1677 Reply to complaint by Barker,Rodes & Clayton

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: Reply to the 1677 Complaint : pg.1 : The joint and several answers of Dame Martha Rodes relict of Sir Francis Rodes Barronett deceased and Andrew Clayton and Samuel Barker and Elizabeth his wife three of the defendants to the bill of complaint of William Thorowgood of the parish of Saint James _________ in the County of Middlesex Esquire and Bridgett Worsley of Westminster in the same County Spinster complaimants : These defendants and every of them saving and reserving to themselves now and at all times hereafter all benefit and advantages of exception to the uncertainties and insustrious* in the said bill of complaints contained for answer thereunto or ________ so much thereof as any way of concerns them those defendants to answer And first the said defendant Dame Martha Rodes for herself answers and saith that she knows not yet believes it may be true that the said complainants did intrust and imploy Leonard Upsall deceased in the said bill of complaint named to pay out and dispose of several sums of money for them att interest and that the said Leonard Upsall might lend unto the said Sir Francis Rodes such several sums of money and upon such securities as in the said bill is set forth which for any things this defendant knows might be the said complaimants proper money But this defendant knows of nothing of any request made by the said complaimants or either of them to the said Sir Francis in his life time for the payment of any such moneys or of the said Sir Francis his promise to repay the same or any part thereof or of his interactings the said complaimants or either of them to forebear him for the reasons in the said bill alledged or upon any other amount whatsoever This defendant further answers and saith that upon the marriage of her this defendant and the said Sir Francis Rodes there were articles made Betwixt the said Sir Francis being then about the age of sixteen years and William Thornton father of her this defendant whereby it was agreed that the said Sir Francis should within three months after he came to the age of one and twenty years settle lands of the yearly value of 500 pounds upon her this defendant for life for her joynture and the reversion of the said joynture and all other his Mannor (end page) : pg.17 : ------ purchase money was disposed of he this defendant knows not neither can he this defendant give any amount what the personal Estate of the said Sir Francis amounted to or of what joyntures it consisted or how disposed of nor what means profits have been made of the said real Estate appoynted to be sold as aforesaid This Defendant further saith that he shall be ready to assign over his said trust or joynture with the said Lord Byron in sake of the cost of the said lands appointed to be sold by the said Sir Francis according as this Honourable Court shall direct but saith that as he hath not hither too neither is he yet willing to intermeddle in the said trust either in receiving purchase money or paying debts neither hath he this defendant had nor doth he expect any advantages out of the Estate And the said defendants Samuel Barker and Elizabeth his wife severally for themselves answer and say that after the decease of the said Sir Francis Rodes the other said defendant Dame Martha Rodes retained them these defendants to serve her Ladyship that is to say the said Samuel as her Bailiff or Steward and the said Elizabeth as housekeeper and that they or either of them have from time to time given their said Lady an amount of the matters and things where they were repectively (end page) : pg.18 : (entru)sted and that they nor either of them have had or reaped any Benefitts or advantage out of the real or personal Estate of the said Sir Francis or the said other defendant Dame Martha Rodes save their respective salaries and what their said Lady hath been pleased to give or allow them for their services : and the said defendants Dame Martha Rodes Andrew Clayton Samuel Barker and Elizabeth his wife do every one of them respectively deny all combination and confederacy and all contriving of any sort stated of any part or the premise or procuring or suffering any false or fraudulant actions to be brought against the said Dame Martha Rodes as Executrix or Administratrix of the said Sir Francis for any debts not really owing by the said Sir Francis and all designings whatsoever to defraud the said complaimants in the bill of complaint charged upon them without that (end page) : Notes: : *insultrious? (looks like Insustirieuses?) : In total the reply is 18 pages long. : These pages have been kindly donated by Dennis and Shelia Heathcote and transcribed by Pati Blowers May to the best of my abilities.