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Frank Farnsworth Starr.

English Goodwin family papers; being material collected in the search for the ancestry of William and Ozias Goodwin, immigrants of 1632 and residents of Hartford, Connecticut .. online

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Online LibraryFrank Farnsworth StarrEnglish Goodwin family papers; being material collected in the search for the ancestry of William and Ozias Goodwin, immigrants of 1632 and residents of Hartford, Connecticut .. → online text (page 18 of 44)
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ing to herself all advantage of excepcon to the incertenty and
insufficiency of the said defendant's answer for replicacon saith
as she hath before by her said bill of complaint said and doth and
will averre justifie and maynteyne her said bill and all and euery
thing clause and article therein conteyned to be good just and
true in such Manner and forme as in and by the same is truly
set forth and declared and that the answer of the defendant is
untrue insufficient in the lawe to be replyed to for dyvers ymper-
fecons therein conteyned without that that any other matter or
thing in the said defendants answer conteyned materiall and
efifectuall to be replyed to and not herein sufficiently replyed unto
is true all which matters replyant is ready to averr and prove
etc. etc.

Chancery Proceedings, Charles I, G, bundle 64, no. 28.

The plea and demurrer of Richard Stofarde, gent, defendant
to the bill of review of John Goodinge als Reynoldes, complain-
ant Defendant by protestacion not acknowledging nor confess-
ing anie the matters in the bill alledges for review and reversal!
of the said decree to be true etc. But maintaining the proceed-
ings in the said cause to be iust and true and according to the
course of the High Court etc. saieth that hee is and was at making
of said decree administrator of George Stoforde etc. and that
complainant was served with a writ of execucion theretofore
before the said bill exhibited and required to performe the same
and hath not done it or putt in security to answeare this defend-
ant his costs etc. Claymes that by rules and orders of the Court
bill ought not to be admitted to reviewe. Complainant labours
to reverse decree in respect of the said farme, previous case in
which this defendant was complainant and decree given by Sir
Edward Salter, Knt. one of the Masters that mayne profitts ought
not to be deducted etc and that lease to Juson was but a mort-
gage and this defendant redeemed the same and this defendant
is counselled that said matters should not be re-examined againe
and complainant pretendeth a conveyance made by him to one
William Drake and pretendeth disabilitie to performe said decree.
Defendant is assured that this is not any waies materiall and doth
demurre in lawe etc. etc.

Chancery Proceedings, Charles I, G, bundle 64, no. 91.



CHANCERY PROCEEDINGS. 887

The repHcacon of Edward Goddin, complainant, to the joynt
answeares of John Whiffin and James Goddin, defendants. For
replicacion sayeth that in all matters and thinges as in and by
his said bill he hath already said and that hee doth and will averr
etc. and that the answers of the said defendants are very uncer-
tain and utterly insufficient to be replyed to for manifest defects
and imperf ecions therein. Neverthelesse the advantage and bene-
fitt of excepcion to the uncertainties etc. thereof nowe and here-
after saved and reserved and for further replicacion saith that
the said £40 borrowed from the defendant Whififin and for which
this replyant stood bound with Anthony Goddin and said James
Goddin was taken up at interest by said Anthony for his owne
personal occassions and this defendant and James Goddin were
only sureties and said Anthony promised to secure and save your
orator harmless and that it was not the proper debt of your
orator but of said Anthony and denieth that he did at anie time
promise to saue the said James Goddin or become bond to that
purpose etc. etc. etc.

Chancery Proceedings, Charles I, G, bundle 65, no. 16.

