National Archives.
Document type: Bill and two answers.
Plaintiffs: Mary Pyke (widow of John Pyke, esq deceased late of Woodenstone, Tipperara, Ireland, and one of the daughters of Richard Hinde, brewer deceased late of Hatton Garden and Mary Hinde his wife).
Defendants: Mary Hinde, widow, Robert Hinde, John Goulde, esq, Thomas Pyke, John Pyke and Hinde Pyke, infants (by Peter Hinde senior, their uncle).
Date of bill (or first document): 1734.
Bill of Complaint: (transcribed by Marcus Bateman and John Paul Bradford)
Humbly complaining showeth unto your Lordships your Oratrix Mary PYKE widow and relict of John PYKE late of Woodenstone in the County of Tipperara in the Kingdom of Ireland Esquire deceased and one of daughters of Richard HINDE late of Hatton Garden, Brewer //
Deceased and of Mary his wife how his widow and relict. That your Oratrix before and at the time of her marriage with the said John PYKE was under the Will of her said late father Richard HINDE and one of his residuary legatees [inserted: therein] named of his personal estate entitled to a present or Iniderate? ffortune of //
The value of three thousand pounds or thereabouts. And that under the said Will and the Settlement made on the marriage of your Oratrix’s said ffather and mother Richard HINDE and Mary his wife your Oratrix was or will be entitled to the sum of one thousand pounds //
Or thereabouts on the death of your Oratrixs said Mother Mary HINDE. And your Oratrix further showeth that provisions to the marriage between the said John PYKE deceased and your Oratrix which was solemnized in the minority of your Oratrix the said John PYKE in //
consideration of such intended marriage but without the priority and concurrence of the trustees and executors of this Will of the Richard HINDE her father herein after named did enter into and execute certain articles bearing date on or about the eleventh day of July One thousand Seven Hundred //
And twenty three made or mentioned to be made between the said John PYKE since deceased of the first part your Oratrix (then Mary HINDE spinster) of the second part Peter HINDE junior of [long blank space] of the third //
part whereby in consideration of the said intended marriage and of the marriage portion which the said John PYKE was to receive with your Oratrix the said John PYKE did covenant and agree to and with the said Peter HINDE that he the said //
John PYKE would in twelve months after the marriage well and sufficiently convey assure settle and limit Lands in the Kingdom of Ireland of the clear yearly value of four hundred pounds sterling as money was valued in that kingdom in such [fold]ort and //
manner that immediately from and after the decease of your Oratrix’s said husband the same might be held and enjoyed by your Oratrix for and during her natural life as her jointure and in bar of her dower or thirds at Common Law and so as a term //
of two hundred years of and in part of the same premises of the clear yearly value of three hundred pounds according to the valuation of money in Ireland might be limited from and after decease of the Survivor of them to certain to be nominated for that p [fold] ed In //
Trust by sale or mortgage of the said term and of the lands to be comprised thereinto raise the Sum of fFour Thousand pounds for this portion of such Daughters and Younger Sons of Your Oratrix and the said John Pyke as Should be living and unprofessed at the deceased of the said//
John PYKE to be equally divided amongst them and to be paid them at their respective ages of twenty one years or days of marriage which should first happen And in such manner as that the Same Laws Subject to such Terme and Trust from and after the Decease of the said//
John PYKE and your Oratrix and the Survivor of them should successively go to and be enjoyed by the ffirst Second Third ffourth and every other Son and Sons of the said then intended Marriage and the Severall and respective heirs Male of his and their Body and Bodys//
To be begotten in remainder one after another according to their priority of birth and Twenty of Ages and for Default of such Issue then to all and every the Daughter and Daughters of this Marriage as Tenants in Common and the heirs of the Body of all and every//
Such daughter and daughters lawfully issuing. And it was thereby further Agreed that the portion or ffortune of Your Oratrix should remain and Continue in the hands of her Trustee or Trustees untill the Conveyance or Settlement thereby Intended should be//
Executed. But nevertheless that for enabling the said John PYKE to execute and Compleat the said Conveyance Assurance and Settlement the portion or ffortune of Your Oratrix or a Competent part thereof Should be Applyed towards the Discharge the the //
Incumbrances affecting the premises. And that the over plus thereof if any should after the making of the said Indented Settlement and Conveyance be paid to the said John Pyke his Executors Administrators or Assigns And your Oratrix further showeth//
Unto your Lordships that the said John PYKE on the same day he executed the said Articles did likewise duly enter into and Execute a Bond or Obligation to the said Peter Hinde of the penalty of Eight Thousand Pounds Conditioned for his the said John Pykes due performance of the//
