STAC 5/P8/9 - I D - 39 Eliz - Surrey - John Pigion v Laurence Boswell see STAC co Surrey
Transcribed by Helen Good (from a pretty dodgy set of images of a rough original)
Articles to be ministred to Lawrence Boswell one of the Defendant in the bill named at the sute of John [Pigen] Complainant
Inprimis whether were you a Schoolemaister to the Children of John Pigen Grocer deceased father of the said Complainant within his dwellinge howse in the borough of Southwarke in the Countie of Surrey aboute Eight nyne or tenne yeres ago or not and how longe did you so contynew Schoolemaister there
2. Item whither have you ever reade the last will and testamente of the said John Pigen the father deceased and doe not you know and fynde in the said laste will that there is a clause or lymyttacion to this or like effect viz That if any of the Children of the said John Pigen happen to dye afore marryage the parte or porcion of him or her so dyinge to be devyded amongest the residew of the Children then unmarried and how longe is it synce you first knewe the said will to be that effect.
3. Item whether are you a mynyster or not, and how longe have you byn one, and whether were you not demaunded when your now wife was an Orphante and unmarryed whether you entended marryage towardes her or noe, And whether did you denye and forsweare the same. And how longe was that before you marryed her, and why did you soe.
4. Item whether did you not know that Martha Pigen one of the daughters of the said John Pigen deceased and now latelie deceased had and was troubled and afflicted in her life tyme, with the fallinge sicknes or not, and howe longe before her death did you knowe the same. And whether was shee of sounde an perfecte sense and understandinge aboute the moneths of December and January last past or eiter of them or not, Or rather was shee not then Growne very simple of understandinge and Corrupt. And was not shee all her life tyme after the death of her father in the Custodie of John Pigen the Complainant or not.
5. Item whether did not you knowe that the said Martha deceased was to have for her porcion likewise out of her fathers goodes Chattelles and rightes to the value of Fyve hundreth hundreth poundes. And whether doe you know that the same porcion or any parte thereof was paid to her not in her life tyme and how much thereof. And by whome when and where was it so paid.
6. Item whether did the Complainant delyver to you any bonde or bondes in any of the moneths of September October, November or December now last paste at any tyme before or synce yf so then what bondes were they and what was the valew thereof And to what ende or purpose were they delyvered to you. And whether were they not delyvered unto you, to fetche one processe against the parties bounde in those bondes And if so whether have you delyvered them againe or not And whether were not the same bondes delivered you upon Condicion that you shoulde redelyver the same againe to the said plaintiff or not And what money have you receyved by or upon any of those bondes. And by what [ word ] or meanes did you holde and keepe the said money and bondes you have so receyved or any parte thereof and why doe not you delyver the same to the said Complainant being thxccuters of his said fathers last will towardes the performance of the same last will. And what money have you [four words] of these bondes before the first daie of January last past. And also what money have you receyved by or upon any of the said bonds synce the said First daie of January last past. declare the truth
7. Item whether did not you about the First of January last past procure Nevell Nicholson one other of the Defendants being a Scryvenor to make and frame a writing conteyninge a Deede of Gifte from the said Martha to yourselfe of all her goodes and chattelles or not And what hath the said Nicholson had or is to have for his paines taken aboute the said wrytinge.
8. Item what moved you to cause the said writing to be made to your selfe, and whether afore the makinge thereof Or at the sealing thereof were any of the friendes or kyndred of the said Martha excepting your selfe acquainted therewith or had knowledge thereof, Or knew of your entent or purpose or proceeding therein and what are their names. And when were they or any of them so made acquainted with such thinge
9. Item do you not thinke in your conscience that if the said Complainant or any of the uncles of the said Martha or any of her freinds or any of the overseers of her fathers last will; Or any other whose consent thereunto you should first have had excepting your self and your wife had knowne any thinge of your meaninge touchinge the same; Or had byn present when shee was willed to seale the same That you shoulde not have gotten the said Martha ever to have sealed the same wrytinge and delivered it as her deede to you
10. Item whose house and in what parte thereof, and when was the said writing sealed and delyvered by the said Martha to you as her Deede and who were present when it was so sealed and delyvered.