Replicacion of Thomas Kitchen, Gierke, complainant to joint
and several answers of George Goodwyn, Robert Tovill and John
Harte, defendants. All and every matter in said bill of complain-
ant sayth to be just and true notwithstanding upon request of said
Hugh Lorde and other of the chiefest inhabitants of the said town
of Groundesbroughe was content at this complainant's own charge
to being (bring?) down a commission into the countrey for end-
ing of the said sute. And before the execution of said commis-
sion said High Lorde and the defendants did request this com-
plainant that some good end might be made and no more money
spent at lawe and this complainant yielded and defendants did
agree to pay said £40 and costs and said defendants combine and
make a purse out of the poores money for such intent as in the
bill alledged and that forbearance of this money promised by
defendants hath caused this complainant to pay interest and
resigne fellowshop in Trinitie Colledge, Cambridge, and said
defendants caused this complainant to be arrested without that
etc. this complainant is not content with his proper duties of the
Church which are in said towne belonging unto him etc. etc.
Chancery Proceedings, Charles I, K, bundle 27, no. 106.



888 ENGLISH GOODWIN FAMILY PAPERS.

Replicacon of Francis Langly, complainant, to the answer of
Richard Goodwin and others, defendants. Avers his bill to be
true and defendants answers to be uncertain etc. etc.

Chancery Proceedings, Charles I, L, bundle 65, no. 9.

Replicacion of Samuel Moody to answere of Thomas Good-
wyn, Thomas Webb and John Tillot, gents, defendants. Men-
tions bill and further demurs any of them were engaged with said
Leonard Tillott in bill mentioned and if such engagements, denys
defendants were free as to lands jointly purchased and at time of
decease of said Leonard Tillot, lands and other estate were ample
to satisfy in last will and testament of Leonard Tillott.

Chancery Proceedings, Charles I, M, bundle 79, no. 103.

The Replicacon of Robert Otringham and Elizabeth his wife,
complainants, to the ioynt and seuerall answers of John Good-
win, gent, and Margaret his wife, defendants. The said reply-
ants for replicacon say and euery of theire replies sayth in all
and every master thing and things as they before in their said
bill have said and doe and will averre maintaine iustifie and prove
their said bill of complaint and all and euery the matters claimes
articles and allegacons thereto conteyned to be iust certaine true
and sufficient in the lawe to be answered unto by the said defend-
ants and further say and euery of them saith that the answeres
of the said defendants in so much as is materiall to be replyed unto
by those replyants are very untrue uncertaine and insufficient in
the lawe to be plied unto by these replyants for many manifest
imperfecons therein appearinge the benefit and advantage of
excepcons whereunto now and att all tymes being to these reply-
ants saved and reserved. Without that that any other matter
materiall or efifectuall in the lawe for these replyants to reply
unto and not herin and hereby sufficiently replyed unto confessed
and avoided traversed or denied is true all which matters these
replyants are and will be ready to averr and prove etc. etc.
Chancery Proceedings, Charles I, Robinson, O, bundle 15,

no. 4.

The replicacion of John Parham, complainant to the answere
of Edward Goodwin and Stephen Shortred, defendants. All
advantages of excepcon to the untruthes incertainties and other



CHANCERY PROCEEDINGS. 889

imperfecons of the said defendants answeares now and at all
tymes hereafter being saved and reserved vnto this replyant.
Hee this replyant for replicacon saith as in his said bill of com-
plaint hee hath already said and sett forth and this replyant
further replyeth and saith that hee doth and will averr iustifye
and maintaine his said bill of complaint in all and every matter
and thinge therein contayned to be true certayne and sufficient
in the lawe to be answered vnto in such manner and forme as
in the said bill of complaint is now truely sett forth and declared
and hopeth to make good proofe thereof to this Honorable Court
in such manner as this Court shall awarde and therefore prayeth
etc. etc.

Chancery Proceedings, Charles I, P, bundle 99, no. 28.

Replicacon of Richard Stoford, gent, to answer of John
Goodinge als Reynolls, defendant. Affirms his bill to be true.
Rejoinder of John Goodinge als Reynols to the above replicacion
of Richard Stoford, affirms his answer to be true.

Chancery Proceedings, Charles I, S, bundle 120, no. 13.

