C8/122/36
Jurat 14 November 1650 Robert Aylett
The joint and several answer of William WESTON Esquire and Thomas WOODFORD Gents two of the defendants to the Bill of Complainant of Charles Lord CRANBOURNE and lady Diana his Wife Complainants.
All advantages and benefit of exception to the uncertainties and insufficiencies of the Bill of Complainant to these defendants now and at all times saved and // reserved for answer thereunto they these defendants say and either of them saith That the Lord DIRLETON in the Bill named by deeds enrolled in this Honourable Court dated // on or about the 7th day of may 1649 did convey to the defendant William WESTON and heirs the Manor of Wanborough and // Redlands in the Bill mentioned in consideration of two thousand five hundred pounds to him paid by the defendant William WESTON and by another Indenture of the same // date it is provided and conditioned that the first mentioned deed should be void upon payment of the said two thousand five hundred pounds with interest at several // days therein mentioned as by the said several deeds may appear. And these defendants say that the said two thousand five hundred pounds was really truly and bona // fida lent and paid to the said Lord DIRLETON by the said defendant William WESTON upon the said Mortgage and was the very proper money of diverse orphans interested in the // Hand of the said William WESTON and the defendant WESTON saith that the said Lord DIRLETON did since the said mortgage made pay the sum of one hundred pounds being the // first payment according to the said condition and no more but hath [?] in all the other payment whereby the premises are forfeited to this defendant and do still remain // so settled on him. And both these defendants deny that the mortgage was [colerable?] and not bona fide and paid to the said // proper money of the said Lord DIRLETON or paid in colour for any purpose whatsoever as by the Bill is suggested but the same was really and bona fide lent and paid to the said // Lord DIRLETON by the said defendant William WESTON at the request of the said defendant Thomas WOODFORD [?] to serve the said Lord DIRLETON then possessing and urgent occasions for money // As he alleged. And the defendant William WESTON saith that the said complainant never offered this defendant his said money as by the Bill is pretended otherwise then in discourse and // denies that this defendant refuses to accept the same or that he intended to take the forfeiture of the said mortgage further then in Law and equity he ought in case // his money lent with the interest and his charges be not satisfied. This defendant saith he hath heard the premise mortgaged to him and the redemption there of // Are conveyed to the Lady DIRLETON by the Lord DIRLETON her late husband whereby this defendant is advised she is entitled to the redemption thereof in equity. And both these defendants // Deny that to either of their knowledge the said Lord DIRLETON did give any [discretion] for repayment of the said monies or any part thereof other then of the hundred pounds aforesaid or // That any money of the said Lord DIRLETON is in the hands of any person whatsoever for that or any other purpose whatsoever. And both these defendants deny that they have combined with any person // or persons whatsoever for any purposes in the Bill mentioned or any other and further say that they were strangers to all other matters charged n the bill other then they have // before answered unto without that that any other matter or thing contained in the said Bill material or effectual in law for these defendants to answer unto and not in and hereby well and sufficiently answered unto confessed avoided transversed or denied [?]. All which matters and things these defendants are ready to answer and prove as this Honourable Court shall award. // And humbly pray be from hence dismissed with their reasonable costs and charges in this behalf and wrongfully suffered.