11. Item did you afore the makinge of the said wrytinge or deede of gifte bringe the said Scryvener to the said Martha to take instruccions from her for the making thereof Or who gave the instruccions to the said Scryvener for the makinge thereof. And when and how longe afore the sealinge and deliveringe thereof was the said instruccions given to the said Scryvener. And whether did the said Martha agree thereunto or knowe the meaninge thereof before the same was so putt to makinge.
12. Item whether had you any speache or conference with the said Martha at any tyme concerninge the [ word ] of any such writinge [?or deede] [ ?two words ] tyme as the said wrytinge or deede of gift was contryved and made and waxe putt thereunto ready to be sealed by her or not And [when] it was so made and waxe putt to it, did not you and the said Scryvener or one of you in or aboute the Firste daie of January last past [ two words ] the said wrytinge to the dwelling house of the said Complainant in South[warke] aforesaid [ three and a half lines ] that tyme fyttest to bring your purpose about or not.
13. Item when the said wrytinge was brought home to the said Complainants house to be sealed by the said Martha, did not you procure the said Martha to goe upp into a Chamber within the said Complainants house (wherein your wife did then or a little afore that lye in there) to seale the said wrytinge, And why did not you rather cause her to seale it belowe in some open place or roome of the said house. And thereunto call or request some other honest persons besides the said Scrivener knowinge there weare enoughe in the house to be witnesses to the same And whether did you presently after the insealing thereof publishe the said wrytinge or theffect thereof to such as were then within the said house declare the truth hereof And whether did you not determyn to conceale the said matter from John Pigen the plaintiff after the said deede of Gifte was so sealed and delyvered And if yea, for what cause would you have concealed it.
14. Item whether did not you use some Counterfett token to the said Martha viz when the said writing was brought to the said Martha to be sealed, Did not you affirme unto her that John Pigen her brother the now Complainant had sent you to her with the said wrytinge to have her seale it declaringe unto her that it was for her good or not; Or what other meanes did you then use for the persuadinge of her thereunto. And what answere made shee then unto you; And did not the said Martha by the same meanes the rather seale the said wrytinge thinckinge that her brother John had sent it unto her in deed as you affirmed unto her or not; And did not you or the said Scryvener dyrect or [gui]de her hande then with a penne in settinge downe & wrytinge her name to the said wrytinge or not, and who did sett her name to [it.]
15. Item whether was your brother William Boswell one of the Defendants present at the sealinge and deliveryng of the said Deede in the [?cham]ber
16. Item whether did not you within four or five hours or thereabouts after the death of the said Martha procure an administration to be [?grant]ed unto your wife of the goods of the said Martha out of a peculiar and inferior Courte knowing that the administration thereof did by right belonge to the prerogative Courte. And wherefore did you take that course and make such haste in obtaining thereof
17. Item whether did not the same John Pigen the now Complainant soone after that he had knowledge of the making of the said deede of gifte [hire] Mr Brooker one of the Prothonotaries of her majestes Common pleas; Mr Bromefeild one of the Aldermans deputies for the Boroughe of Southwarke and dyvers other honest and wise men to come home to the said Complainants house and to exam[ine] the premisses And whether did not they the said Mr Brooker and Mr Bromefeild examine the premisses or not. And were not you afore them with the said Martha present or called by them to make answer to such questions as they with [. .] discretion thought fit to demand of you touching the premises, And what was your answer to their demands, And whether did the said Martha charge you then afore them that if you had gotten any Deede or such thing of her then you were a dishonest man and had not dealt well with her, Or woldes to the like effect, And whether did not she ask you afore them the question why she should give you all she had, And whether did not she say unto you before them and afore and after that time that she had given you nothing neither would she give you anything of hers or words to that effect or not, declare the whole truth.
18. Item whether since new years day last past have you been at any charge for any meat drink or apparel for the said Martha; or for any other thing concerning her maintenance, if yea to whom and what have you so paid.
19. Item what moved you to have a Scryvener that dwelt so far as the Strand where the said Nicholson dwelleth and make the said deed of gift whereas you might have had divers that dwelt in Southwark.