National Archives File C10-44-65
The several answer of John PRESTWOOD of London Merchant unto Right Honourable Elizabeth Countess of DIRLETON
[Surrey History centre hold a draft of this document under reference 7230/1/1 ]
18th November [1651?]
The said defendant saving to himself now and at all times hereafter all advantage of Exception to the many uncertainties and imperfections of the said complainants Bill of Complaint for answer then [?] of so much as he [concerneth?] // is material for him this defendant to make answer unto saith that true it is that the said James MAXWELL Earl of DIRLETON in the Bill mentioned did in his life time by his deed indented bearing date the four and twentieth day of // May in the year of Our Lord God according to the Computation of the Church of England One Thousand six hundred forty nine and enrolled in this honourable court bargain and sell [?] and confirm unto the said Heneage FINCH and // Henry PRATT in the Bill mentioned and him this defendant their heirs and assigns All that Capital Messuage called the Friary and the houses barns and buildings [courts?] yards gardens orchards […] // and their appurtenances thereto belonging situate lying and being at or near Guildford in the County of Surrey heretofore in the tenure or occupation of the Right Honourable James Earle of ANNANDALE or of his assigns and then in the tenure or // Occupation of the said James Earl of DIRLETON or of his assigns. And also all those closes and parcels of land meadow and pasture with their appurtenances called or know by the name or names of the Lees lying and being in the parish of Stoke // Near Guildford aforesaid in the several tenures or occupations of several under tenants and also all that that Park called or known by the name of Guildford Park and all those messuages farms lands and [?] grounds lately diss? And before that // parcel of the said park called Guildford Park or so of late heretofore reputed to be called the said park and lands containing in the whole by estimation one thousand and five hundred acres and all situate lying and being // In or near the parishes of St Nicholas in Guildford Compton Worplesdon or some or one of them in the said of Surrey and all Messuages Houses barns lodges buildings lands meadows pastures [?] commons ways // Easement profits commodities hereditaments and appurtenances to the said Capital Messuage Park farms and lands before mentioned and to every any or either of them belonging incident or appertaining or now or heretofore accepted // [?] taken known leases uses occupied or enjoyed as part parcel member or belonging of or to the same. And the reversion or revisions remainder and remainders rents and yearly and other profits whatsoever of all // And singular the premises and of every part and parcel thereof of. And also all the estate right title interest use possession inheritance claim and demand whatsoever of him the said James Earl of DIRLETON of in to and out of the said Capital // Messuage park farm lands and premises and of in and out of every part and parcel thereof and all deeds and evidences [?] and writings touching or concerning the premises only or only any part or parcel thereof. To have // And to hold these Capital messuages park farms lands tenements hereditaments and all and singular other the premises before mentioned or intended to be hereby granted bargained sold enrolled and confirmed and every part and // Parcel thereof with their and every of their appurtenances unto the said Heneage FINCH this defendant and Henry PRATT their heirs and assigns as by the said indenture bargain and sale [relation] being thereunto had more at // large it doth and may appear. Together with which said recited indenture of bargain and sale one other indenture of the same date and between the same parties reciting the said indenture of bargain and sale or the most // part thereof was likewise sealed and delivered at the same time by the same James MAXWELL Earl of DIRLETON where in there was and is contained a certain [?] or condition in these words following provided // Always and upon this condition nevertheless that if the said James MAXWELL Earl of DIRLETON his heirs executors administrators or assigns or any of them do well and truly pay or cause to be paid unto the said Heneage FINCH // John PRESTWOOD and Henry PRATT their executors administrators or assigns at or in the now dwelling house of Robert ABBOTT Scrivener situate in Cornhill London the full sum of twenty and five hundred pounds of lawful // Money of England on the thirtieth day of November next ensuing the date of these presents that’s then and from thence forth the said recited indenture of bargain and sale and enrolment thereof and the grant bargain and sale thereby // made of the said Capital Messuage Park farms lands tenements hereditaments and premises and every covenant grant matter and thing in the said recited indenture and in these presents or either of them contained on the part and behalf of the // James Earl of DIRLETON his heirs executors and administrators covenanted and to be performed shall cease determine and be [?] void and of none effect to all intents and purposes in the said recited indenture of bargain and sale and these presents or anything in // them or either of them contained to the contrary thereof any wise notwithstanding as by the said other indenture ready to be shown forth to this honourable court more at large it doth and may appear. And this defendant verily believes that neither the // Heneage FINCH or Henry PRATT were present at the [?] of the said deed of bargain and sale or of the said other indenture or sealed any counterpart of them or either of them but he this defendant did seal and deliver the counterpart thereof [?] [?] // This defendant further saith and acknowledge that the said five and twenty hundred pounds mentioned in the said deed of bargain and sale as the consideration thereof was not lent by him this defendant unto the said James MAXWELL Earl of // DIRLETON now as this defendant verily believes did the said Heneage FINCH and Henry PRATT or either of them lend the sum of five and twenty hundred