Primo die Junij 1644 Mardwall (?) To the Right hob'le the Earles of kent and Bullingrooke & others Com:s for the Greate seale of England Humbly compl' sheweth to yo[ur] hono's you[ur] ora:os Christopher Emerson of London merchant & Anne his wife, That whereas about eight yeares since one Edward Howsden cl're Parson of the p[ar]ish of Hornemeade in the county of Hertford & [Blank] his then wife since deceased by con... made after marriage were seised in Fee of a messuage & certaine lands in the s'd p[ar]ish of Hornemeade or therevnto adioyning of the yearely value of 40 : li And the s'd Edward Howsden was then alsoe se'id in Fee of other lands in the said p[ar]ish or neare therevnto o... yearely value of 10li And the s'd Edward Howsden then was & yet is poss'ed of a p[er]sonall estate in money debts bonds leases Cattle howshold stuffe & other things to the value of 2000:li or thereabouts, And the s'd Edward Howsden being of the s'd lands soe seis... & of the s'd p[er]sonall estate soe possessed about the time afores'd there was a treaty & com[m]unicac[i]on betweene yo[ur] orator & the s'd Edward Howsden for a marriage to be had & solemnized betweene yo[ur] orator & yo[ur] oratrix Anne (neece of the s'd Edward Howsde... the s'd Edward did often thentofore divulge in speeches that hee having noe chieldren [sic] of his owne would make the s'd Anne his heire & would give vnto her all his reall & p[er]sonall estate whatsoever, And the s'd Edward Howsden did then contract agree & p[ro]mise to give and pay vnto yo[ur] orator the som[m]e of 700li out of his owne purse in present in case yo[ur] orator would marry & take to wife the s'd Anne Howsden whom hee the s'd Edward declared hee intended to make his heire as afores'd, & that hee would give her all his p[er]sonall estate & all lands whereof hee was solely seised or estated after his death to her & the heires of her body, And that in case hee survived his wife hee would alsoe settle the s'd Messuage & lands of the value of 40 li p[er] Annu[m] vpon the s'd Anne & the heires of her body, Wherevpon shortly after yo[ur] orator (relying vpon the s'd promise & agreemt of the s'd Edward Howsden) did marry & take to wife the s'd Anne by & with the Consent of the s'd Edward Howsden, w[hi]ch marriage was made & p[er]formed at the p[ar]ish church of Strethall in the County of Essex by one Mr Linsey the minister of the s'd church, by the speciall direcc[i]on & appointemt of the s'd Edward Howsden after hee himself had p[er]used yo[ur] orators lycense in that behalf graunted, w[hi]ch hee the sd Edward then affirmed hee would have p[er]formed himself if hee (then & yet practizing Phisicke) had not then had speciall & vrgent occasions requiring his p[re]sence, And further sheweth that after the s'd marriage solemnized & the s'd Edward Howsden neglecting to p[er]forme his s'd promise, ... in p[ar]te of paym't thereof the s'd Edward Howsden did then & there in the p[re]sence of the s'd witnesses give & graunt or declare to give & graunt vnto yo[ur] orator & his heires a messuage & malthowse w[i]th thapp[er]tencs & 28:ty acres of land to the some lying in Hinxton in the County of Cambridge nowe or late in the tenure of John Howsden for satisfacc[i]on of the some [sic] of 260 li p[ar]te of the 500 :li and that hee would then after make vnto yo[ur] orator sufficient conveyance & assurance in the lawe thereof, ...the s'd Edward Howsden hath at severall times only paid vnto yo[ur] orator the summe of 30 :li & noe more in p[ar]te of satisfacc[i]on of ye s'd 500 li (vizt) 5:s in ready money at his owne dwelling howse at Hornemeade, & then writt a note & sent it by yo[ur] orator to his nephewe Edward Howsden the yonger [sic] to deliver to yo[ur] orator a bond of 40: s then in his custody wherein the s'd John Howsden stood bound to him the s'd Edw: Howsden cl're for paymt of 20:s that yo[ur] orator might receave the money and therevpon but the s'd Edward Howsden the nephewe delaying to deliu[er] to yo[ur] orator the s'd bond, the s'd Edward Howsden cl're wrott another note to the s'd Edward Howsden & sent the same by one Edward Trigg to deliver the s'd bond to yo[ur] orator w[hi]ch hee then delivered vp to yo[ur] orator, & yo[ur] orator hath since