May 1619 The Demurrer and plea of Humfrey Goodwyn
one of the defendants to the bill of complaint of Richard Good-
wyn, complainant. Not confessing nor acknowledging anything
in the said bill alledged materiall and that matters in said bill
are determinable in comon lawe for which causes etc. defendant
doth demur. Further sayeth that this defendant and George
Goodwyn another defendant in Easter terme, 161 8 did exhibit
their bill against complainant and sought to be relieved con-
searning the said promise of £500 menconed and complainant
answered and it was ordered that said suite should be heard and
taken at comon lawe and in a suite at King's Bench the then
complainants did declare that one Roger Goodwin did promise
£500 to said defendant after his the said Rogers decease upon
condition that he would marrie his nowe wife which promise
the then defendant did denye and judgement was found for this
defendant then complainant for £500 and I3£. 13s. 4d. costs and
execucon was taken and now complainant hath brought his writ
of error upp and exhibited his bill etc. prays to be dismissed. At
Momarsh 22 May, 17 James.

Chancery Proceedings, Charles I, G, bundle 63, no. 100.



890 ENGLISH GOODWIN FAMILY PAPERS.

23 October 1620. To Rt. Hon. Thomas, Lord Ellesmere, Lord
Chancellor etc. Bill of complaint of Theodore Goodwyn of the
Cittye of Norwich Esqre. that one Henrye Tilnye of Easthed-
denham, county Norfolk, gent, seised of a messuage called
Nether Howse als Reades and one messuage called the newe
brickehouse als Martyns and dyvers lands, etc. in Eastheddenham,
Bernham, Bickerston and elsewhere and said Tilnye borrowed
diuers somes of money from your orator and promised your
orator to enter into seuerall bondes for his debts to the valewe
of £500 and for security became bound to your orator in £2000
dated 24 April, 5 James, and hath promised to discharge your
orator of the said bonds and your orator entreated said Tilnye
to clear all matters and it was agreed that if your orator should
disburse iioooo that said Tilnye should grant your orator a
yearly rent or annuytie of £90 out of said lands etc. and certain
indentures were made November, 7 James yett hath said Tilnye
broken his agreement and not saved your orator harmless yet
to defraude your orator of his monies and to lay said bonds upon
your orator hath made some secret conveyance of said lands
either in trust to Agnes his wifife or to his sonne and heire now
non age or to some other such use etc. etc. etc.

Chancery Proceedings, Charles I, G, bundle 63, no. 107.

19 November 1621. George Churchman of Watsham, county
Kent, complainant, showeth that whereas George Wenham late
whilst he lived of Battell in the county of Sussex, yeoman, was
seized etc. of a certain messuage and lands in Wilsham and
being so seized the 30 day of December 161 7 made his last will
and testament in writing and thereby devised the said messuage
and lands vnto Dionis his wife for terme of her life and after
her death to your orator and to Thomas Gosling and Elizabeth
Gosling, the children of his sister Gosling of Witsham and to
their heirs, and he further willed that your orator and the said
Thomas and Elizabeth Gosling should pay or cause to be paid
out of the said lands to Oliver flfidge 20 shillings unto his
Brother Gosling, as before was menconed. To Katherine
Mosden and Lewis Mosden 40s. apeece. To Ann Mosden 40s.
To Oliver ffidge the younger and Dorothy ffidge 40s. a yeere,
and the said wife Dionas was made executrix of his will, and



CHANCERY PROCEEDINGS, 89 1

shortly after having made same, the said George Wenham died
at Battell aforesaid, after which the said Dionas his wife entered
into the said premises etc. The said Dionas died shortly after
and by vertue of the said demise named above, your orator and
Thomas and Elizabeth Gosling entered into possession of the
said premises, and have paid all the legacies etc. aforesaid. But
now one Robert Addames of ffayrley, county Sussex, being
cosen and next heire unto the said George \A^enham having got-
ten into his custody all the writings concerning the said lands,
seeks to enter into possession etc. refusing to give unto orator
the said writings etc. Complainant requests the Court to issue
a writ of subpoena directing the said Robert Addams to appear
and show cause etc. etc.

