National Archives file C10/19/35
1650 Dirleton v. Finch, Prestwood, Pratt, Weston, Hanzil: Surrey
Answer William WESTON
Answer of William WESTON Esquire one of the Defendants to the Bill of Compliant of the right Honourable [Elizabeth?] Countess of Dirleton Complainant
5Th February 1650 [1650-1]
John PAGE
The said defendant saving to himself now and at all times hereafter all advantages and benefits of exception to the uncertainties and insufficiencies of the said complainants Bill of complaint for // answer there unto. Saith James MAXWELL Earl of DIRLETON to service two thousand five hundred pounds of lawful money of England by this defendant [?] // Lent and paid [?] make this defendant such mortgage as in the Bill is mentioned and this defendant saith and hath received only one hundred pounds part of the interest // thereof and for non-payment of the said money at the times by [?] in the [?] the said mortgage is become forfeited and the said principal monies and all the [?] [?] // Is still due unto him this defendant. And this defendant saith he believes it to be true that the said James Earl of DIRLETON made such settlement […] // which [?] set forth but this defendant hath not [?] the deed thereof. And believing that the coheirs of the said Earl in the Bill […] // Such interest in the premises as by the Bill is set forth. And this defendant saith that the said persons have exhibited several Bills in this Honourable Court touching the redemption // of the premises against this defendant who desire no more than his money lent with the interest and the ready is he hath been and [?] put unto by // was one of the said suits. And upon payment she [?] shall be ready to convey the premises as this Honorable Court shall direct. And hopes and expects // that in the meantime he shall not be interrupted from receiving the possession and receiving the rents issues and profits of the premises towards // his satisfaction And this defendant denies the having of any deeds at all concerning these premises other than in his deeds of mortgage // Or that he pretends any other title to the premises then is aforesaid and denied that as yet he hath made entry into or received // And profits rents out of the premises or any part thereof or hath [?] cause to be cut any timber or wood [? [?] showing // [?] … shall be [?] to receive the rents and profits thereof towards his satisfaction according to law the estate being forfeited in him // And denies that he hath made any conveyance whatsoever of the premises to any person or persons whatsoever or contrived any [?] [?] of the same // And denies all combination whatsoever in the Bill of Complainant charged without that that any other matter or thing in the said Bill of Complaint [?] // Material or effectual in the Law for this defendant to answer unto and not in and hereby well and sufficiently answered unto confessed avoided // transversed or denied is true All which matters and things this defendant is ready to averre and prove as this Honourable Court shall award and humbly // Prayed to be from hence dismissed with his reasonable costs and charges in this behalf most wrongly sustained. // Robert Keglway
[end]
Bill of Complaint of Elizabeth MAXWELL Countess of DIRLETON
February 1650 [1650-1?]
To the Right Honourable the Commissioner for Custody of the Great Seale of England
Humbly complaining showeth unto Lordship your Oratrix Elizabeth MAXWELL widow Countess of Dirleton in Scotland and relict of the late Right Honourable James MAXWELL Earl of DIRLETON deceased. That the said Earl of DIRLETON // In his life time (being lawfully seized in demeasure as fee of and in the Manor of Wanborough and diverse lands tenements and hereditaments thereunto belonging and of a Capital messuage called the FRYERS at // Guildford and diverse lands tenements and hereditaments called Guildford Park and of diverse other land all lying in the County of Surrey and being of the yearly value of one thousand five hundred pounds or thereabouts // And also of the Manor of Redland with the appurtenances thereof in the county of Northumberland in all which your Oratrix had and hath title of Dower by the common law by his indenture dated on or about the // Four and twentieth day of May which was in the year of our Lord God one thousand six hundred forty nine [1649] made between the said Earl on the one part, Heneage FINCH Esquire, John PRESTWOOD Merchant and Henry // PRATT of London Haberdasher on the other part in consideration of two thousand five hundred pounds therein mentioned to be by them paid unto the said Earl did bargain and sell the said Capital messuage called the // Fryers and the said park and diverse other land lying in the parishes of Guildford Stoke St Nicholas Compton and Worplesdon unto the said Heneage FINCH, John PRESTWOOD and Henry PRATT and their heirs upon condition // Contained in other indenture of the same date to be void upon payment