed afterwardes and after defaulte made of and in the paymente of the said somme of one hundredth and twenty poundes The said morgan Pope by his sufficyent Deede in writinge for and in consideracion of a greate somme of money to him by your supplyant well and truly satisfyed and contented did alyen assigne and settouer the said tenement beare garden and all other the premisses with their appurtenaunces to this Complayaunte his executours and assignes for and duringe so many yeres of the said terme of ffourtie yeres as were then to come and vnexpired, And that by vertue thereof this Complaynaunte did enter in and to the same premisses and was thereof possessed accordinglie, And the rentes proffyttes and Commodyties thereof did receyve and take to this Complaynauntes owne vse and behouf, And in and aboute the same did place all the beares dogges and other thinges in the said bill mencioned for the better seruice of and furnisshinge of her said maiestes game and pastyme As in the said bill is alledged, And that the said Defendantes haue by Casuall meanes gott into their handes and possession the said originall Indenture of Lease and confirmacion in the said bill mencioned And the other Indentures and wrytinges towchinge and concerninge the conveyaunces and assignement thereof in righte belonginge to this Complaynaunte, And do seeke to suppresse and with holde the same from this complaynaunte, And by meanes thereof haue made sundry vnlawfull Entryes in and to the same premisses and haue Commenced suite against this Complaynaunte and the said william Glouer for the holdinge and occupyinge thereof As in the said Bill of Complainte is lykewise alledged/ Without that that the said Iohn napton by any Indenture or writinge bearinge date the ffoure and twentith Daie of marche in the saide one and twentith yere of the Quenes maiestes moste gracious raigne did graunte and assigne all his estate title and interest and terme of yeres in the premisses to the said Iohn Digges and Iohn Gape the defendantes, or that by reason of any suche graunte or assignemente they did or mighte enter and were lawfully possessed of the same premisses as in the saide aunswere ys vntruly surmysed ffor this Complaynaunte sayeth that yf any such graunte or assignement were made by the saide napton to the saide defendantes That yet the same was made either vpon vnlawfull and Corrupte Cheuisance and for excessyve vsurye or for and vpon some Crafte and fraud to deceyve the saide morgan Pope of such duties as were due to him by the saide Iohn napton, And by reason thereof vtterly voide and of none effect, without that that this Complaynaunte or the said Glouer haue vsed any extraordynarie deuises or delayes in pleadinge as in the said aunswere ys lykewise vntruly surmysed, or that this Complaynaunte knoweth any iuste or true title of the defendantes in and to the same premisses or seeketh to frustrate the same by any harde dealinge As in the said Aunswere is Lykewise vntruly and slaunderously alledged, And without that that any other matter cause or thinge in the said Aunswere conteyned materyall or effectuall for this Complaynaunte to replie vnto and nott herin sufficyentlie replyed vnto denyed and trauersed or confessed and avoided is true All which matters this Complaynaunte is readie to auerr and proue as this moste honourable Courte shall awarde and praieth as before in his said bill of Complainte hee hath praiede/

(signed) Paget

6. maij 1584