undertaking of the said Ann in form aforesaid made, afterwards to wit, on the 29th day of September in the year of our Lord 1685 aforefaid, received the faid Christopher Cripps, a child of the said Ann, into his faid house, and that the faid Christopher remained in the faid dwelling-house of him the faid Sylvanus from the faid 29th day of September in the yea of our Lord 1685 aforesaid, for the space of fix years then next following at Highdowne aforesaid: and that he the faid Sylvanus in his life-time found and provided for the faid Christopher Cripps meat, drink, washing and lodging, and all other things fitting and convenient and neceffary for the whole time aforesaid, and that the said Sylvanus in his lifetime afterwards, to wit, on the first day of October in the year of our Lord 1685 aforesaid, received the faid William Gripps, the other child of her the said Ann, into his faid house; and that the faid William remained in the said dwelling-house of him the said Sylvanus from the faid first day of October in the year of our Lord 1685 aforesaid, for the space of seven years then next following; and that he the faid Sylvanus in his life-time found and provided for the faid William Cripps meat, drink, washing and lodging, and all other things necessary and convenient for the whole time aforesaid: and they the faid Thomas and Mary further in fact say, that the said Sylvanus in his life-time reasonably deferved to have eighty pounds of lawful money of England for the faid meat, drink, washing and lodging, and other things fitting, necessary and convenient for the faid Christopher, for the space of fix years fo as aforefaid found and provided; and that the said Sylvanus reasonably deferved to have other eighty pounds of the like lawful money of England for the faid meat, drink, washing and lodging, and other things fitting, necessary and convenient for the faid William for the space of seven years so as aforesaid found and provided, whereof the said Ann had notice. And also whereas the faid Ann afterwards, to wit, on the first day of April in the year of our Lord 1695, at Westminster aforesaid, in confideration that the faid Sylvanus in his life-time, at the special inftance and request of the faid Ann had found and provided for Chriftopher Cripps and William Cripps, certain children, of her the faid Ann, other meat, drink, washing, lodging, apparel, and other neceffaries, for the space of other fix years then past, and at the like instance and request of her the said Ann had expended and laid out divers sums of money in the tuition and instruction of them the faid Christopher and William, assumed upon herself, and to the faid Sylvanus then and there faithfully promised that the the faid Ann would well and faithfully pay and fatisfy to the faid Sylvanus so much money as he the faid Sylvanus reasonably

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reasonably deserved to have for the faid meat, drink, washing, lodging, apparel, and other necessaries last mentioned, by the faid Sylvanus for the faid Christopher and William fo as aforesaid found and provided, and also so much money as the faid Sylvanus for the tuition and instruction of them the said Christopher and William had expended and laid out, when she should be thereunto afterward required: and the faid Thomas and Mary in fact say, that the said Sylvanus in his life-time reasonably deserved to have one hundred pounds of lawful money of England for the faid meat, drink, washing, lodging, apparel, and other necessaries by him the said Sylvanus in his life-time for the said Christopher and William for the space of time aforesaid last mentioned found and provided, as before is set forth: and that he the faid Sylvanus in his life-time, for the tuition and instruction of them the faid Christopher and William, expended and laid out another hundred pounds of the like lawful money, whereof the said Ann then and there had notice. And also whereas the said Ann afterwards, to wit, on the fecond day of April in the year of our Lord 1695 aforesaid, at Westminster aforesaid, was indebted to the faid Sylvanus in his life-time in another hundred pounds of lawful money of England, for other meat, drink, washing and lodging, and other things fitting, necessary and convenient by the faid Sylvanus in his life-time for the faid Christopher Cripps and William Cripps, the children of her the said Ann, at the special instance and request of her the said Ann, for the space of other fix years then past found and provided, and also for divers fums of money by the faid Sylvanus for the faid Christopher and William at the like instance and request of her the faid Ann, before that time expended and laid out; and being thereof so indebted, the said Ann afterwards, to wit, on the same day and year at Westminster aforesaid, in confideration thereof assumed upon herself, and to the said Sylvanus in his life-time then and there faithfully promised that she the faid Ann would well and faithfully pay and fatisfy to the faid Sylvanus the said one hundred pounds last mentioned, when she should be thereunto afterwards requested. And also whereas the said Sylvanus in his lifetime, that is to say, on the third day of April in the year of our Lord 1695 abovesaid, at Westminster aforesaid, accounted together with the said Ann concerning divers sums of money to the said Sylvanus in his life-time by the said Ann owing and unpaid, and upon that account the said Ann was found in arrear towards the said Sylvanus in his life-time in forty pounds of lawful money of England; and being fo found in arrear, the faid Ann afterwards, to wit, on the fame day

