National Archives File C10/15/39
Scope and content Elizabeth Maxwell Dowager Countess of Dirleton v Charles Cecil Viscount Cranborne and Lady Diana [Maxwell] his wife, Richard Blagrave, William Smith, Edward Exoll, Ellis Palmer and others: Wanborough manor, etc, Surrey. Three answers
Covering dates 1651
Contents
Answer of Charles Lord CRANBOURNE and Diana his wife. 1
Joint Answer of Richard BLAGRAVE, William SMITH, Edward EXOLL, Ellis PALMER and John MINGHAM.. 4
Answer of Charles Lord CRANBOURNE and Diana his wife
39
3rd December 1651
The joint and several answers of Charles Lord CRANBOURNE and the Lady Diana his wife two of the Defendants to the Bill of Complaint of Elizabeth Countess DIRLETON in Scotland and Relict of James DIRLETON deceased Complainant
The said defendants saving to themselves now and at all times hereafter benefit of exception to the uncertainties and insufficiencies in the Bill of Complaint contained ad set forth for full [answer?] // thereof as anyway concern them these defendants or either of them to make [?] unto they say that they do believe it to be true that James Earl of DIRETON in the Bill named) the defendants the Lady Diana [?] // father was in his life time lawfully seized in his demeasure as of fee of and in the Manor of Wanborough with the appurtenances and of the capital Messuage called the Friars at Guildford Park and other the // lands in the Bill mentioned in the County of Surrey but whether or not the same be of the yearly value of fifteen hundred pounds this defendant does not know. And they do believe that the said Earl // of DIRLETON was also seized of the Manor of Kidlands with the appurtenances in the Bill mentioned to be in County of Northumberland but whether or not the Complainant the said Countess of DIRLETON .. // of the Defendants the Lady Diana) have title of Dower by the Common Law in all or any of the said Manors Lands and premises or whether she be ? thereof by ? of some jointure made ? her any .. // of the Lands in ? thereof by the said Earle her late husband before or since in her marriage with her this defendant does not know. And they these defendants and every one of them say that they do not know [whether?] // the said James Earl of DIRLETON by his Indenture dated about the time in the Bill mentioned for the consideration therein mentioned to be paid did bargain and sell or mention to bargain and sell // the Capital Messuage called The Friars and the Park and the other lands in the Bill mentioned unto Heneage FINCH, John PRESTWOOD and Henry PRATT in the bill and their heirs upon such conditions // contained in one other deed of the same date as by the Bill is set forth nor whether or not the said conveyance or conveyances if any such ever [?] made in trust or upon valuable consideration // but reserve themselves to [?] and proof thereof. And they this Defendants do likewise say that they do not know but have credibly heard it to be true that the said Earl of DIRLETON did in his life time by // deed enrolled in this honourable Court dated about the time in the Bill mentioned for the consideration of two thousand five hundred therein expressed bargained and sell unto William WESTON in the Bill the // named the Manor [?] and farm of Wanborough and the manor of Kidlands with their appurtenances in the Bill specified upon such condition as the Bill is set forth. But whether the said two thousand // five hundred pounds was really rent and paid the said William WESTON unto the said Earl of DIRLETON or to his wife [?] [?] defendants do not know but if the same were really rent they this defendants // do believe and have reason to induce them there unto that the said Earl upon his last going into Scotland did direct and appoint the said last mentioned two thousand five hundred pounds to be paid unto the said William // WESTON out the money by him left in England in the hands of some persons trusted to that purpose for the redeeming of the said last mentioned mortgaged premises which ought to have [been?] paid accordingly // And that now since the death of the said Earl the payment thereof is obstructed and hindered by means of the said Complainant or some other by her privity and assistance means or // procurement as they this Defendant do verily believe. And these Defendants do believe it may be true that the said Earl of DIRLETON did after the said conveyances made as aforesaid continue in // the possession of the premises and take the profits thereof to his own use. But they these defendants do deny that the said Earl of DIRLETON to their knowledge or the knowledge of either of them // was minded out of the premises in the Bill mentioned to make a further provision of support and maintenance for the Complainant if she should survive him or that he upon that or any other consideration, // did by his deed in writing dated on or about the four and twentieth day of