Transcript of National Archives File C10/18/65

[Bill of Compliant.  The file also contains the Answer of William WOODS but this hasn’t been transcribed]

2 May 1655

Humbly complaining show unto your Lordships your Oratrix Mirabel HEYDON an infant under the age of one and twenty years by Sir John HEYDON //

her father and proctor. And that in or about the months of March or April 1652 there was an agreement had and made between Sir John HEYDON for and on behalf of //

Of the Oratrix Mirabel HEYDON and one William WOOD of Croydon in the County of Surrey tanner touching leasing and demising unto the said William WOOD certain coppices, ? ,or underwood  called or know //

by the several names of Benjamins Stomette, Alice Grove, and Lambert Heath and a house or tenement with 16 acres of lands or thereabouts now or late in the occupation of Thomas CHARWOOD //

Or his assigns. To which said premises are situate lying and being in the parish of Bromley in Kent and some other towns hamlet or village thereunto new [adjoining?] according to  //

certain paper or particular made and ? ? between her father Sir John HEYDON and the said William WOOD wherein It was agreed that the timber and timber trees and the bodies of all pollard //

standing and growing upon the premises should be saved and protected unto the said infant and her heirs. And your Oratrix further ? that should ? in person the said [twarly?] Communication and //

Agreement a paper book or draught of a lease was by the present? Of the said William WOOD and by and Bills his [attorney?] ? ? between your Oratrix and the said William WOOD for demising and leasing //

Unto him the WOOD the aforesaid coppices ? and underwood and other premises for the term of one and twenty years for and under several rents and rates and did so and sundry covenants //

and agreement therein mentioned and comprised. And in regard the said William WOOD was by the said Agreement to deposit some monies in hand the said paper book or draught was by agreement between the said  //

Parties? to be ingrossed in perfect and interchangeably sealed and executed by the Oratrix or her said Guardian and the said William WOOD do bond as a security only for the said  money. And that the said WOOD should //

Exhibited his Bill unto this Honourable Court against your Oratrix or her said Guardian ? for? To appear and answer thereunto and thereupon to come to a speedy hearing whereby a charge or ? by //

Consent might be made signed and perfected in this Honourable Court for the better security of the said William WOODS and the more sure and certain selling a lease with fit ? due ? and //

Considered according to the aforesaid Agreement. And your Oratrix further shows that the said WOOD did accordingly exhibit his Bill unto this Honourable Court against your Oratrix or her said Guardian to which Bill they //

Did answer and thereupon the said Cause came to be heard in the Chapel of the [Rolls?] on Saturday the eighth of May 1652 whereupon and upon reading of the said //

answer and hearing what was alleged on either side the Court did think fit and so order and decree. That your Oratrix and her said Guardian should make and ? unto the said plaintiffs a lease of the premises according //

To the Agreement with such fit covenants and conditions as Mr [Doctor?] CHILDE one of Master of this Court should allow ?. And that the plaintiffs should sue [?] in payment  ? of the said //

premises against the said Defendant and other of every and all paying from or under them or either of them according to the said Agreement and lease by the decree of this Court. And your Orator //  

further shows that afterwards and before [Doctor?] CHILDS was attended in or about the same at the earnest request and opportunity of the said William [MPoact] a lease was made and ? by //

your Oratrix ? to ? ? and by agreement was to be left in an indifferent hand until the said [Doctor?] CHILD should settle a fit lease according to the said Order the draught ? then drawn ? //

Utterly disliked by your Oratrix and guardian and their counsel But the lease coming into the custody of the aforesaid William [WOOD?] he the said William WOOD did and doth detail the same him [lease?] said under //

[Pretune?]hereoss doth possess ? of the aforesaid premises and committed great ? and ? there upon. And for it is may it please your Lordships that the said William WOOD having forgotten the said //

Lease unto hands and possession did enter upon the said coppiced [spray?] underwood and premises and being so possessed did not only most ? and unlawfully carry away diverse timber trees of a good //

? which now before the said treaty and agreement felled and cut down and which were prepared assigned and appointed for the repaying of the aforesaid house in the occupation of the aforesaid //

Thomas CHARLWOOD and for the building of a barn to the lands and which were never [received?]  or intended to be any part or within the aforesaid bargain and agreement. But did also fell cut down and carry away //

did so other timber wood? Which were not warranted or at least wise not [?] by the said lease out of ? and greatly ? ? and desire (he being a tanner by Trade and ? and exercising the same trade) to //

Have and get the saw trees and the bark ? of the said timber trees before felled as also of those ? trees which were felled by him so for and doth continue still so do the like and doth give out in ? //

That he will continue for today. And the said ? had the said ? had further also contrary to the said Agreement ? and lease and in manifest breach thereto broken upon the ground and soil in diverse places of the //

Said coppiced ? and wood digged ? stocked and carried away diverse [stays?] trunk grubbed or ? of trees and timber trees which ? young ? had ? thereon and which like wise were noe park //

Nor ? intended to be part of or within the said Agreement or Lease . Also the said WOOD had also given out in searches that in his power and may (if he please) so will ? and carry away … timber //  

Trees and wood growing in and upon the premises Which act [duly?] [interests?] of the said WOOD apparently   lending to the ? and dest? Of your Orator’s inheritance in the premises ? //

? to present the land and the great damage there upon ? and whose wife causing the said the said WOOD ? continue and be a good and ? Tenant to either for ? future, having at his first … //

Beginning at ? perpetrated and do as such answerable ? and ? charge and given out in [parcels?] that her will ? on and continue the same your Orator and Guardian have in a ? manner offered to exchange? … //

The said Wood are such messuages as he ? disbursed and paid with his reasonable costs charges and expenses in and about the premises he the said WOOD  discounting for the ? profit by him made of //

The premises as such he hath refused ? and intending to go on in the course he had begun and hath not redelivered or lost the aforesaid lease with fit covenants and conditions as by the said decree //

Pr desires? ?   was ordered discharged ? but in manifest breach of the same and Contempt of this Honourable Court and contrary to all equity and good conscience still purchase and continue his  ?  //

Waste and ? in and upon the premises to be distrurron? Of the said infant inheritance and threntents to sue your Oratorix and her guardian and either of them upon the Covenants and ? with the said Lease already executed and //

Gotten unto his hands. In tender consideration whereof and for a funeral the Oratrix cannot be sourced nor in any wise go sraoded or hope that the said William WOODS can or will (for the reasons and causes //

Aforesaid ? or be a fit tenant to the premises Your Orator humbly prays that he the said William WOOD may be compelled by the order and decree of this Honourable Court to bring the said lease with this //

Honourable Court to be cancelled and the quit possession of premises to be delivered unto your Orator and her Guardian (the said WOOD having the monies by him so disbursed and that reasonable charges as aforesaid may and //

He discounting and allowing for the mean? thereof and making such ? satisfaction and reparands of and for the ? cost and ? by him committed and done in and upon his premises as his //

? Court shall think fit and award. To which and purpose and that your Orator may be relieved in the premises according to equity and good conscience. May it please your Lordships //

To grant unto to Your Orators the power or writ of subpoena of this Honourable Court to be directed unto the said William WOOD commanding him at a certain day and under a certain pain //

Herein to be ? and personally to be and appear before your Lordships in the High Court of Chancery then and there to make full and perfect answer to all and singular the premises //

and further to stand to obey and abide such further order direction and decree therein as to your Lordships grave conscience shall seem to stand with equity and good conscience. And your Orators //

? all pray ? //.

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