and

and year at Westminster aforesaid, in confideration thereof assumed upon herself, and to the said Sylvanus in his lifetime then and there faithfully promised that she the faid Ann would well and faithfully pay and fatisfy to the faid Sylvanus the faid forty pounds, when she should be thereunto afterwards requested: nevertheless the said Ann not regarding her faid several promises and undertakings made in manner aforesaid, but contriving and fraudulently intending craftily and fubtilly to deceive and defraud the faid Sylvanus in his life-time, and the said Thomas and Mary, after the death of the faid Sylvanus, the faid feveral fums of money, or any part thereof, to the faid Sylvanus in his life-time, or to the faid Mary after the death of the faid Sylvanus while she was fole, or to the said Thomas and Mary after the esponsals between them celebrated, (to which faid Mary, administration of all and fingular the goods, rights and credits which were the faid Sylvanus's at the time of his death, by George Barnardiston, master of arts, commissary and official rightly and lawfully conftituted in and through the archdeaconry of Huntingdon, on the 4th day of the month of April in the year of our Lord 1699, at Westminfter aforesaid, after the death of him the faid Sylvanus, according to due form of law was committed) hath not paid, or in any manner satisfied, (altho' to do this the faid Ann by the faid Sylvanus in his life-time, to wit, the 4th day of April in the year of our Lord 1695 abovesaid, and by the said Mary after the death of the said Sylvanus while she was sole, to wit, on the roth day of April in the year of our Lord 1699 abovesfaid, and by the faid Thomas and Mary after the espousals between them celebrated, to wit, on the first day of January in the year of our Lord 1699 abovesaid, at Westminster aforesaid, was requested,) but the fame to the faid Sylvanus in his life-time, or to the said Mary after the death of the said Sylvanus while she was fole, or to the faid Thomas and Mary, after the espousals between them celebrated, to pay, or in any way fatisfy hath wholly refused, and yet doth refuse, to the damage of the said Thomas and Mary of fifty pounds; and thereupon they bring suit, &c. And the said Thomas and Mary bring here into court the letters of administration of the said official, which teftify the commission of administration aforesaid, in form aforefaid.

And the faid Ann by John Smith her attorney comes and Plea did not defends the force and injury when, &c. and faith, that the promise within faid Thomas and Mary ought not to have their said action fix years. thereof against her, because she faith, that she did not affume upon herself at any time within fix years next before the

day

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accrued to

fix years.

day of obtaining the original writ of them the faid Thomas and Mary, in manner and form as the said Thomas and Mary above complain against her; and this she is ready to verify; wherefore she prays judgment if the said Thomas and Mary ought to have their faid action thereof against her,

Replication. And the faid Thomas and Mary say, that they by any That the action thing before by the said Ann in pleading alledged ought not plaintiffs within to be barred from having their faid action against the faid Ann, because they say, that within fix years now laft paft, to wit, on the faid 4th day of April in the year of our Lord 1696 abovefaid, the said administration to her the said Mary was in due manner committed in form aforesaid, to wit, at Westminster aforesaid, by which the said action accrued to them the faid Thomas and Mary within fix years; and this they are ready to verify: wherefore they pray judgment and their damages aforesaid by reason of the premisses, to be adjudged to them, &c.

