III.

_The replication of_ JOHN RASTELL _to the Answer of_ HENRY WALTON.

The said John Rastell saith that his said bill is true, and certain, and sufficient to be answered unto, and matter determinable in this honourable court, and will aver everything to be true contained in the said bill of complaint; and that the said answer is uncertain and insufficient to be answered unto, and matter feighed and untrue. And further saith that the said John Rastell, as soon as he had knowledge that the said Walton had commenced the said action of debt of 40s. in the said Mayor's Court in London, the said Rastell came into the said court and there put in surety to the said action. Whereupon the said Walton declared against the said Rastell that the said Rastell should owe to the said Walton 40s., for that that the said Rastell confessed himself in the said City of London to owe to the said Walton 40s., to the which the said Rastell answered and tended his law, according to the custom of the said City, that he owed nothing to the said Walton in manner and form as the said Walton against him declared. Whereby the said Walton perceived that upon the said plea and tender his said action should be dissolved; demurred in law upon the same plea, which demurrer, what for lack that the Recorder of the said City and other Councillors can have no convenient time to argue the said matter, and also for lack that the counsel for the said Walton was not ready when the said matter of law should be argued, the said matter as yet doth depend there undiscussed. But yet the said John Rastell saith that if the said matter be discussed and judged for the said Rastell, as undoubtedly it will be, yet the said Rastell, by the custom of the said City, shall never recover again his said goods, nor stuff, but only 35s. 9d. for the said stuff, so that in the said court he hath no other remedy nor record to punish the said Walton nor the said praisers for their said deceit and falsehood in praising of the said goods and stuff at 35s. 9d., which were worth at that time 20 marks and above, as in the said bill of complaint is alleged; for the great part of the said goods were garments of silk and other stuff, fresh and newly made, with much workmanship done upon them, to the great cost and charge of your said orator, without that that the said goods were at the time of the said appraisement of no more value than they were praised at. And without that that they were gone rotten and torn players' garments, for the said Rastell saith that the said Walton hath letten them out to hire to divers stage-plays and interludes, and hath received and had for the hire of them since the said praisement of them the sum of 20 nobles and above. And without that that any other thing material or effectual in this said answer alleged necessary to be replied unto is true. All which matters your said orator is ready to prove and aver as this court will award, and prayeth as he prayed in his said bill.