pounds unto the said Earl of Dirleton or any part thereof but this defendant saith // that although he paid the sum of Five and twenty hundred pounds unto one Robert ABBOTT of London to and for the use of the said James Lord MAXWELL Earl of DIRLETON nevertheless the said sum of five and twenty hundred // Pounds was the [?] monies of the said James MAXWELL Earl of DIRLETON and was by him formerly delivered unto him this defendant to the to the intent and purpose that unless the said Earl of DIRLETON should [..] of him this defendant // the said sum of five and twenty pounds upon a true and real loan that then they late and inheritance of and in the said lands so bargained and sold as aforesaid should remain continue and be in the said Heneage FINCH Henry PRATT him // Defendant and their heirs in trust for the said James MAXWELL Earl of DIRLETON and such persons and persons to whom the said Earl should [?] . And since the said Heneage FINCH and Henry PRATT have (as this defendant is informed) disclaimed as to have […] any estate use or trust // in the premises the sole inheritance thereof as this defendant conceives and by his counsel is informed [?] remains in him this defendant to and under the trust aforesaid. And this defendant further saith that the said James MAXWELL Earl of DIRLETON is not at any time // [?] sealing of the said conveyance receive or borrow of him this defendant the said sum of five and twenty hundred pounds or any part thereof. And this defendant doth likewise verily believe that ever after the making of the said Conveyance the said James MAXWELL Earl of //DIRLETON did continue possession of the premises and took the rents issues and profits thereof during his life. And this defendant further saith that since the decease of the said James MAXWELL Earl of DIRLETON he this defendant hath seen a writing bearing // [date?] the four and twenty day of April One thousand six hundred and fifty [1650] and containing these words following To these presents shall come greeting whereas I James Earl of // DIRLETON have long since settled estate my // most loving and dear wife ELIZABETH in all those my lands of Innerwick and those of Dirleton lying within the kingdom of Scotland. Now know yee that I James Earl of DIRLETON aforesaid [?] and considering that much of the rent the said lands // may happen to be diminished by reason of the extraordinary impositions and taxes (the necessary issue of those troubles and distress with daily threaten and [?] this kingdom) with [God?] of his infinite mercy direct) and well remembering her continued // Constant love and affection to ne me have for her better support and comfort in their [?] and for many other good causes [?] there unto [?] given and granted as an addition of livelihood to my said dear wife over and above the rents and profits arising out // of the lands of Innerwick and [?] of Dirleton. All those my lands tenements and hereditaments [?] called and known by the names of the manor of Wanborough, Priory House of Guildford, and Guildford Park with [?] lying and being in the // County of Surrey within the kingdom of England. To have to hold and enjoy the said Manor, priory, Park and appurtenances during the whole term of him of her natural life her and his assigns without any manner of trouble let molestation or interruption whatsoever // [in?] [witness] whereof I have hereunto set my hand and seal this four and twentieth day of April in the year of our Lord God One thousand six hundred and fifty [1650] // And this defendant verily believes that the said declaration was under the hand and seal of the said // James MAXWELL Earl of DIRLETON and this defendant is the rather induced so to believe because the said declaration as to the estate therein limited to the said Elizabeth Countess of DIRLETON during her life is most agreeable with and directly according to those expressions which the said // Earl of DIRLETON in his life as this defendant hath heard by the relation of Mr Elias HARVEY and Mr Thomas WOODFORD did by word of mouth deliver them not long before the departure of him the said Earl into Scotland and thereupon he this defendant being informed by // his counsel learned in the laws of this land that if the said deed writing or declaration be true that the said James MAXWELL Earl of DIRLETON hath thereby sufficiently declared his intention and appointment that she the said Elizabeth Countess of DIRLETON should have an estate for life // in premises and that she will be able by the means of this Honourable Court to compel him this defendant to convey and execute such an estate therein unto her he this defendant [… the same to [?] for certain [?] ….] ready and willing (as this Honourable Court shall order) to convey further unto your Complainant for her life the // said lands tenements and premises according to the trust in him reposed he this defendant […] And this defendant further saith that he verily believes it to be true that the said James // MAXWELL Earl of DIRLETON did make the conveyance of the manor Rectory and farm of Wanborough and the Manor of Redlands in the Bill mentioned unto the said William WESTON and that the sum of five and twenty hundred pounds as the consideration thereof was really // [A?] bond [paid?] by the said William WESTON or some other for him unto the said Earl of DIRLETON or to some other person appointed by the said Earl to receive the same to and for the use of him the said Earl of DIRLETON. And this defendant verily believes // that the [?] conveyance was [?] a mortgage for the security of five and twenty hundred pounds truly lent and not for or under any [?] trust or confidence without that any other matter or thing in the said Bill alleged material for him // this defendant to make any answer unto and not herein and hereby sufficiently answered unto confessed and avoided transed or denied is true. All which matters and things the said defendant is ready to [answer?] and make good as this Honourable Court shall award and humbly pray to be hence // dismissed with his reasonable costs and charges in this behalf wrongfully sustained. //
Ri NOWDGATH
[Answers Hil[ary] 1650]