receaved the principall money 20 : li therevpon due ...... But nowe soe it is may it please yo[r] hono's that the s'd Edward Howsden (his wife beinge lately dead combining practiseing & confederating wh Margaret Allen his maide servant a woman of a suspected reputac[i]on & one James Merry her father in lawe servant alsoe to the s'd Edward Howsden the s'd confederates doe plott & conspire howe & by what meanes they may defeate & defraude yo[ur] orator ... And yo[ur] orator lately coming in a peaceable man[n]er to the s'd Edward Howsden ... hee the s'd Edward Howsden, & the s'd Margaret Allen & James Merry did to picke a quarrell w[i]th (?) yo[ur] orator) frist [sic] vntruly charge yo[ur] orator to have spoken some words tending to impeach the reputac[i]ons of the s'd Edward Howsden & Margaret Allen, w[hi]ch yo[ur] orator denying, yet nevertheles ye said confederates did then assault & greevously beate & wound yo[ur] 'sd orator, & did threaten that if yo[ur] orator entred [sic] vpon the s'd ten acres of land or come againe to the howse to make any such demands that they would beate or kill yo[ur] s'd orator, & soe by threates & violente the s'd confederates doe keepe the poss'ion of the s'd land by force from yo[ur] orator And the s'd confederates doe alsoe give out in speeches the s'd Edward Howsden hath lately settled & assured or intendeth to settle & assure the sd lease & all other the s'd good lands & whole estate of the s'd Edward Howsden vpon the s'd Margaret Allen in reward of her good service & for noe other valuable consideracon or to some others in trust for her or the s'd Merry ... the s'd Margaret Allen & James Merry & [next few words hidden in crease in page] gotten into their hands all the deeds writings & evidence touching the s'd lands doe conceale & suppresse the same, & taking advantage of the greate age & nowe weaknes in judgemt of the s'd Edward Howsden doe ingrosse the s'd Edward Howsden & conceale & keepe him in their pow... [next few words hidden in crease] from him to speak... the s'd Edward Howsden to p[er]fect the s'd bargaines or to compose & agree the sd differences, & the sd confederates doe imbezell & purloyne the estate of the s'd Edward Howsden & doe alter divers debts & bonds into their owne names or others in trust for them & doe imbezell the sd goods & chattels wch doe p[ro]p[er]ly belong vnto yo[ur] orators ... The joynt and severall answeres of Edward Howsden Clarke Margarett Allyn & James Merry Defend'ts to ye bill of Complaint of Christopher Emerson and Anne his wife Complaynts ... And first the said Edward Howsden for himselfe saith that aboute the tyme in the bill of Complaynt menc[i]oned hee the said Edward Howsden & Elizabeth his then wife since deceased were joyntly seized to them & their heires of one messuages or tenem't the p[ar]ish of Hormead in the County of Hertfs & certen Land to ye same belonginge of the vallue of Ten pounds p[er] Annu[m] or thereabouts which was purchased by the said defend't Edward Howsdens late wife ... this Defen't saith that true it is that aboute the tyme in the bill menc[i]oned this defend't heard that the Complt xpofer was an earnest suito[ur] to ye Compl't: Anne and some freinds [sic] of ye said xpofers weere [sic] very importunate & earnest w[i]th this defend't to give his Consent to ye said marriage which this defend't could not be brought to in regard the Complaynants are first Cozens & this defend't for ye Consanguinity betweene them did not hold it fitt they should marry together Wherevppon ye Compl't: xpofer grew more earnest in his suite And some freinds [sic] of ye said Compl't : xpofers weere [sic] fearefull that if the said marriage should not have taken effect the said Compl Christopher would have done some wronge vnto himselfe & therevppon w[i]th more importunity did sollicite this defend't for his Consent to ye said m...ge As by a letter from the Compl:ts Sister to this defend't will appeare Which marriage this defend't was allwayes against And this defend't likewise saith that true it is the Compl't: Xpofer did bringe this Defend't a license graunted for ye supposed marriage aforesaid And this Defend't vppon p[er]usall of ye same f?ndeinge a Clause in the said license that there should