National Archives Reference: TNA C7/177/89
22 February 1638 (=1639)
The answer of Thomas Walter the elder, one of the defendants to the bill of complaint of the said John Hickmott and Joan his wife, as also of Thomas Walter and Francis Walter, infants, by the said Thomas Walter the elder, guardian, defendant to the said bill of complaint of John Hickmott and Joan his wife, complainants
All advantages [.....] to the uncertainty and insufficiency of the said bill of complaint now and at all times hereafter to these defendants saved and reserved, they for full and perfect answer to so much of the said bill as doth concern them, the said defendants to make answer unto do say as followeth.
And first the said Thomas Walter the elder for himself saith this defendant being so much and able? [............................................................................................................] That true it is that about the time in the bill mentioned Robert Walter in the bill and this defendant Thomas Walter the elder or one of them did for that purpose propound to the said complainant John Hickmott or to some other to his use, to bargain and sell to the said complainant. All that messuage or tenement wherein one Thomas Whitehead then or late dwelt some time called Daltons and also all and every the messuages, lands, woods, tenements and hereditaments with their appurtenances in the said bill particularly mentioned. And also all other the messuage, lands and hereditaments whatsoever of them the said Robert Walter and this defendant Thomas Walter the elder, situate, lying and being in Hartley in the county of Kent with all and singular their appurtenances.
And that the said Robert and this defendant Thomas the elder did affirm and undertake to the said complainant John Hickmott, that they the said Robert and this defendant Thomas the elder or one had a good and absolute, clear estate in [selling?..........] the said premises and had in himself or themselves good right and full power to bargain and sell the same and that all or every of the said premises were free and clear of and from all manner of incumbrances whatsoever had, made [.....] by them the said Robert Walter and this defendant Thomas Walter the elder or any their ancestors. And this defendant further saith that the said complainant John Hickmott was to give for the said land and accordingly did give to them the said Robert Walter and this defendant Thomas Walter the elder for the said land the sum of £500 of lawful money of England and that thereupon the said Robert Walter and this defendant Thomas Walter the elder did by [.....] bargain and sell bearing date in the said bill mentioned and enrolled in his Majesty's High Court of Chancery bargain and sell to the said John Hickmott and Joan his wife and to the heirs of the said John Hickmott [....] said messuages, lands, tenements, woods and hereditaments and all other the premises aforesaid.
And this defendant Thomas Walter the elder further said that true it is that the said Robert Walter did in and by the said indenture [......] and sale covenant to and with the said complainant John Hickmott and his heirs in and by all things, according as is expressed and contained in the said indenture of bargain and sale unto which said indenture he this defendant [for] certainty in this behalf referreth himself and thereby may more at large appear.
And this defendant Thomas Walter the elder further saith that he believeth it to be true that the said complainant John [Hickmott by] force and virtue of the said indenture of bargain and sale into and upon the said premises entered and ought to be lawfully seized in his demesne as of fee to him the said John Hickmott and his heirs, of and in [....] lands, tenements, woods and hereditaments and other the bargained premises and to hold and enjoy the same accordingly.
And this defendant Thomas Walter the elder denieth that either he or the said Robert Walter to [......] knowledge hath or have made, granted or contrived unto any person or persons any lease or leases for divers or any years or terms or have or hath made any grant, bargain, sale, mortgage, charge or any estate or interest for years or for life or lives or any estate in fee farm or interest to any person or persons or any other estate whatsoever, or to any purpose or end whatsoever of bargained premises or any part thereof, otherwise than what the said Robert Walter and this defendant Thomas Walter the elder have made to the said complainants as aforesaid.
And this defendant Thomas Walter denieth that either he or the said Robert Walter to his this defendant's knowledge have or hath before the making of the said indenture of bargain and sale to the said complainant acknowledged [.....] or entered [....] statute or statutes, recognaisance or recognaisances, judgement or judgements to any person or persons for any sum or sums of money or debts whatsoever or that he this defendant or the said [.........] defendant's knowledge have or hath done or acknowledged any other assurance, act or thing whereby or by means whereof the said bargained premises or any part thereof are or may be hindered or encumbered or whereby the said complainant or the heirs of the said John Hickmott or any of them shall or may be evicted or dispossessed of the said bargained premises or any part thereof? [.....................] enjoying the same or for or from having, receiving, levying or enjoying to his or their use of all and singular the rents, issues and profits thereof or of any part thereof, or that he this defendant Thomas Walter or Robert Walter to this defendant's knowledge have or that mortgaged the said premises or any part thereof to any person or persons, for any sum or sums of money or for or under [......] or pretence whatsoever.
[.......] defendant Thomas Walter the elder saith that it may be that he hath given out in speeches that the said premises so purchased by the said complainant were by some will or [............] or deed in law made or [...............by] Thomas Walter, grandfather of him this defendant Thomas Walter the elder, entailed to one John Walter son of the said Thomas the grandfather and his heirs male [.... ] Walter [......] remainder [..........] of such issue, then Robert Walter, third son of the said Thomas Walter the grandfather for term of his life and after his decease to his son, this defendant Thomas Walter the elder [..........................] and to his eldest issue male and for want of such issue male then to the right heir of him this defendant Thomas Walter the elder forever.
But this defendant Thomas Walter the elder saith [...............] marriage with (blank in ms) his now wife levy, assign and suffer a recovery of the said lands so purchased by which the said estate tail to or touching Thomas Walter the younger [.....................] elder and is cut off and determined so that the same doth not now remain of force. But this defendant Thomas Walter the elder saith [....] that he hath issue male, Thomas Walter his son [...........] also a daughter Frances Walter, which said son and daughter are the two other defendants to the said complainant's bill of complaint.
And this defendant Thomas Walter the elder saith that [he] Thomas Walter the elder denieth that the said Thomas his son [...............] any estate tail for term of his life, with remainder over to his heirs males of or in the said bargained premises or any part thereof after the decease of him, this defendant Thomas Walter the elder or that he the said [..............] this defendant's son doth claim the same by force and virtue of the said estate tail, so made by the said Thomas the grandfather [.........] other estate tail at all.
And this defendant Thomas Walter the elder saith the true it is that the said Thomas Walter his son and likewise the said Frances his daughter are both yet under age and that [...............] chosen? him, this defendant Thomas Walter the [..............] to them, the said Thomas Walter and Frances Walter his children but not to or for any such undue purpose, as in and by the said bill is pretended. And this defendant Thomas Walter [...........] acknowledge and confess that there is not [..........] estate tail of and in the said bargained premises or any part thereof, made, [......] settled, or executed, which is or ought to be of a [...............................................] or their said title.
And the said other defendant Thomas Walter and Frances Walter, the said infants, by the said Thomas Walter the elder, their guardian, do say that [.......................................] another estate by conveyance or assurance of the said bargained premises made, conveyed, granted, or executed to them the said infants or either of them, of or in the [.......................]
[The last 7 lines of the reply are missing in several places due to damage to the manuscript and what looks like water damage]