April in the Bill mentioned or otherwise give or grant unto the Complainant all or any of the manors lands and // premises in the Bill mentioned to lay in the County of Surrey nor do this defendant [?] [?] such pretended deed if any were made to be valid or effectual in law or equity or that there is any such other // evidence or declaration of any trust to the said defendant’s knowledge as by the said Bill is pretended or that the Complainant is by way at all entitled at law or equity to the premises conveyed unto // the said Heneage FINCH, John PRESTWOOD and Henry PRATT or to the equity of redemption of the premises most [?] unto the said William WESTWOOD if any such conveyance was made to them or any of them // [deleted text] for that these defendants say that they could verily believe that // the Complainant hath two thousand pounds sterling per annum for her jointure which was long since settled upon her by the said Earl of DIRLETON her husband which is a competent provision // for her the said Complainant as aforesaid settled twenty thousand pounds personal estate at the [?] which farr [?] any [portion?] or for sum [bequest?] by the said Complainant by the late Earl. And that this defendant do humbly conceive that of right the money due […] unto the said William WESTON upon the lands and premises to him mortgaged // As aforesaid if any such mortgage were made unto him as is pretended ought to be paid and satisfied by the Complainant or such as were by the said Earl of DIRLETON in his life time appointed // to redeem the same for the benefit of the duchess and co heirs of the said Earl. And that [?] they as also she said other messuage lands and premises pretended to be conveyed // unto the said Hennage FINCH, John PRESTWOOD and Henry PRATT ought in equity after the decease of the said Earl of DIRLETON (who died without issue male of his body) as to our moiety then // t o be settled and conveyed unto and upon the defendants the Lady Diana and heirs for that the said Earl of DIRLETON being so entitled to the said Manors lands and premises as before is expressed, // did about the month of April last past die in Scotland leaving the defendant the Lady Lay Diana and the Lady Elizabeth wife of William late Duke of HAMBLETON in Scotland the only daughters // and co-heirs unto him the said Earl by virtue whereof one moiety of all and singular the Manors lands and premises so belong and of right ought to come unto her these defendants // Lady Diana wife of the defendant Charles Lord CRANBOURNE as co heirs with her sister the Lady Elizabeth wife to the late Duke of HAMILTON [HAMBLETON] as aforesaid // And this these defendants do humbly offer to this Honourable Court that the [?] that they ought not to joint with the Complainant for the redemption of the premises mortgaged unto the // said William WESTON or to pay any portion of money for the redeeming of the same for the entitling the plaintiff thereunto or laying the same free and open to and for her [pleasure?] // as by the said Bill of Complainant is [?] but say that the equity thereof and also of all other the lands and premises in the Bill specified of the same were mortgaged as is // pretended for one moiety as they conceive do by law and in all right equity and good conscience belong unto these defendants as descended as co-heirs unto the defendants the Lady Diana [to?] // own to her said father the Earl of DIRLETON. And these defendants do deny that they or either of them or any other to their knowledge have gotten in to their or either or any of their hands or // custody all or any of the deeds evidences or writings which convey the premises in a bill mentioned or do keep the same or take advantage thereof and do also deny all manner of combination with the // other defendants in the Bill named or with any of them or with any other person or persons whatsoever to defeat or defraud the said Complaint of her just right and title to the same premises [?] she [have?] // to the same. But believe the same are in the […] she keep but so endeavour to maintain their or one [?] right // And [title?] there unto upon good but lawful […] conveyance as they are advised […] do conceive as they are advised by their Counsel and so hope to make […] // Confesses that they have exhibited their Bill in his Honorable Court against the said mortgagees to have the [inst] right and title […] // In equity as they hope was very lawful for them to do notwithstanding any [?] or estate whatsoever by the said Bill of Complaint pretended or suggested for the complainant or other person // whatsoever. And these defendants so confess that they having […] upon growing though they conceive the same lawful to be done by them they having good right to the inheritance // The rents issues and profits thereof but do deny that they have […] And these defendants say that the said Heneage FINCH, John