Covenants and agreements contained in the said articles as in and by the said Rented Articles and Bond when the same shall be respectively produced to this honourable Court will and may more fully and at large Appear and Your Oratrix further Showeth That Some//
Short time after the said articles the said Marriage between the said John Pyke and your Oratrix took effect but the said John Pyke before or after his said Marriage neither did nor could make out a Title to the Lands in Ireland of the Clear Yearly Value of//
Four hundred pounds according to his said agreement But on the contrary it appeared after the said Marriage that the said John Pykes Estate [inserted: in Ireland] was so over loaded and Incumbered with Mortgages Judgements and Incumbrances that the ffortune of Your Oratrix was not//
Near sufficient to pay of the Mortgages and Incumbrances prior to the said Articles wherefore the Executors and Trustees of Your Oratrix said Ffather who were neither party to nor Acquainted with the said Articles did not think it Adviseable to pay or Apply the\\
Fortune of your Oratrix or any part thereof in Discharge of such Incumbrances or any them And Your Oratrix likewise Charges that the said John Pyke after his said Marriage instead of Using his Endeavour to Remove and Clear his Estate from any of the [fold]//
Incumbrances wherewith the same was charged before such his marriage was so unhappy as to Incumber the same further or at least other Judgements and Incumbrances to this Account of Several Thousand pounds were Reserved or Sett up against the said John Pyke after such his Marriage//
Whereby his Estate and Circumstances became more entangled and himself rendred less able to perform the said Articles and Your Oratrix further Charges that the said John Pyke lived with Your Oratrix from the time of their said Marriage till about the Month of June One Thousand//
Seven hundred and twenty eight but before that time the said John Pyke was forced by reason of his many and lidary? debts for a long time to Conseal himself from this Creditors for fear of Imprisonment and although finding it Impossible to Extricate himself from the [fold] ltys //
He lay under and having then two Children vizt Thomas Pyke his Eldest Son and John Pyke hereafter named and your Oratrix being then Eusiout? with another son afterwards named Hinde Pyke hereafter named and Your Oratrixes said husband being Unable to maintain hirself//
Your Oratrix his wife and children any longer proposed to Retire from your Oratrix and his ffamily and to live Separately and privately for some yeares with an Intention if possible to Retreive his Circumstances and be in a Condition to make the Settlement he had Agreed to by the said Articles and to the End th [fold] your//
Oratrix and her children by him might in the meantime during his separation and his Retirement be Maintained and Supported As the said John Pyke Consented that the Interest and produce of Your Oratrix fFortune Should be Assigned So as Your Oratrix might have and Receive the same during//
such their separation for the Maintenances of herself and Children And accordingly the said John Pyke and your Oratrix duly made and Executed a certain Indentures Tripartite bearing date on or about this Twenty Ninth day of June One Thousand Seven Hundred and Twenty Eight//
made between the said John Pyke of the ffirst part, your Oratrix of the second part and Henry Jacomb of Symmonds Inn in Chancery Lane London Gentleman of the third part whereby Reciting that the said Richard Hinde your Oratrixes ffather had by his last Will [fold] and//
left to his Daughter your Oratrix a fFortune in money and Stocks to the Amount of about Three Thousand ffive Hundred pounds besides One Thousand pounds more on the death of Your Oratrixes said Mother And that the said John Pyke and Your Oratrix had Received [fold] the//
Interest Dividends and profitts of her said fFortune to Widdo? muuidr? these last And that they had then Two Children living the [inserted: afore] said Thomas Pyke and John Pyke And that Your Oratrix was then big with Child (as in fact she was) with the said Hinde Pyke and usar? [inserted: the kind of] leaed? she//
and further Reciting the Effect of the aforesaid Articles on the Marriage of the said John Pyke and Your Oratrix And that the said John Pykes Estate in Ireland was so Incumbred that he had not been nor was able with Your Oratrixes ffortune or otherwise to discharge he same [fold]//
such Settlement as was Agreed by the said Articles And that the said John Pyke could not Cohabit with his said wife but was under a necessity of Living from her and that it was Agreed that till the said John Pyke should be able to make such Settlement on Your Oratrix and C[fold]//
with her that she Should receive the Interest and produce of her fFortune for the Maintenance of herself and Children ffor these Considerations and purposes And in Consideration of ffive Shillings therein mentioned to be paid by the said Henry Jacomb The said John Pyke did th [fold]//
