STAC 5/C2/24

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STAC 5/C2/24 - B A - 42 Eliz - Nicholas Crundall v Robert Bradston, John Marshall, Thomas Prigg, William Belshire et al

This is taken from where there are also notes.

Answers of John Marshall and William Belshire
Jur 24 Novembris Anno 42 Elizabeth R[egi]na
Willm Mill

The Joint and Sev[er]all Answeres of John Marshall and Willm Belshire Two of the def[endan]ts to the Bill of Complaint of Nicholas Crundall Clarke Comp[lainan]t
The said def[endan]ts saye that the said Bill of Complaint seemeth to them to be vayne and fryvolouse and to be ymagyned and devysed rather of malice against these def[endan]ts to put them to wrongfull charges and expences in the Lawe: then that there is in there opinion any iust Cause of Complaynt at all against them or either of them And first the saide def[endan]ts John Marshall sayth that he thinketh yf the contents of the Bill as towchinge this Def[endan]ts othe whereby the pl[ain]t[iff] was indyted were true in that the said othe were false (as it is most true) yet he ought not to be sued therefore in this Honorable Court yf he shalbe ordered to make any other Answere thereunto, And yf this def[endan]t shalbe ordered by this honorable Court to make any other Answere thereunto, then and not otherwise this def[endan]t (All advantages of exceptions to the incerteynties and insufficiensies of the said Bill to this def[endan]t nowe and at all tymes hereafter saved for a full and p[er]fect Answere thereunto saith), he did beinge upon the holye evangelist deposed affirme and testefye before the said Justices and to the said grand Jurye menconed in the Bill, as is in the said Bill set forth, and that his deposition therein is most iust and true, and that he is redye and able to mayneteyne averr and prove the same to be most iust and true in all things,
And whereas yt is alledged in the said Bill that upon the said prohibicon therein menconed this def[endan]t did depose before Mr. Justice Walmesley, that there then was, and tyme whereof the Memorye of Man is not to the Contrarye hath bene a Custome w[i]thin the hamlett of Wynterborne that evrye occupyer of one Yard Land should paye yearely for all tythe haye arysinge or from tyme to tyme renewinge upon the said yard Land and for all pasturinge and after pasturinge barren feadinge and breedinge Cattell whatsoever in lieu and full satisfaction of the said tythes and feadinge six pence, and for half a yeard land three pence and for cottage three half pence and not above this def[endan]t saith and confesseth that he soe deposed and that therein he deposed most truelye, and is redy to Justefye and averr his saide othe to be most iust and true in all things.
And whereas it is alsoe alledged in the said Bill that this Def[endan]t did depose at the Assizes holden for the saide County of Glocester in Sommer last past That the Custome in the hamlett of Wynterborne is and tyme whereof the Memorye of man is not to the Contrarye hath bene that ev[er]y pasture of the said hamlett of Wynterborne for the tyme beinge have paid for every yard Land w[hi]ch they have held w[i]thin the Hamlett aforsaid for all Manner of tythe haye Whatsoev[er], and for all barren feadinge and breedinge cattell whatsoev[er] six pence and no more and that this def[endan]t had from tyme to tyme payde accordinge to the said deposition and no otherwise, this def[endan]t saith that that deposition is most iust and true in all thinges and he is redye and able to iustefye the same to be most iust and true.
And to all the other Misdemeanors whatsoev[er] by the said bill laid to this Def[endan]t charged he saith he is of them and of evrye of them not guilty in such Manner and forme when to such effect & purpose as in the s[ai]d bill is untruely alledged. And the said def[endan]t Willm Belshire for himselfe saith th [hole] all & ev[er]y the subornacon & p[ro]curacon of p[er]uyrie and other the misdemeanors layd to his charge by the said Bill that he is of them and of ev[er]y of them not guiltye in such Manner & forme & to such effect and purpose as in the said Bill is most untrulye alledged set forth & declared and confesseth such othes were taken as are mencoed in the bill both before the said Mr. Justice Walmesley & at the Assizes, and sayth both those othes are true and that he is able to prove them to be true. All w[hi]ch these def[endan]ts are & either of them is redye to averr and prove as this honourable Court shall award, and praye to be dismissed w[i]th there reasonable Costs in this behalfe wrongfully susteyned