C9/18/113

Nobbs v. Cary and Ballard

Bill of Complaint of Anne Nobbs [date obscured ?May 1655]

Anne Nobbs, alias Wallpoole, widow of Stephen Nobbs of Stanstead Abbots, Hertfordshire, yeoman. He had some dealings with Robert Ballard, late of Stanstead, clerk, long since deceased. Ballard purchased from Nobbs several lands and tenements both fee and copyhold, whereof the plaintiff had a jointure or at least, her thirds or dower after the death of her husband, which is now almost 30 years ago. Since this time differences have arisen over the right of jointure or dower of the said purchased lands, because she never joined with her husband in the sale. But Ballard being a ‘politick man’ about 22 years ago procured the plaintiff to become bound to him on a penalty of 16 pounds of the date of 10 October 1633, for the payment of 8 pounds, within 3 months. She paid within that time but the bond was left with Ballard when it should have been destroyed. But for the rest of his life, 8 or 9 years, he never asked for the money despite the fact that they lived in the same town and parish. When Ballard died Sir Edward Baesh was his executor who never claimed the money nor did his widow and exectrix Lady Mary Baesh. Everyone believing that there was no debt. But John Cary, lately having married Lady Mary has in Hilary Term, at the instigation of John Ballard, son and heir of Robert, commenced a suit in Common Pleas for the recovery of the penalty of 16 pounds on the bond because she had lately entered into the lands at Stanstead, the estate of her late husband which had been detained from her by John Ballard. The lands have been assigned to her by the homage of the Court Baron of the said Manor of Stanstead, as her thirds according to the custom of the said Manor. This has displeased Ballard who persuaded the Carys to bring the action against her. Payment of the penalty would bring ruin to herself and her children as she is a poor widow, very much impoverished by the detention of her right of jointure or thirds If the money had not been repaid, why has it taken so long for the penalty to be demanded? Ask that a writ of subpoena be issued to John and Mary cary and John Ballard to answer the charges.

Answers of John Ballard,

23 May [/1655]

Believes there were dealings between Stephen Nobbs alias Walpoole and Robert Ballard. Does not know any details of the sale of land nor whether there was any jointure or thirds or a dower involved. Sir Edward Baesh did demand the money from the plaintiff in his lifetime and caused a writ to be issued against her in Common Pleas but he died before any proceedings. His widow, Lady Mary issued several writs. Notes that the plaintiff’s attorney alleged that the bond was not her deed. At a Court Baron held for the Manor of Stanstead about 1633, the plaintiff had her right confirmed to the title of dower and thirds in and to some small parcel of copyhold lands held from the Manor for about 40 shillings a year. Nor did she, since the death of her husband, have any claim to a dower or right or title of thirds out of any of the lands purchased by Robert Ballard from her husband. Denies hindering her access to the lands she has been granted. Denies that the plaintiff ever paid the 8 pounds.