HCRAREJ03UPU
(Rej::1:) The Ioynt and seuerall Answeares of Raph Crane, and Richard Pagett
Gent Defendte(s) ]
to the Bill of Complaint of Richard Crane Gent, Complaynaunt. ]
The said Defendte(s) sauing to themselues now and at all times hereafter
all advantages of Exception to the Incertenties and Insufficiencies
of the said Bill of Complaint and of the Matters therein Conteynedfor Answere ]
to somuch thereof as any Waie Concerneth theis said Defendte(s), they say,
and either of them for himself seuerally, and respectively saieth, And first
the said Raph Crane for himself saieth That he this Defendt having many ]
yeeres byn very serviceable to the said Complt. in Wryting for him, and otherwie
s,and also having don many freindly offices for the said Complt. worthie ]
of recompence, and of very good respect, and about six yeeres now last past ]
Wanting some moneys for his necessary occasions, which he did then make
knowne to the said Complayt He the said Complayt did then make a great show of W
illingnesto doe this Defendt a pleasure in furnishing him with Moniys ]
for such his necessary occasions, as he then made knowne Vnto the Complt.
which was cheifely towards the payment of some Debts then owing by this Defendt
vnto seuerall p(er)sons; And withall the Complayt then demaunded of ]
this Defendt how much Moneys would serve this Defendte(s) turne for the present,
Wherevnto this Defendt answeared that a matter of Ten pounde(s) would
serve this Defendte(s) turne, Wherevnto the said Complayt replied, That he would
 give ]Vnto this Defendt the som(m)e of Ten pounde(s) towarde(s) the furnishing
and supply of the necessary and present occasions of this said Defendt But
because he the said Complayt was not so well furnished at that time,
yf therefore the ]
Defendt could procure the som(m)e of Ten pounde(s) from any other p(ar)tie,
vpon his the said Complayte(s) Bond, he would willingly bestowe it vpon
him this Defendt, and well and truely pay it about Mich(aelm)as then next
following, and give his ]
present Bond for the repayment thereof; Wherevpon this Defendt acquainted the
other Defendt Richard Pagett with the Kind Intent and offer of the Complayt
towarde(s) this Defendt Wherevnto the said other Defendt Richard Pagett ]
made this Defendt this Answere That if it might truely appeare vnto him
That the Complayt would borrow the said som(m)e of Ten pounde(s), and
becom bound for the same, and freely bestow the same money vpon this Defendt Tha
t then ]he would furnish this Defendt with the same, So as this Defendt should
in no sort be bound, or stand engaged for the same: With all which this Defendt
 and the other Defendt Richard Pagett did both of them acquaint the said ]
Complayt who willingly consented and agreed to the same propositions deliuered
vnto him by this Defendt, and the other Defendt Richard Pagett: and therevpon
the said Richard Pagett by the consent and appointment of the said Complayt ]
did pay and deliuer vnto this Defendt the full som(m)e of Seaven pounde(s)
and Ten shillinge(s), and defalked the som(m)e of Fiftie shillinge(s) in his han
de(s)out of the said Ten pounde(s), for somuch formerly and <bona fide> owing
by this Defendt to the other ]
Defendt Richard Pagett, which in truth was a reall payment to this Defendt
of Ten pounde(s). And therefore this said Defendt having made it knowne
to the said Complt That the said Richard Pagett had in such sort paid and ]
deliuered to this Defendt the said full som(m)e of Ten pounde(s), he the
said Complayt according to his former promise, Consent and agreement entred
into the Bond of Twentie pounde(s) in the said Bill menc(i)oned to the said Rich
ard ]Pagett, Condic(i)oned in effect for the payment of Ten pounde(s) at a day t
hento come, and now past In which said Bond this Defendt is not somuch
as named, but was left out of purpose by the agreement of the said Complayt ]
and of the said Richard Pagett, to the end that he this defendt should not
be any Waie liable to the repayment of the said debt of Ten pounde(s),
but should hould and retaine the same as the free guift of the said Complayt
And ]
this Defendt vtterly denieth That the said  Complt did at the request of this
Defendt enter into the said Bond as for the onely Debt of this Defendt
Neither did this Defendt at any time make any promise to give vnto the ]
said Complayt any Counter|#securitie of and from the said Bond of Twentie