H. Jordan
No answer.

Chancery Proceedings, Charles I, C, bundle 30, no. i.

25 November 1623. To Rt. Hon. Rt. Rev father in God, John,
Lord Bishopp of Lincolne. Lord Keeper, etc. Bill of complaint
of Thomas Godwyn of Noke, county Hereford, carpenter that
.William Grobb of Weston in said county, yeoman, about 17

James, borrowed of one John ap David of in county

Radnor, yeoman, who did usually lend money at interest the
some of £6 and with your orator as surety the said Grubb became
bound to said ap David in ii2 and the said Grubb having
receaved the £6 and ymployed same was unable to repay the
same at the tyme lymited and intreated the said ap David to
forbeare and accept interest and being content to do so after
a short tyme was paid said £6 and interest and your orator
understanding that said debt was paid entreated the said ap
David and Grubb to give up the said bond to be cancelled and
the said ap David confessing that he was sattisfied of said debt
except a small trifle of los. agreed to give up said bond to your
orator soe soone as he could find the same. But now the said
ap David hath entred said bond in suite against your orator and
doth vyolently prosecute your orator and yett doth forbeare
against said Grubb etc.

Chancery Proceedings, Charles I, G, bundle 62, no. 97.



892 ENGLISH GOODWIN FAMILY PAPERS.

30 January 1623. To Right Honorable and Right Reverend
Father in God, John, Lord Bishopp of Lincohie, Lord Keeper
etc. Bill of Complaint of Humphrey Goodwyn of Rawmarshe
in the county of Yorke that Richarde Cudworthe of Barghe in
the parish of Darton in said county, yeoman, about the 21 June
1623 (sic) pretending that he was the sole owner and seazed
in a cottage or a tenement free of all incumbrances etc. situate
in Rawmarsh called Stockeland then in occupation of William
Jackson, husbandman, and one Little Pingle in Rawmarsh neare
a field called Peasehill and the moytie of a close called Potter-
dike in the parish of Rawmarsh etc. etc. in occupation of the
said Humphrey except for cheife rents not then due and one
lease parcell thereof made to Anthony Goodwyn your orator's
Sonne for twenty one years and by an indenture of same date
for £22 granted the same to your orator with the proviso of
redemption for £4 on 24 June, one Thousand sixe hundred and
foureteen (sci) then the said indenture to be made voyde etc.
etc. and further that if said some was not paid that then your
orator should within one moneth after said date pay 40s. in full
sattisfaccon and absolute bargaine and sale of the said premises
and the said £22 was not repayed and your said orator paid the
said 40s. since which time the said Cudworth and one John Elly-
son als Cudworth his supposed sonne have given forth that your
orator cannot hold said tenements lands etc. etc. longer than the
life of the said Richard and that an estate was made to the said
Ellison and doe detayne the evidences from your orator etc. etc.
Chancery Proceedings, Charles I, G, bundle 61, no. 171.

9 May 1624. To Right Honorable Thomas, Lord Coventry
etc. Bill of Complaint of John Gooding als Reynolds in ye
county of Devon, yeoman, that about July, 8 Charles was seised
in a fourth part of a moyty in the messuage of Barton Farm in
county Devon purchased joyntly with George Stoford late of
Ottery St. Mary in said county Devon, Esqre. deceased of one
Hillinge and the said Stoford in his life time by deed dated 22
August, 22 James for £220 granted to one Richard Mallacke a
fowerth part of the said messuage from i September 1625 for
300 years with condition of redemption for £238 upon said ist
September which said some was never payed and said Mallack
became possessed of the said fowerth part and was willing to