with the Consent of your Oratrix Assign and Transferr unto the said Henry Jacomb All the Interest Dividends and proceed which had or Should any time after Midsummer then last be made Arrear? or because due of or for the ffortune of your Oratrix during Your Oratrixes life in Case the Agreement//
the said Indenture should not Sooner determine and all the Estate Right Citte Interest Claime Demand of him the said John Pyke to hold preserve and take the same unto the said Henry Jacomb upon the Trust and purposes therein and hereinafter mentioned in which said Indentures are//
Contained proper power of Attorney and Clauses to Receive and Give Receipts and Discharges for such Interest and Dividends and Proper Covenants from the said John Pyke not to Revoke any of the powers or Authoritys thereby given during the Continuance of the said Indenture And for further Assurance [fold]//
thereby Declared and Agreed by and between the partys to the said Indenture That the said Assignment thereby made to the said Henry Jacomb was upon Trust and to the Intent That the said Henry Jacomb should pay all such Interest Dividends and Profitts after a Deduction of thereas onable? [cut off]//
and Charges he should Sustain by indauds? of the said Trust to the proper hands of your Oratrix for the necessary and personall Subsistance Support and Maintenance of Your Oratrix and her Children during the Life or your Oratrix notwithstanding her Coverture in Case the said Ind [cut off]//
should so long Continue and not be Determined and that the Receipt of Your Oratrix alone without her husband should be good and sufficient Discharge to the said Henry Jacomb and to all other persons from whom She Should Receive the same notwithstanding her Coverturen Lu? wh [cut off]//
Indenture is Contained a provisoe that when and so soon as the said John Pyke should have paid and Satisfied all his Debts and Settled ffreehold Lands and ffour Hundred pounds per Annum upon your Oratrix and his Children of a good Title According to the said Marriage Articles in [cut off]//
manner as the Executors and Trustees of the said Richard Hinds deceased or their Counsel should Advise and return to and Cohabit with Your Oratix the said Indenture and every thing therein Contained Should Cease Determine and be Void us in and by the said Recited Inden [cut off]//
relation being thereunto had will and may more fully and at large Appear and Your Oratrix further Sheweth unto Your Lordship That after the Execution of the said Indenture the said John Pyke Seperated and Retired from your Oratrix and his ffamily and Conseale [cut off]//
for some time at Severall places and then went over into fFlanders where he died in or about the Month of May One Thousand Seven Hundred and Twenty Nine without having ever made and by Reason of such his aforesaid Incumbrances not being in [cut off]//
to make the Settlement he had Agreed to in and by the said Recited Articles And your Oratrix likewise Sheweth unto your Lordship That some time before the death of the said John Pyke and Shortly after he had so Executed the said Deed of Assignment Yo [cut off]//
was Delivered of the said Hinde Pyke of whom She was with Child at the time the said Deed was Executed and that the said John Pyke left at his death by Your Oratrix the aforesaid Thomas Pyke his Eldest Son and Heir and the said John and Hine Pyke [fold]//
Children and Your Oratrix further showeth your Lordship That the said John Pyke [inserted: before] his death made some will whereby he Devised all his Estate in the Kingdom of Ireland no otherwise Settled by an Act of Parliament that lately passed there to your Oratrix and On [fold]//
do grver? for the Terme of Nine Hundred and Ninety Nine Yeares for the payment of this Debts and Legaces or to some such Effect but made no Executor of his said Will nor hath any person taking upon him the Execution of the said will and administration of his [cut off]//
will as your Oratrix believes by reason of the Debts and Incumbrances upon and the Confusion wherein he left his Estate and Affaires and Your Oratrix further Sheweth That the said Executors and Trustees of[inserted: His Will of] the said Richard Hinde or some or one of them have [fold]//
paid or Accounted for the Interest of Your Oratrixex said fFortune to her for the Maintenance of herself and Children And that there were Severall Accounts made up Settled and Allowed of by the said John Pyke and your Oratrix or one of them touching this princi [fold] //
… it will appear that this Principall fFortune of your Oratrix by the Management and Improvement of [fold] //
… South Sea Annunity Three Hundred and five pounds Seventeen Shilings and Three Capitall New South Sea Annuitys On Hun [cut off]
… of which the present or Imediate Principall fortune of Your Oratrix [inserted: and is the produce of your Oratrixes Share of the Surplus and Residue of the said late father’s person [cut off]] now wu [cut off]
… the further Principall Sume of One Thousand pounds part of a pr [cut off]
… such of her brothers and sisters as are [cut off]
… in Ireland [cut off]
Unfortunately the end was not reproduced in the digital image I received from Marcus Bateman.
Answer 1 (transcribed by John Paul Bradford)
11th Oct.