of two thousand six hundred pounds at the end of six months then next after ad now past (as in and by the said indenture the first of the same // being enrolled in this Honourable Court of the same were produced more largely would appear which two thousand five hundred pounds nor any part thereof was ever lent or really paid to the said James Earl of DIRLETON // The said conveyances were [?] made and were in trust for the said earl and such person and persons to whom he should dispose the premises and the said person trusted were to make and execute conveyance of the premises // accordingly. And your Oratrix further saith that on or about the month of May the said James Earl of DIRLETON did borrow of William WESTON of London Esquire the sum of two thousand five hundred pounds // lawful money of England and in consideration thereof by deed enrolled in this Honourable Court dated the seventh day of the same month of May did bargain and sell the said manor and rectory of Wanborough // And the said Manor of Redlands with the appurtenances unto the said William WESTON and his heirs upon a condition to be void upon payment of the said two thousand five hundred pounds with interest at several times // expressed in another indenture of defeasance of the same date as in and the indenture (if produced) more largely which money was not paid unto the said William WESTON accordingly and thereby the // Premises are become forfeited to him as he pretendeth. And your Oratrix further showeth unto your Honor that the said James Earl of DIRLETON after the making of the said several conveyances did continue in the // possession of the premises and took the rent issues and profits thereof to his own use and the said James Earl of DIRLETON having such rights and title to the premises as aforesaid and being [?] out of the // Same to make a further provision of support and maintenance for your Oratrix if she survived him the said James Earl of DIRLETON being in Scotland did by his deed in writing dated on or about the four // and twentieth day of April last past by him signed and sealed in the presence of diverse creditable witnesses Give and grant to your Oratrix all the said manor lands and premises in the county of Surrey // To have and to hold to your Oratrix and her assigns during the term of her natural life without any manner of let or interruption whatsoever as by the said deed more largely may appear by virtue whereof and other // good evidence manifesting the proof and declaration of the said husband of the trust aforesaid Your Oratrix is entitled in equity as well to the trust of the said premises conveyed to the said Heneage FINCH, John PRESTWOOD // Henry PRATT and ought to have the same by them settled upon her for term of her natural life as also to the equity of redemption and trust of the premises so mortgaged to the said William WESTON (except the // Manor of Redlands wherein your Oratrix hath [?] her title of Dower) And your Oratrix further showeth that the said James Earl of DIRLETON shortly after the making of the last mentioned deed died leaving // the Lady Diana now wife of the Right Honourable Charles Lord CRANBOURNE and the lady Elizabeth now wife of William Duke of HAMILTON in Scotland his two daughters and co-heirs who are entitled to the reversion of the // premises so appointed your Oratrix after her decease and are also entitled to the equity of redemption of the said Manor of Kidlands and ought to join with your Oratrix for redemption of the premises so // [?] mortgaged to the said WESTON and to pay their proportion of the said Mortgage monies according to the values of their estates in case they will enjoy and benefits thereof that the premises may be enjoyed by [all?] // Your Oratrix according to the intention and declaration of the said James Earl of DIRLETON But now so it is may it please your Honours that the said Heneage FINCH, John PRESTWOOD and Henry PRATT and William // WESTON do refuse without the Order of this Honorable Court to convey the premises to your Oratrix according to equity. And the said William Duke of HAMILTON, the Lady Elizabeth his wife , Charles Lord CRANBOURNE // And the Lady Diana his wife some or one of them having gotten into their some or one of their hands and custody or into the hands and custody of some other person or persons to their knowledge as the deed evidence // And writings which concern the premises before mentioned do detain and keep the same and taking advantage thereof do combine and confederate themselves together with Richard BLAGRAVE, Richard CHUTE, Henry // THACKHAM, Robert EXOLL, John SELLAR, Richard HARWOOD, William SMITH, James PARSONS, James BROMFIELD, Christopher HARWOOD, Edward EXOLL, Ellis PALMER, John MINGALL, Thomas COBBETT, Hugh HEN and Humphrey ROGERS // And diverse other persons being tenants of the premises and with one Richard [?] how to defeat and defraud your Oratrix of her right