CHANCERY PROCEEDINGS. 893

sell the same and treated with your orator for the same and it
was agreed that your orator should have the same and your
orator then desired to have the lease to take advice of counsell
as to the validity of said lease which said Mallacke refused to
allow but only by one Mr. Putt a neighbour of the said Mallacke
and the said Putt did affirme to the title of the said Mallacke
and drewe upp a writing purporting to be an assignment to one
Edward Vinton named by your orator in trust and your orator
did give security with one William Drake for payment and for
said Mr. Drake's counter security did mortgage his said moyty
with condition to be voyd if he were saved harmless etc. and
your orator took counsell as to said assignment and it was
declared that nothing passed to said Vinton whereupon your
orator desired said Mallacke to make a better assurance thereof
which said Mallacke promised to do. But now said Mallacke
^hath commenced a suite at lawe upon the said bond albeit noe
money is yet due of purpose that your orator's counter security
may be forfeited and seeketh to have the penalty for same etc.
etc. With answer of Richard Mallacke, defendant 7 June.
Chancery Proceedings, Charles I, G, bundle 28, no. 37.

27 May 1624. To Rt. Hon. Thomas, Lord Coventrie, Lord
Keeper etc. Bill of Complaint of Thomas Godwyne D.D. one
of the Cannons of the Cathedral Church of Hereford, Morgan
Godwyn, brother of said Thomas and Thomas Swyfte of Good-
rich, clerke, that John Dewe late of in county Hereford,

gent, and Thomas Dewe his sonne were or one of them seized in
dyvers messuages in the Mannor of Goodrich, Milton Worms-
lowe and of dyvers messuages etc. in the forest of Deane in
county Gloucester and the said John desiring to match his said
Sonne Thomas did about seven or eight years since enter into
treaty with one Mrs. Littleburie or some such like name and did
enter into a bond for some great some and same was assigned
to one Richard Price and about three years since said Dewe
conveyed to one Christopher Dewe and his heires, brother of
said John, all or most part of said messuage etc. in Hunsam in
Mannor of Goodrich and other lands to one Males and Talbott
and about Christmas twelve moneth and have entered into other
bonds etc. unknown to your orators and said Christopher being
privy did offer to sell the said lands to your orator Thomas



894 ENGLISH GOODWIN FAMILY PAPERS.

Godwyn and prevayled upon your orator to buy same affirming
that there were any recognisances estates or incumbrances on
said lands and Michaehnas last a bargain was concluded and
your orator Thomas employed said Morgan Godwyn and Swyfte
in assuring said lands to your orator and your orator also did
bargain for other lands of the said John not assured to said
Christopher and same were by the said John Dewes, Rose his
wife, Thomas and Christopher unto your orator. But now after
great somes being paid the said Price by combynation with the
said John and Christopher and others to seek to exclude your
said orator of his bargaine of said lands with interest to defraud
your orator of the somes so paid etc. With answer of Richard
Price one of the defendants, 28 May, 1629.

Chancery Proceedings, Charles I, G, bundle 43, no. 57.

12 June 1624. To Right Hon. and Rt. Rev. Father in God,
John, Lord Bishop of Lyncolne, Lord Keeper etc. Bill of com-
plaint of Jasper Goodinge of Framlingham in county Suffolk,
mercer, that about December, 20 James, he did for £1480 pur-
chase of one George Spalding of Framlingham, yeoman, diuers
messuages etc. etc. in Framlingham and Parham in said county
of the yearly value of i8o part freehold and part coppiehold of
the Rt. Hon. Thomas, Earle of Sufifolk as of his Mannor of
Framlingham ad Catra in said County and did also buy of the
said Spalding certain bedding etc. in the said messuage etc. But
now the said George Spalding and Marie his wife, John Pigeon
and William Mease, gentleman, brothers in law of said George
combyning to defraude your orator of the said premises did
before the passing of the said assurances to your orator make
diuers secret entries into the said premises and passed secret
estates to use of said Mary after the death of her said husband,
and to diuerse other persons unknown and have gotten unto
their hands all the deeds etc. to the great preiudice of your orator,
and have by secret means conveyed the said goods etc. out of
said messuage, to places unknown to your orator etc. With
answers of John Pigeon, gent, William Mease, gent, Mary
Spalding, wife of George Spalding, three of the defendants 30
September 1624.