Hamilton by E. Patteson
The Joint and Severall Answer of Mary Hinde Widow Robert Hinde and John Goulde Esquire Three of the Defendants to the Bill of Complaint of Mary Pyke Widow
[on upper left hand corner:]
..e by the said Mary Hinde the
… August 1734 at the Publick Office J. Bennet
… By the Sd. John Gould and Robert Hinde
Public Office this 29th of August 1734
before me J Lightboun
Complainant
These Defendants Saving and Reserving to themselves all advantages and benefit of Exception to the Incertainties and Insufficiences in the Complainants said Bill of Complaint contained for Answer thereunto or unto so much thereof as then Defendants are advised
is materiall for them to make Answer unto They jointly and Severally answer as follows And first this Defendant Mary Hinde for herself saith That before the Marriage with Richard Hinde in the Complainants Bill named this Defendants late Husband deceased
certain Articles of Agreement [inserted: bearing date or or about the Fifteenth day of January One thousand Six hundred and Ninety Six] were entred into between the said Richard Hinde of the one part and Peter Gelsthorpe this Defendants late father and this defendant by her then name Mary Gelsthorpe whereby in consideration of the Marriage
then intended between this Defendant and the said Richard Hinde and of Two thousand five hundred pounds paid by the said Peter Gelsthorpe to the said Richard as this Defendants portion. He the said Richard Hinde Covenanted and Agreed within Two y [fold] to lay out
the Sum of Four thousand pounds in the purchase of Mannors Messuages Lands or Hereditaments in Fee Simple and to Settle and assure the same To the use of himself for Life and then to the use of this Defendant for her Life for her jointure with Remainder to the [fold] of such
Child or Children of the said Richard Hinde by this Defendant as the said Richard Hinde by any Deed or writing or by his last Will in Writing Executed in the presence of Three or more Witnesses should direct limitt or Appoint in such parts and Shares and for such b [fold] as the said
Richard Hinde should by such Deed or Will Limitt or Appoint And for Want thereof to the Uisrsfall? and every the child and children of the said Richard Hinde by this Defendant and the Heirs of their respective Body and Bodys as Tenant in Common and not a [fold] Tenants…
and for want of such Issue to the use of the said Richard Hinde in Fee a rin end? by the said Articles when the same shall be produced to this Honorable Court relation being thereunto had will and may more fully and at large appear And this Defendant Mary Hinde saith [fold] some
short time after the Execution of the said Articles the said Marriage between this Defendant and the said Richard Hinde took Effect And that at the time the said Robert Hinde made his last Will and Testament hereafter mentioned the said Richard Hinde had five Children
by this Defendant then and now living as she believes That is to say Peter Hinde John Hinde Judith Hinde (now the wife of Lieutenant Colonel Robinson Sowle) Frances (now the Wife of Henry Jacomb) and the Complainant Mary Pyke And all these Defendants say they [fold] ly
believe the said Richard Hinde deceased having such five children by the said Mary Hine one of these Defendants duly made and Executed his last Will and Testament bearing date on or about the third day of March One thousand Seven hundred and Three in the presence of Three Witnesses [fold] after
reciting the Effect of the said Articles he did will and Appoint his Executors in performance of his Covenant and Agreement in the said Articles to lay out the said Four thousand pounds in such purchases as the said Articles direct and to Convey and Settle the same to the use [inserted: of this Defendant Mary Hinde for her Life and after her decease to Her [fold]] of all his Children
at the time of making his said Will on her body lawfully begotten And the Heirs of their Bodies issuing as Tenants in Common and not as Joint Tenants with Remainder to his own Right Heirs as Councel should advise And as might Answer the Design of the said Articles and by [fold]
gave the sum of One thousand pounds more to be laid out by his Executors together with the said Four thousand pounds in such purchase as aforesaid And that the same should be settled to the same Uses as the Estate so to be purchased with the said Four thousand pounds And in [fold]
till such purchase to be had he willed and appointed that the said Four thousand pounds and One thousand pounds should be put [inserted: out] at Interest and that the Interest should go and be applied in such manner as the Rents and proffits of the Lands to be purchased would go in case a pas…
and after bequeathing some specifick Legacies Gave all the Rest and Residue of his Estate Reall and Personall whatsoever and where soever unto all his Children equally share and share alike And to the survivors or Survivor of them his her or their heirs Executors or Administrators of his
Will made and ordained these Defendants Executors as in and by the said Will [inserted: or the probate… ready to be produced to this honorable court] relation being thereunto had will and may more fully and at large appear And this Defendant Mary Hinde with and there Defendants Robert Hinde and John Gould Believe that the said Richard Hinde had
other Childe by the said Defendant Mary named Elizabeth Hinde born after the making of the said Will and before the said Richard Hinde died but that the said Richard Hinde died without making any alteration in his said Will l…ing the said five Children who were [fold] at His t…
