Document 79, Copy of the Defendants' Rejoinder p 1
| 182 | ||||
| Errington } And the sd Henry as to the sd plea of the sd Gawen John Tweddell | ||||
| ats } and Bacon Wm by them above pleaded by way of reply to the sd | ||||
| Aynsley & ors} Plea of him the sd Henry above pleaded in Bar says that they | ||||
| the sd Gawen John Tweddell and Bacon Wm by reason of anything | ||||
| therein contained ought not to have or maintain their afsd Act[ion?] | ||||
| thereof against him the sd Henry because he says that true it [is?] | ||||
| that after the sd Henry had built and erectd the sd Bridge [at the?] | ||||
| sd place mentd in the sd Artles of Agreement and after he had [??] | ||||
| procured and made such road as in the sd Artles of Agreement in [??] | ||||
| that Behalf mentd and after the sd Bridge and road were so certif[ied?] | ||||
| for to the sd Genl. Quarter Sessions as above in that Behalf [mentd?] | ||||
| that the sd Bridge fell down and became ruinous and prostra[te?] [??] | ||||
| that he the sd Henry hath not at any time since the same so fe[ll?] | ||||
| down and became ruinous and prostrate repaired maintained [or?] | ||||
| rebuilt the same as the sd Gawen John Tweddell and Bacon Wm | ||||
| have above in their sd Replon alledged but the sd Henry fur[ther?] | ||||
| says that the sd Bridge so built and erectd and caused to be bu[ilt?] | ||||
| and erectd by him as afsd was well sufficiently and effectually | ||||
| erectd and was a good and substantial stone Bridge [??] | ||||
| tyne at the place mentd in the sd Artles of Agreement accdg [??] | ||||
| directions of the sd Artles of Agreement & the sd plan in the [??] | ||||
| Artles of Agreement above mentd and to the same annext an[d?] | ||||
| the same Bridge aftwds to wit on the same day and year in [the?] | ||||
| replon mentd fell down and became ruinous and prostrate [??] | ||||
| from the force and violence of the floods and strength of [??] | ||||
| of the sd River Tyne coming and beating against the sd Brid[ge?] [??] | ||||
| the Act of God and not through or by reason of any defect [in?] [the?] | ||||
| making erection or structure of the sd Bridge and the st[??] [??] | ||||
| materials thereof. And the sd Henry furr says that by and [??] | ||||
| the force and violence of the sd floods arising and [??] [??] | ||||
| the sd river of Tyne and the strength of the [??] [??] | ||||
| Bed of the sd river of Tyne at and near the [??] [??] | ||||
| Bridge was so built and erectd as afsd from the [??] of the [??] | ||||
| the sd Bridge hitherto hath been and is so much Changed [??] | ||||
| that it was and ever since hath been and still is impossible to | ||||
| rebuild maintain or repair the sd Bridge so fallen down ruin[ed?] | ||||
| & prostrate as afsd & to make & render the same durable & firm to [??] | ||||
| at Westmr afsd in the sd County And this the sd Henry is ready [??] | ||||
| verify Wherefore as before he prays Judgmt if the sd Gawen John | ||||
| Tweddell and Bacon Wm ought to have or maintain their afsd Action [??] agt him | ||||
Note: Defendants' Rejoinder, p 1, right hand edge of page missing
Abbreviations are underlined like this Wm. and the expansion may be seen by moving the cursor over it.
| An entry outlined like this has a note which may be seen by hovering over it. |
Transcribed by CTW and RMS