pounde(s), And this Defendt likewies denieth That he this Defendt did at any
time informe the said Complt That the said Ten pounde(s) should goe ]
towarde(s) the buying or purchase of a Lease of a House, as in the said Bill of
Complat the same is vntruly alleadged: And the said Defendt saieth That it
is very likely That if the said Complayt haue not paid the said Money ]
to the said Richard Pagett according to the Condic(i)on of the said Bond
That he the said Richard Pagett hath caused the said Bond to be put in Suit
against the said Complt, as lawfull he this said Defendt thincketh it is for
him to doe. ]
Without that that the said Complt was colourabely drawne to seale the said
Bond by any practise or Combinac(i)on betweene this Defendt and the said
Richard Pagett, or with any purpose to gayne the som(m)e of Ten pounde(s) from t
hesaid Complt ]
and to share the same betweene this Defendt, and the said Richard Pagett,
as in the said Bill of Complt the same is vntruely alleadged And the said Richar
dPagett for himself sayeth That he this Defendt vnderstanding by the relation ]
of the other Defendt Raph Crane, that the said Complaynt would give and bestowe
vpon the said Defendt Raph Crane the som(m)e of Ten poundes as a gratuitie,
soe that he the said Raph Crane could find out any frend ]
that would disburse somuch money vpon the securitie of the said Complt And he
the said Raph Crane standing then truely endebted vnto this Defendt in the
som(m)e of Fiftie shillinge(s) he this said Defendt about the time in the said B
ill ]of Complt menc(i)oned did pay and deliver vnto the said Raph Crane the som(
m)eof Seaven pounde(s) and Ten shillinge(s) of lawfull Money of England, and did
then cleerely acquite and discharge the said Raph Crane of and from ]
the said Debt of Fiftie shillinge(s) by him, at that time owing vnto this Defend
tAnd about the same time, he the said Complaynt did enter into the Bond of Twent
iepounde(s) in the said Bill of Complt menc(i)oned vnto this Defendt, ]
Condic(i)oned in effect for the payment of the said Ten pounds to this Defendt
at a day then to Come, and now long since past And the said Complaynt did then
affirme vnto this Defendt That the said Complaynt did freely and ]
voluntarylie give and bestowe the said Ten pounde(s) vpon the said Defendt,
Raph Crane as a gratuitie And because the said Complaynt or any for him, did
not, according to the Condic(i)on of the said Bond, or at any time since ]
satisfie or pay the said som(m)e of Ten pounde(s) or any part thereof to
this Defendt or to any other to his vse, therefore the said Bond became forfeyte
d.And in regard thereof this said Defendt confesseth That he the said Defendt di
d ]of late Cause the said Bond to be put in Suit at the Com(m)on lawe against th
e saidComplaynt, and intendeth to recover the som(m)e due by the said Bond, with
 Damagesfor the forebearaunce thereof, and Coste(s) of Suit, as lawfull this ]
said Defendt thincketh it is for him to doe. And the said Defendent Confesseth
That because he this said Deft was vnwilling to goe to lawe with the said Complt
,he did make the Complt an offer That if he would pay ye som(m)e of five pounds
he would deliu(er) vp the said ]
Bond, but ye Complt not a(cce)pting thereof gave this Deft good cause to suspect
,that he never had any purpose to pay any p(ar)te of the said Debt by faire mean
es,and therefore was constrained to cause the said Bond to be put in sail as afo
resaidWithout that that the said Complaynt was colourabely drawne to seale the s
aidBond by any practise or Combinac(i)on ]
betweene this Defendt and the said Raph Crane, or with any purpose to gayne
the som(m)e of Ten pounde(s) from the said Complaynt and to share the same
betweene the said Defendt and the said Raph Crane, as in the said Bill of
Complt the ]
same is vntruely alleadged, And without that that any other matter or thing
in the said Bill of Complt Conteyned materiall or effectuall in the Lawe
to be answered vnto by theis said Defendts or either of them, and herein before
]not sufficiently answered vnto, Confessed and avowed Traversed or denyed
is true. All which matters the said Defendte(s) are, and other of them
is ready to averre and prove as this honorable Court shall award, and pray, and
either of them ]praieth to be dismissed out of the same with his reasonable Cost
s and Chargesin this behalf wrongfully susteyned.
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