making such his will And He said Elizabeth born afterwards All of them now living [inserted: as those Defendants believe] whereby as these Defendants believe and are advised the said ffive Children living at the time of making such Will of whom the said Complainant is One will by Virtue of the said Articles and Will
Intitled after the death of this Defendant Mary to the said Five Thousand Pounds That is to say each of them to the Sume of One Thousand pounds a peice And that by Virtue of the Devise in the said Will of the Residue of his Personall Estate All the said Six Children became In [fold] to such
Residuuin? of his Personall Estate Equally Share and Share alike And all then Defendants say That after the death of the said Richard Hinde they joined in the probate of the said Will in the prerogative Court of the Archbishop of Canterbury but this Defendant Robert
Hinde cheifly possessed and managed the Estate of the said Richard Hinde and the Receits and payments relating thereto And this Defendant Robert Hinde and the Receits and payments relating thereto And this Defendant Robert Hinde Saith that Peter John Judith Frances and Elizabeth five of the Children of the said Richard Hinde deceased having
some time since attained their severall ages of Twenty one years he this Defendant did Settle and adjust his Accounts with each of them of their severall Shares of the Personall Estate of their said deceased father and paid or assigned to them their several Shares a proportion
thereof And thereupon the said Peter John Judith Frances and Elizabeth did Give and Execute Releans? to this Defendant and the said other Defendants Mary Hinde ad John Goulde of such their Shares of the Surplus of their said Fathers personall Estate as there
Defendants say the during the Minority of the said Complainant Mary Pyke there was a Treaty of Marriage proposed and Carried on between her and John Pyke Esquire afterwards her husband and now deceased but on Enquiry concerning his Estate it appeared that the same
was greatly incumbred and that he could not make a [inserted: clear] Title thereto or Settlement suitable to her Fortune in the Opinion of the Counsel and Agents employed there in for which Reasons these Defendants each speaking for themselves Refused to give their Consent to the Marriage
untill the said John Pyke could have cleared the Objections made to his Estate and Circumstances But then Defendants Say they Believe it to be true that the said John Pyke did some time in or about the Month of July one thousand Seven hundred and Twenty three marry the said
Complanant in her Minority without the Consent of these Defendants or either of them each speaking for themselves And then Defendants Robert Hinde and John Gould say they have heard that before such the Marriage of the said John Pyke with the said Complainant they did
between themselves and without the Concurrence of these Defendants Enter into and Execute certain Articles and Writings for making a jointure for the said Complainant in Case she survived the said John Pyke and a provision for their Issue But these Defendant John Gould
and Robert Hinde not being parties privy or Consenting to such Articles crave leave to Referr themselves there to when the same shall be produced to this honorable Court And this Defendant Mary Hinde for herself says That She was not privy or consenting to the said Marriage
Articles before the said Marriage yet after the said Marriage she was a Subscribing Witness to the Execution of them by her this Defendants Son Peter Hinde the younger One of the parties thereto who executed the same some have after the said Marriage but how long after this
Defendant does not exactly remember And all these Defendants say they have good reason to believe it is true as the Complainant has charged by her Bill That the said John Pyke after his said Marriage could not make out a Title to Land in Ireland of the Value of Four
hundred pounds a year And that this Estate in Ireland was loaded and Incumbered with Mortgages Judgments and Incumbrances prior to the Articles by him Entred into greatly beyond the value of his said Wifes fortune And these Defendants John Gould and Robert
Hinde say they did as they were advised Refuse to pay or Apply any part of the Complainants Fortune to Discharge any of such Incumbrances And all these Defendants Say they believe it to be true that the said John Pyke after his said Marriage with the said
Complainant was so unfortunate as to Incumber and Entangle himself and his Estate with more Debts and Incumbrances than the same were loaded with before his Marriage or at least that other Judgements and Incumbrances for severall very considerable Sums
were Recovered or Set up against him after such his Marriage And all these Defendants say they believe it to be true that the said John Pyke lived with the said Complainant his wife from the time of his Marriage till about the Month of June One thousand Seven hundred
and Twenty Eight but these Defendants have heard and believe that the said John Pyke for a considerable part of that time concealed himself from his Creditors and about the said Month of June One thousand Seven hundred and Twenty Eighth Retired from his wife and
Family but what Articles or Agreements were entered into between him and the said Complainant his wife on that occasion these Defendants do not know nor can set forth not being partys or prioys thereto other than by hearsay And therefore these Defendants b…. leave