and title to the said Manor and premises and to [?] the land unto themselves or // some of them and to that purpose the said confederates or some of them do set [?] and pretend [?] titles to the premises under other persons and deny that the said James Earl of DIRLETON had any estate herein or power to // settle the same upon your Oratrix as aforesaid. And the said Lord CRANBOURNE and his wife have to that purpose exhibited a Bill in this Honourable Court against the [?] persons trusted as aforesaid thereby to obtain some conveyance // of the premises whereas the said confederates nor any of them have any right or title to the premises or any part thereof during your Oratrix life other than before herein is set forth and yet by colour thereof they [?] or // Your Oratrix and do not only receive and take the rents issues and profits thereof but do also fell and cut down all the wood and timber there upon growing to the utter [?] [?] of the premises knowing that your Oratrix hath // no power by law to hinder the same. And the said confederates do give forth in speeches that the said Mr FINCH PRESTWOOD and PRATT have conveyed the premises to them conveyed as aforesaid to the said Lord CRANBOURNE and the said Lady Diana and // their heirs and also that the said William WESTON hath received his Mortgage Money out of the rents and profits of the premises or otherwise that the said Lord CRANBOURNE hath paid the same to him and that he hath also conveyed the premises // so mortgaged to him unto the said Lord CRANBOURNE which your Orator suspects may be done for if altogether she hath requested the said Mr FINCH, PRESTWOOD and PRATT to convey the premises to your Oratrix according to the said // Conveyance and deed of the said James Earl of DIRLETON yet they deny or delay to do the same And also the said William WESTON refuses to convey the said mortgage premises to your Oratrix though she had [?] to pay all monies // as upon or [?] account shall agree to be due unto him And also the said Lord CRANBOURNE and his Lady do deny to join with your Oratrix in the redemption of the premises as they ought to do according to the values of their estates in case they // will receive benefit thereby. And the said confederates or some of them have contrived [?] estates of the premises to [?] the Oratrix her right and refuse to come to any account with your Oratrix for the [?] profits and monies [?] // By wood sales or otherwise out of the premises which they ought to do and the same to be discounted in satisfaction of the said Mortgage money. And the said tenements refuse to pay their rent to your Oratrix to whom the same belong, in which doings // of the persons as to the great wrong and [injure?] of your Oratrix and are contrary to all right equity and good conscience. In tender consideration, whereof and for so much as your Oratrix having a right and title in // equity is remediless of relief in the [?] by the rules of the rules of Common Law of this nation and the matters before complained of are [?] examinable and relievable in a Court of Equity to the end therefore the said confederates may // upon their corporal oaths a particular and full and perfect answer make to all and singular the premises. And that your Oratrix may have an account of the said [?] profits and a conveyance to her [?] // by the said Heneage FINCH, John PRESTWOOD and Henry PRATT during her life of the premises to them conveyed. And also that the said Lord CRANBOURNE and Lady Diana may be compelled to join with // your Oratrix of Redemption of the premises mortgaged to the said WESTON that the same may be settled on your Oratrix for her life or in default thereof that your Oratrix may redeem the same and hold the premises till she shall be // As imbursed the said mortgaged monies which they should have paid after the determination of her particular estate. And that your Oratrix may be otherwise righted and relieved in all and singular the premises according to right equity // and good conscience May it please your Honour to grant unto your Oratrix Writs of Subpoena under the seal of this Noble Court to the said Heneage FINCH, John PRESTWOOD Henry PRATT, William WESTON, William Duke HAMILTON, the Lady Elizabeth // His [wife?] Charles Lord CRANBOURNE the Lady Diana his wife Richard BLAGRAVE, Richard CHUTE, Henry THACKHAM, Robert EXOLL, John SLLAR, Richard AYWOOD, William SMITH, James PARSONS, James BROOMFIELD, Christopher HAYWOOD, Edward EXOLL, Ellis PALMER John MINGHAM, Thomas // COBBETT, Hugh HENN and Humphrey ROGERS to be directed thereby commanding them and every of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Honour in the High Court of Chancery then // and have to answer the premises and to stand to and abide such order and decree therein as unto your Lordship shall deem meet and most agreeable to [?] equity and good conscience. And your Oratrix shall pray. //
[?] MAYNARD
[?]
[end of document]