Archive:C 2/ChasI/B142/59
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Summary
John Boucharon v. Humphrey Whitney of Fleete Lane, 1625-49
Dates
1625-1649
Parties
Humphrey Whitney of Fleete Lane
Locations
London, England
Related Documents
None known.
Transcription
Jurat iijo die May
1645: John Page
The severall Answeare of Humphrey Whitney deffendant to the bill of Complaint
of John Boucharon Complain(a)nt
The said defendant saveinge to himselfe nowe and att all tymes heere after all and all manner of advantage of Excepc(i)on to the incerteinty and insufficiencie and other the inp(er)fec(i)ons of the said Bill of Complaint conteyned for a full and perfect answeare therunto or to soe much therof as any way conc(er)neth this defend(an)t to make answeare unto he saieth that about fower yeares and uppwards since the said Compl(ainan)ts wiefe in the bill named was att this defend(an)tes howse in the place int he bill menc(i)oned at w(hi)ch tyme thie defendant sayeth that yt was agreed by and betweene the said Compl(ainan)ts wiefe and thie defend(an)tes wief that the said Judith Boucharon the said Complain(an)ts wiefe should have lodginge in this defend(an)ts house and for the same should pay twoe shillings and six pens a weeke and theruppon the said Judith did lodge and reside in this defend(an)ts house some certeine tyme before the said Compl(ainan)t came to her w(hi)ch this defend(an)t believeth was aboute three years and a halfe since and there remayned w(i)th her att this defend(an)ts howse a certeine tyme and about the tyme in the bill menc(i)oned tooke his Jurney into Ireland and that there was a Truncke of the said Judith brought to this defend(an)ts howse wherin was Conteyned the wearinge Linnen of the said Judith and allsoe other things hearafter menc(i)oned But this defend(an)t absolutely denyeth that the said Compl(ainan)tes wiefe or any for her did from tyme to tyme or at any tyme whatsoev(er) duly pay or other wise satisfie unto this defend(an)t the said twoe shillings six pence p(er) weeke or that this defend(an)t or any other for him hath or have rece(i)ved or beene satisfied any p(ar)te therof other then the some of seaven shillings and noe more by this Compl(ainan)t or his said wief But this defend(an)t saith that the said Compl(ainan)ts wief was at this defend(an)ts howse the space of twoe and twenty weeks and for her Lodginge diett and other nessisaris this defend(an)t saieth that there was due from her unto this defend(an)t the some of five powndes seaventeene shillings and this defend(an)t Confesseth yt to be true that the said Judith about Mich(aelm)as 17 Car: RR_ died att this defend(an)ts house And as this defend(an)t beleeveth was buried att the Charge of her frends and that att the tyme of her death shee left in this defend(an)ts house the perticuler goods hereafter menc(i)oned and noe more to this defend(an)ts knowledge vizt a Rydinge suite Cloak savegard and hoode twoe womens gowids? twoe petticoate & twoe beaver hatts one skarfe twoe sillver spoones and one payer of Embrothered gloves one yard of Cloath of silver a runcke and some wearinge Lynen therin a payr of smale silver Clasps for a gerdle and a payer of ould slippers and one pinncushin All w(hi)ch goods and noe more were left in this defend(an)ts house by the said Judith att the tyme fo her death And this defend(an)t saieth that the said Compl(ainan)t Cominge to this defend(an)ts house aboute sixe weeks after his said wieves death and then and there this defend(an)t deliv(er)ed or Caused to be deliv(er)ed to the said compl(ainan)t the said Rideinge suite Cloake and savegard one of the beaver hatts and the said truncke and all the Linnen in yt and the residue wear by him left in this defend(an)ts Custody there beinge then due to this defend(an)t for his said wiefs lodginge diett and other nessisaris as aforesaid the said some of five pounds seaventeene shillings And this defend(an)t saith that at the said Compl(ainan)ts earnest request this defend(an)t gave iunto the said Compl(ainan)t newe? Credditt for meate drinke and lodgings w(hi)ch w(i)th the charges for his dyett and lodginge came to about the some of five pounds ov(er) and beside what was due in his said wiefs liefetyme w(hi)ch the said Compl(ainan)t neclectinge to pay and this defend(an)ts occations and nessesitys for moneyes beinge very greate this defend(an)t was forced to pawne all or most the said goods then in this defend(an)ts Custody for fouer pounds And the said Compl(ainan)t was acquainted w(i)th the same and consented therunto and did agree that the same should Continue there and wished the partie to whome they weare pawned to to keepe them for a moneth And this defend(an)t saieth that the said goods doe still ly in the handes of the said party to whome the same weare pawned And this defend(an)t doth not desire to make any advauntage of the same or to keepe them from the said Compl(ainan)t And the said partie w(hi)ch the goods weare pawned unto did threten to make sale of them She having the said goods in her posession allmost three yeers in regard the said Compl(ainan)t neclecting his promise to redeeme the said goods And the said partie w(hi)ch had the said goods in pawne did gett them praysed by twoe of the Citty praysers and deliv(er)ed the bill of praysment (appraisement) w(i)th the praysers (appraisers) hands unto it unto the said defend(an)t and the said de [sic] defend(an)t did she said bill of praysment into the said Compl(ainan)ts hands and he the said Compl(ainan)t keepith yt still in his Custody But this defend(an)t saieth that uppon the Compl(ainan)ts payment of the money borrowed uppon the said goods and of that other some or somes of money is or are justly due unto this defend(an)t and of what moneys this defend(an)t hath paid and must pay for intrest or use money or broakage for the saide goods w(i)th damages for the same and this defend(an)ts Costs this defend(an)t will procure all the said goods to be deliv(er)ed to the said Compl(ainan)t w(i)thout that that any other matter or thinge in the compl(ainan)ts bill of complaint conteined matteriall or effectuall in the law to be answered unto confessed or avoyded trav(er)sed or denied is true All which matters and thinges this defend(an)t is ready to averre and prove as this hono(ra)ble Court shall award and humbly prayeth to be h_____ dismissed with his reasonable costs and charges in this behalfe wronfully sustened