to Referr themselves to such Articles or Agreements when the same shall be produced to this honourable Court And all these Defendants say they have heard and beleive that the said John Pyke sometime after he had retired from his said Wife and Family went over into Flanders
or some other part beyond the Seas and died there sometime in or about the Month of May One [inserted: thousand Seven hundred and Twenty Nine] leaving the said Complaintant his Widow and three Children by her To Witt Thomas Pyke his Eldest Son and heir and John and Hinde Pyke his Two younger Children Three other of the
Defendants to the said Complainants Bill and these Defendants have heard that he made some Will but the Contents thereof these Defendants do not know are informed and believe that no one hath as yet taken upon him the Execution thereof or Administration of his Effects
by reason of the Debts and Incumbrances upon and the Confusion and Disorder wherein he left his Estate and Affairs And this Defendant Robert Hinde for himself saith that the Personall Estate of the said Testator Richard having past thro the hands of And the Account
thereof kept by this Defendant the said John Pyke and the said Complainant Mary his wife did before the death of the said John Pyke on or about the Twenty ninth day of June One thousand Seven hundred and Twenty Eight As this Defendant believes duly State and Allow … Account
of the then present principal Fortune or portion of the said Complainant a true Copy whereof is here to Annexed by way of Schedule and which this Defendant Robert Hinde prays may be taken as part of this his Answer And this Defendant Robert Hinde saith that on or about the said
Twenty nine day of June One thousand seven hundred and Twenty Eight the said John Pyke and the said Complainant Mary his then wife did as this Defendant believes duly State and allow of another Account touching the Interest and Dividend of the said Complainant Fortune
since her said Marriage And on Ballancing that Account it appeared that the said John Pyke and the Complainant his said Wife were then over paid the Interest and Dividends of her said Fortune since their Marriage the Sum of Fifty nine pounds four Shillings and Seven pence which
they agreed should be deducted and allowed out the next Interest and Dividends to become due as by the said severall Accounts so stated by the said John Pyke deceased and the said Complainant Mary his wife ready to be produced to this honorable Court in the Case of this Defendant
Robert Hinde to which for more certainty he Craves leave to referr himself will and may more fully and at large appear And this Defendant Robert Hinde says that since the Stating of the said Accounts he has paid to the said Complainant for her use all the subsequent interest and
Dividends of her said present principal Fortune which have incurred and grown due since the said Accounts stated to Lady day a// a// a// last Except the said Sum of Fifty nine pounds four Shilling and Seven pence due to him on the said last Stated Account which this Defendant
admitts he is paid by deducting the same out if such subsequent Interest and Dividends And this Defendant Robert Hinde says that since the said Austin? Prostated and allowed of by the said John Pyke deceased And the said Complainant Mary his wife of her then principal Fortune
he has placed out such parts of the principal Fortune mentioned in the said Annex Account (Exclusive of her Share of the said Five thousand pounds) as then Consisted of Cash and Brewers Stock in South Sea Annuities in the name of this Defendant and such South Sea Annuities
so purchased since the Allowance of the said Stated Account together with the other South Sea Annuities and South Sea Stock mentioned in the said Annexed Account being varied by the publick Alterations of those Stocks the present principal Fortune or portion of the said Complainant
Exclusive of his Fifth part of the said Five thousand pounds which will be coming to her on the Death of the said other Defendant Mary Hinde her Mother) does as these Defendants believe now consist of the severall particulars mentioned in the Complainant Bill to witt
eight hundred and fifty eight pounds Six Shillings and Eight Pence Capitall East India Stock in the Name of all these Defendants as Executors of the said Richard Hinde deceased and Fifteen hundred and Sixty old Capital South Sea Annuity Stock One hundred
…South Sea Stock and Three hundred and five pounds Seventeen Shillings and Two pence New South Sea Annuities in the Names of the Defendant Robert Hinde And as to the said Five thousand pounds which being [shadow]
…Defendant Robert Hinde says that the said Sum of Five thousand pounds was some time since placed out on a Mortgage of Lands with the Approbations of the said…
…Defendant believes) in the name of the Defendant on the Trusts of the said Articles made on the Marriage of the said Defendant [shadow]
… eight pounds Six Shillings and Eight pence East India Stock in their Names as Executor of the said Richard [shadow]
… Stock and One hundred and one pounds Nine Shillings and one penny ….
… the said Five thousand p…
Unfortunately the end was not reproduced in the digital image I received from Marcus Bateman.
Small Sheet inserted between Answers
George the Second by the Grace of God of Great Britain fFrance and Ireland King Defender of the ffaith and so forth To Joseph Davis Richard
Hinde the Younger and Henry Jacomb Gentlemen Whereas Mary Pyke Widdow
Complainant hath lately Exhibited her Bill of Complainant before us in our Court of Cha..