be noe affinity or consanguinity betweene the said p[ar]ties (& this Defend't knoweinge ye neerenes [sic] of blood betweene them returned him his license againe but neu[er] gave him any direcc[i]on or appoyntm't to goe to Strethall in Essex or to any other place for ye p[er]formance of ye same ... Nor was this Defend'ts practise in Phisick soe greate but that hee might have spared soe much tyme, if he had beene wilinge w[i]th the said marriage Nor doth this Defend't know that the said marriage was solempnized at Strethall but rather beleives [sic] the contrary in regard of ye Consanguinity aforesaid ... But this Defend't saith that the Complt: xpofer makeinge his moane to this Defend't that he wanted a howse to live in, & this Defend't haveinge a howse at Hinxton aforesaid the possession whereof was deteyned from him hee this Defend't told the said Compl't: that if hee could gett ye possession of that howse hee might live in the same rent free only hee should give this Defend't a Supp of beere when hee came that way Which was the conference which passed betweene the Compl't: & this Defend't at that tyme: / And this Defendt doth confesse that since that tyme hee this defendt: in considerac[i]on of a Some of money the certainty whereof this defend't doth not now remember did sell convey & assure ~ the said messuage maulthouse & land to the same belonginge to John Howsden in the bill named & his heires who had ye reverc[i]on of the same after the death of this Defend't & his said Late wife as he hopeth vnder favo[ur] of this hono'ble Court was lawfull for him to doe ... And this Defend't further sayth that since the tyme of the said p[re]tended marriage the said Compl't makeinge many journeys over to this Defend't & much moane that hee was in such want of money hee know not how to subsiste this Defend't hath at severall tymes releeved his necessityes & hath disbursed to him the Some of Fifty pounds Twenty pounds whereof was received vppon the bond in the bill menc[i]oned wherein John Howsden stood bound to this Defendt: And this Defend't likewise saith that hee was Contented to assigne vnto the Compl:t a lease where of hee this Defend't stood possessed of Tenne acres of land by estimac[i]on in the bill menc[i]oned to beginne for the adsu[er]ue of this terme w[hi]ch shalbe to come & vnexpired after the death of him this Defend't And for the draweinge of an Indenture of Assignem't to comence [sic] after his death as aforesaid hee this Defend't did deliver vnto the Complt the Indenture of Assignem't of this said lease dated the 22th: [sic] of February Anno viij:o Jacobi Regis made by one Thomas Bownest to him this Defend't: But the said Compl't: not pursueinge the said ~ Instrucc[i]ons given him by this Defendt concerninge ye Assignem't aforesaid Did drawe or cause to be drawne an Assignem'te of ye said Lease Dated about two yeares Since & to beginne from that tyme quite contrary to ye direcc[i]on given him by this Defendt which this Defend't: did refuse to seale & did tell the Compl't: that hee would give him the said Lease by his Will ... And as to ye Assault or Battery p[re]tended to be made by this Defend't vppon the Compl't: Hee this Defend't: saith that the Compl't: cominge at one tyme vnto his this Defend'ts howse & haveinge vsed vncivill & scandalous speeches of this Defend't Hee this Defend't laid his hands gently vppon him & putt him out of his howse sayeinge that hee would nourish noe such vipers, the which is all the Assault & battery that hee ever made vppon him ... And the said Margarett Allyn ... saith that shee verrily beleeveth that the said Compl't Xpofer (haveinge by his owne relac[i]on lowdly spent & consumed his estate) doth intend to heale & recover himselfe out of ye Defend't Edward Howsdens esta... ...All which matters these Defend'ts are ready to averre & prove as this Ho'ble Court shall award & humbly pray to be hence dismissed w[i]th their reasonable Costs & Charges in this behalfe most wrongfully susteyned Edward Howsden signu[m] margaret Allen Jacobi ? Merry Ad (?) Ed'us Howsden Cl'icus Margaretta Allyn et Jacobus Merry Jurat fuer' ~ vicessimo primo die Junij vicessimo Caroli Regs apud Hormead in Com Hertfs coram nobis PhilL: CagL Johe Warde sen'