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112 Deliver up possession of their severall parcells of land to the Comp.lt whose undoubted Right they were nor would they discover by what right or title they held the same Contrarÿ to Equity therefore to enforce a Discoverÿ of the said will and to have the said Def.ts sett forth & discover their severall titles to their parcells of Land they soe held and to have an accompt of & satisfaction for their profitts of the same and that the s.d Lands might be Decreed to the Comp.lt and his heyres for ever according to the will of the said Cap.t W.m Hawley and that the Def.t might true answer make to the premises & the Comp.lt releeved therein according to Equity he humbly craved the favourable aid and assistance of this Honn.rble Court and that proces of Subp.a might be thereout awarded against the said Thomas Mathews the Elder George Charlsworth Henry Rider Joseph Hackney W.m Clawe & Sarah his wife and Rich.d Cole to appear and answer the Premisses the w.ch being granted and the said Defend.ts therewithall served they appeared accordingly and the said Thomas Mathews the elder putt in his answer to the s.d bill & thereby amongst other things did sett forth that he beleived the said W.m Hawley had such right to y.e premisses as before is sett forth and that the Comp.lt was his Godsonne and there being great Intimacÿ between the said W.m Hawley and Nich.o Guyther father of the Comp.lt the said W.m Hawley did often in the Def.ts hearing assure the said Nicholas that he would settle the premisses on him in Consideration of the said Nicholas maintaining the said W.m Hawley dureing his life that the said Nicholas being taken a prisoner att Severne by the Enemys to the L.d Prop.ry and was Condemned to be shott to death but afterwards Escaped and gott for England and in the meane tyme the Def.t had Purchased of the said William Hawley four hundred Acres of Land on the South side of S.t Ellens Creeke called Mathews hope and for the same was to give to the said William Hawly five Thousand pounds of Tobacco and payd in part thereof to the said W.m Hawley in his life tyme to the best of the Def.ts Remembrance about Three Thousand pounds of Tobacco after which troubles ariseing in the Country and the Def.t alsoe being in the service of the said Lord Prop.ry and his Lordps freinds were looked on as trayto.rs to the then present Government the Def.t neglected to take an assureance from (The) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 112 View pdf image |
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