Pyke Defendants and Whereas we have by our Writt lately comaned the said Defendants to Appear before us in our
said Chancery at a certain day now past to Answer the said Bill but for as much as the said Bill but for as much as the said Thomas John and Hinde Pyke are
Infants under Age and cauu? of Answer the said Bill but defend this suit without having a Guardian Assigned in that behalf know yee therefore that we have given unto you
any three or two of you full power and Authority in pursuance of the Speciall Order of our said Court to Assign and Appoint a Guardian for the aforesaid Infants and to take
the Answers of the said Infants by such Guardians and the Answer of the said other Defendant to the said Bill and therefore we command you any three or two of you that
at such certain day and place as you shall think fitt you go to the said Defendants if they cannot conveniently come to you and Assign and Appoint a Guardian for the aforesaid
Infants and take the Answers of the said Infants by such Guardian and the Answer of the said other Defendant to the said Bill on their Corporall Oaths upon the holy
Evangelists to be Administred by you any three or two of you the said Answers being distinctly and plainly wrote upon parliament and when you shall have so taken
the said Answers you are to send the same closed up under up under the Seale of you any three or two of you the said Answers being distinctly and plainly wrote upon parchment and when you shall have so taken
Appointed such Guardians as aforesaid and this Writt unto us in our said Chancery Without Delay
– – – – – – – – wheresoever it shall then be Witness our self at Westminster this Twenty Ninth Day of June in the Eighth year of our Reign Jekya Hamilton.
Answer 2 (transcribed by John Paul Bradford)
Hamilton by E. Patteson
The Joint and Severall Answer of Thomas Pyke John Pyke and Hinde Pyke Infants by Peter Hinde the Elder their Uncle and Guardian three of the Defendants
Complainant
These Defendants now and all all times hereafter Saving and Reserving to themselves all and all manner of benefit and advantage of Exception to the Many Errors Incertaintys Insufficiencys in the Complainants
said Bill of Complaint contained For Answer thereunto or unto so much thereof as materially concerns these Defendants to make Answer unto the Defendants by their Guardian say that they believe
that the Complainent Mary Pyke these Defendants Mother was under the Will and as one of the Residuary Legatees of the personall Estate of her said Father Richard Hinde intitled to a present or immediate Fortune of
the value of Three thousand five hundred pounds or thereabout And that under the said Will and the Settlement made on the Marriage of these Defendants Grandfather and Grandmother Richard Hinde and Mary his
Wife the Complainent was or will be intitled to the Sum of one thousand pounds or there abouts on the death of the said Mary Hinde her Mother And these Defendants likewise believe that previous to the Marriage between
John Pyke deceased in the Complainants said Bill named Father of these Defendants and the Complainant Mary Pyke and in consideration thereof of the said John Pyke did enter into and Execute such Articles bearing date
on or about the Eleventh day of July One thousand seven hundred and twenty three as in the Complainants said Bill is particularly mentioned And these Defendants likewise believe that the said John Pyke did Execute such
Bond bearing even? date with the said Articles as in the Complainant said Bill is also mentioned And that soon after the Execution of the said Articles the said Marriage took Effect and these Defendants likewise believe that
the said John Pyke did not make out a Title to Lands in Ireland of the clear yearly value of Four hundred pounds according to his said Agreement And these Defendants believe it to be true that the said John Pykes Estate
in Ireland was so loaded and Incumbred with Mortgage Judgements and Incumbrances that the Fortune of the Complainant was not near sufficient to pay off the Mortgages and Incumbrances prior to the said Articles
And that therefore the Executors and Trustees of these Defendants said Grandfather did not think it advisalbe to Apply the fortune of the Complainant or any part thereof in Discharge of such Incumbrances or any
of them And these Defendants likewise believe that the said John Pyke did not use his endeavours to clear his Estate from any of the Incumbrances wherewith the same was charged before his said Marriage but did
Incumber the same further or at least that other Judgments and Incumbrances to the amount of Several thousand pounds were recovered or set up against him after such his Marriage and these Defendants likewise believe
that the said John Pyke lived with the said Complaintent from the time of their said Marriage till about the month of June one thousand Seven hundred and twenty eight but during great part of that time the said John
Pyke was forced by reason of his many and heavy debts to conceal himself from his Creditors for fear of Imprisonment being as these Defendants beleive unable to maintain himself or the Complainent his wife and children
any longer did Retire from his said Wife and Family and live separately and privately for some years with an Intention if possible to retrieve his Circumstances and be in a Condition to make the Settlement he had agreed to by