Chancery Proceedings, Charles I, G, bundle 19, no. 66.



CHANCERY PROCEEDINGS. 895

9 July 1624 Complaint of Robert Mason of Kings Lynn,
county Norfolk, mariner, that about two years sithence your
orator being then master of good ship belonging in port of
Kings Lynn called the Tryall communication had between your
orator and Daniell Gooding of same town, merchant, concerning
voyage your orator intended making in Denmark with said ship
to Dantsicke and agreed that your orator with next fair wind
should transport for said Daniel Gooding from said port of
Kings Lynn to said port of Dantsicke anie parcells of lambe-
skines, cowyskines. sheapesleather etc. which said Daniel Good-
ing should send abroad, he being also to go along and that your
orator should likewise return from Dantsicke to Kings Lynn
and to bring such other parcells of tarre, pitch, etc. of said
Gooding and said Daniel Gooding to pay your orator £95 whereof
£50 in hand upon his return and residue within three months,
and did bind each other by covenants and your orator did per-
form his parte to Dantscike where he landed and delivered up
on shore safe said Daniel Gooding and his goods and did return
with said comodyties of said Daniel Gooding to Kings Lynn and
set Daniel Gooding and goods safe on shore. And your orator
demanding of said Daniel Gooding said £50 and also thirteen
dollars of silver money at rate of 4s. 4d. a dollar due to your
orator as shippmaster accounts to customs at Dantsicke which
said thirteen dollars said Daniel Gooding had received by way of
discount upon custom due etc. and promised your orator to pay
him the same. The said Daniel Gooding paid your orator said
£50 and out of the residue of said fraightage remaining payable
at three months end said Daniel Gooding demanded abatement
of £3 and wished your orator to deal with his parte owners of
shipp etc. which he promised to try to do. And your orator
received £3 of said Daniel Gooding and delivered him a bill
providing that if his said owners would not abate said Daniel
Gooding would not sue him, and said owners refused and your
orator hath asked said Daniel Gooding for his bill. But said
Daniel Gooding refuseth etc. etc.

Chancery Proceedings, Charles I, M, bvmdle 3, no. 26,

12 February 1624. To Right Reverend father in God, John,
Bishop of Lyncoln, Lord Keeper, etc. Bill of Complaint of



896 ENGLISH GOODWIN FAMILY PAPERS.

Jeremie Goodwyn of Wartlinge in county Sussex, mercer, not
able to manage his affairs of trade etc. bothe at home and abroade
did intertain one Robert Rolfe as his servant and apprentice and
he intrusted Rolfe with his wares and to keepe his shoppe etc.
But nowe said Rolfe taking advantage of your orator's often
absence etc. combyned with one Danyell Seivier of Wartling
aforesaid, husbandman, and Margaret his wife and Thomas Tye
of same, tayler and Reioyce his wife, John Baker and Edward
Brooke both of same, husbandmen, to defraude your orator and
to convey away certain of his wares and moneys etc. to their own
use etc. to the valewe of £60 or 100 marks or thereabout and have
so secretly disposed of same that your orator cannot tell where
said goods are and the said Rolfe did embessell somes amounting
to £14. 15s. and did hide same in a stack of hay as your orator
is informed then said Brooke being priuy to the same by which
practices your orator hath lost a greater part of his estate etc.
With answer of Daniell Sivier and Margaret his wife, Thomas
Tye, Reioyce his wife, John Baker and Edward Brooke, defend-
ants.

Chancery Proceedings, Charles I, G, bundle 10, no. 3.

26 May 1625. To Rt. Hon. and Rt. Rev. Father in God, John,
Lord Bishop of Lincolne, Lord Keeper, etc. Bill of Complaint
of Elizabeth Goodwyn, widow, and Johane Lomas, widowe, late



Online LibraryFrank Farnsworth StarrEnglish Goodwin family papers; being material collected in the search for the ancestry of William and Ozias Goodwin, immigrants of 1632 and residents of Hartford, Connecticut .. → online text (page 18 of 44)