Demurrer.

Joinder in de

And the faid Ann faith, that the plea of them the faid Thomas and Mary above pleaded in reply is not sufficient in law for the faid Thomas and Mary to have and maintain their faid action against the said Ann'; to which faid, plea in manner and form aforesaid pleaded the same Ann hath no neceffity, neither is she bound by the law of the land in any manner to answer; and this she is ready to verify: wherefore the prays judgment, and that the faid Thomas and Mary may be barred from having their said action against the faid Ann, &c.

And the faid Thomas and Mary inasmuch as they have above in reply alledged sufficient matter in law to have and maintain their faid action against the faid Ann, which they are ready to verify; which faid matter the faid Ann doth not deny, nor hath in any manner answered it, but wholly refuses to admit that averment, they as before pray judgment and their damages, by reason of the premisses, to be adjudged to them, &c. And hereupon the premisses, being seen, and by the justices here fully understood, it feemeth to the same justices here that the faid plea of the faid Thomas and Mary above pleaded in reply is sufficient in law for them the faid Thomas and Mary to have and maintain their faid action against the said Ann, as they the said Thomas and Mary have above alledged; wherefore the faid Thomas and Mary ought to recover their damages by reason of the premisses against the said Ann: but because it is unknown what damages the faid Thomas and Mary have sustained by reason of the premisses, the sheriff is commanded, that by the oath of honest and lawful men of his bailiwick he diligently

counts.

ligently inquire what damages the faid Thomas and Mary Writ of inquiry have sustained, as well by reason of the premisses, as for awarded. their costs and charges by them about their fuit in this behalf laid out; and the inquifition which, &c. that the sheriff do make to appear here on the morrow of the Holy Trinity, under the feal, &c. and the feals, &c. At which day here come the faid Thomas and Mary by their said attorney, and the sheriff, to wit, Robert Beachcroft, knight, and Henry Furneffe, knight, now return here a certain inquifition taken before him at the Hercules Pillars in Brookftreet in the county aforesaid, on the thirteenth day of June Damages on the laft paft, by the oath of twelve, &c. by which it is found first count. that the faid Thomas and Mary have fuftained damages by reason of the non-performance of the said first promise, befides their costs and charges by them about their fuit in this. behalf laid out, to fifty-two pounds and one thilling, and Damages on the also damages by reason of the non-performance of the rest rest of the of the promises aforesaid, besides their costs and charges as aforesaid laid out, to three pence, and for those costs and charges to twenty shillings: and hereupon the faid Thamas Remittitur of and Mary freely here in court do remit to the said Ann forty part of damages. and one fhillings, parcel of the faid fifty-two pounds and one shilling, upon the said first promise aforesaid by the faid inquifition, in manner aforesaid above found, and the faid three pence, upon the rest of the faid promises by the said inquifition in manner aforesaid likewise found: therefore the faid Ann is quit of the faid forty and one shillings and three pence, &c. And the faid Thomas and Mary pray judgment of the refidue of the damages and of the costs and charges aforesaid by the faid inquifition in manner aforefaid likewife found, and an increase thereof, to be adjudged to them, &c. Therefore it is confidered that the faid Thomas Final judgment and Mary do recover against the faid Ann fifty pounds, parcel of the faid fifty-two pounds and one shilling, upon the said first promise by the inquifition aforesaid above found, and the faid twenty shillings for their costs and charges by the fame inquifition in manner aforefaid likewife found; and alfo twenty-fix pounds to the faid Thomas and Mary, at their request, for their costs and charges aforesaid by the court here, by way of increase adjudged; which faid damages in the whole amount to feventy and feven pounds; and the faid Ann in mercy, &c.

Mercy.

Afterwards, to wit, on Saturday next after the octave of Saint Martin in this fame term (before which day the faid Affignment of lord William the third, late king of England, &c. died) before our lady the queen at Westminster cometh the said Ann Booth by John Buxton her attorney, and faith, that in the