the said Articles And that the Complaint and her Children by him might in the mean time during such his separation and Retirement be maintained & supported the said John Pyke did consent as these Defendants
believe that the Interest and produce of the Complainants fortune should be assigned so as that she might Receive the same during such their Separation for the Maintenance of her self and Children and that
accordingly the said John Pyke and the Complainant duly made and Executed such Indenture Tripartite bearing date on or about the Twenty ninth day of June One thousand Seven hundred and Twenty Eight as in
the Complaints said Bill is mentioned But for more certainly these Defendants crave leave to refer to the said Indenture when the same shall be produced to this honourable Court And these Defendants likewise believe
that after the Execution of the said Indenture the said John Pyke separated and retired from the Complainant and his Family and Concealed himself for some time at several places and then went over to Flanders
where he died on or about the Month of May One thousand seven hundred and Twenty nine without having ever made the Settlement he had agreed to and by the said recited Articles And these Defendants
say they believe that the said John Pyke left at his Death by the Complainant this Defendant Thomas Pyke his Eldest Son and heir And these Defendants John and Hinde Pyke and these Defendants further say
they know not whether the said John Pyke these Defendants late Father before his death made such Will as in the said Bill is mentioned or any other Will And these Defendants likewise beleive that the said
Executors and Trustees of the will of the said Richard Hinde or some or one of them have or hath paid or Accounted for the Interest of the Complainants fortune tobhe for the Maintenace of herself and Children and,
that there were Severall Accounts made up Settled and allowed by the said John Pyke and the Complainant or one of them touching the principall Fortune of he Complainant By which Accounts these Defendants believe
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it will appear that the Principle Fortune of the Complainant by the Management and improvement of the said Executors and Trustees Does now Consist of the particulars mentioned in the Complainants said Bill All
which these Defendants believe are Remaining in the name or names or hands of the Executors or Trustees Some or one of them And that the Complainant over and bendes? her present or immediate Fortune Will on the death
of her said Mother be intituled to the further principall Sum of One thousand pounds as mentioned in the Complainants said Bill And these Defendants further say they humbly hope and Insist that altho the said John Pyke
by reason of the said Debts and Incumbrance on his Estate was unable to and did not make such Settlement as he agreed to by the said Articles And though by his Death and under the circumstances wherein he died such
Settlement of Lands so agreed to be made is as they are advised Rendred impracticable and impossible yet as the said Articles were made in Consideration of Marriage both the immediate and revertionary principall
Fortune of the Complainant ought in Equity as these Defendants are advised to be considered as Lands agreed to be Settled by the said John Pyke and to be laid out in Land and settled accordingly or that the principal
and Interest thereof ought to go and be applied after the Complainants Decease for the Benefit of these Defendants so far as the same will Extend in such manner and proportions as the Lands of the said John
Pyke were to have been settled by the said Agreement And that the Complainant having Entred into and Executed the said Articles is intituled to no more than the Interest of her said fortune during her life and she
rather for that otherwise these Defendants will be destitute of any manner of provision and Support except an Estate in the County of Tipperara in Ireland of about one hundred pounds a year to which this Defendant Thomas Pyke
as he is advised is intitled as Tenant in Tail Male under the Will of John Pyke deceased these Defendants Great Grandfather And these Defendants Deny all unlawful Combination by the said Bill charged Without that
that any other Matter or thing in the Complainants said Bill of Complaint contained Materiall or Effectual in the law for these Defendants to make Answer unto and not herein and hereby well and sufficiently answered unto confessed or
avoided traversed or Denyed is true to the knowledge and Belief of these Defendants all which Matters and Things these Defendants are ready to aver and prove as the Honourable Court shall award and humbly
pray to be hence dismissed with their reasonable Costs and Charges in this Behalf Sustained. _______________
Jn. Browning
By Virtue of the Commission…. unto Amdet We have called before Us the said Defendants Thomas Pyke John Pyke an Hinde Pyke the Infants and have Assigned Peter Hinde Esqr the….
elder their Uncle — to be their Guardian to Answer and defend this Suite for the said Infants And on this Twenty Sixth an// day of August _ One Thousand Seven Hundred and
Thirty four the said Peter Hinde the Elder an// was duely sworne to this Answer as Guardian for the said Infants at the Dwelling house of the said Peter Hinde in Thesba? Os? in the
Parish of Cheshunt in the County of Hertford by the virtue of the said Comission and of an Order of this Court bearing the date of Twenty Sixth day of June last before Us.
Jos Davis
Hinpaaiom?