PRESTWOOD, and Henry PRATT nor any of them have not conveyed unto them these defendants // or either of them the lands or premises or any part thereof to them [?] by the said Earl of DIRLETON nor hath he the said William WESTWOOD conveyed the said premises to him conveyed by the said Earl // or any part thereof to these defendants or either of their use or uses but hope that all the said parties shall be compelled so to do by the justice of this honourable Court upon // hearing the merits of the cause. And these defendants do deny that they or either of them have made or contrive any estate or estates at all of the said premises or any part thereof but do [conceive?] // they are not compel [?] account unto the Complainant or any of the mean profits of the premises or for any money raised by the sale of wood or otherwise until such time as the rights of all parties // Now in [countermise?] be immediately heard and determined in this Honourable Court nor ought any of the profits to be [?] in satisfaction of the mortgage money if any such so that the same was // Otherwise appointed to be paid by he said Earl of DIRLETON in his life time as herein before as declared nor are the rents due unto her the said complainant from the tenants of the premises nor any of // they or any of them to pay the same unto her the said Countess of DIRLTON as these defendants humbly [?] under the favour of this Honourable Court without that that any other matter or things [?] // In the said Bill of Complainant and not herein before sufficiently answered unto confessed or avoided transferred or denied to this Defendants knowledge is true. All which matters this defendant […] // To [awow?] maintain and satisfied this Honourable Court shall award. And prays that he may be hence dismissed with his reasonable costs in this behalf. //
Joint Answer of Richard BLAGRAVE, William SMITH, Edward EXOLL, Ellis PALMER and John MINGHAM
18th February 1650 [1650-1]
The joint and Several Answers of Richard BLAGRAVE, William SMITH, Edward EXOLL, Ellis PALMER and John MINGHAM five of the defendants to the Bill of Complainant of the Right Honourable Elizabeth Countess of DIRLTON Complainant.
The said Defendants any every of them saving to themselves all benefit of exception to the interrogatories and insufficiencies of the said Bill of Compliant for answer // to for so much thereof as any way concern them these Defendants or any of them to make answer unto them jointly and severally say. And first these said Defendants ? say that they // do believe it to be true that James Earl of DIRLETON in the Bill mentioned was in his life seized of the several Manors and Lands and premises in the said Bill of Complainant // contained in another deed in the Bill mentioned bargain and sell the Capital Messuage called Friary and the park and diverse other lands lying in the parishes of // Guildford St Luke St Nicholas Compton and Worplesdon in the Bill named unto Thomas FINCH, John PRESTWOOD and Henry PRATT and their heirs. These Defendants nor any of // of them do or their own knowledge know nothing thereof but have heard that the said Earl in his life time did make some Mortgage or conveyance thereof // but to what and for what consideration, upon what trust or condition, or whether the said Mortgage or Conveyance [?] or the consideration therein // mentioned paid to the said Earl or what was intended by the same these the Defendants and every of them are utterly ignorant thereof or any passage? about the said // nor do these Defendants or any of their own knowledge know of the deed of Mortgage in the Bill mention to be made of the Manor Rectory or Farm // of Wanborough and the Manor Kidlands in the Bill named or upon what condition or agreement the same was made by the said Earl or whether the // premises thereby became forfeited or what is or was agreed about the same but this Defendant say that they being tenants unto the Earl of DIRLETON And // holding from him by several leases diverse parts and parcels of the manors and lands had premises in the Bill mentioned did according unto their said several leases pay unto // unto him the said Earl of DIRELTON or to his wife while he lived their several and respective rents due there upon. And these Defendants likewise say that they nor any of them // do not or their own knowledge know that the said Earl of DIRLETON did in his life time in Scotland by his deed in writing bearing date about the four and twentieth // days of April in the Bill mentioned by him signed and sealed as in the Bill is set forth give and grant unto the said Complainant the Countess of DIRLETON all the manors // lands and premises in the Bill mentioned to be in the county of Surrey for the time of her natural life as by the said Bill is set forth but they do confess that // they have heard it reported that the said Earl her husband did make unto her such a deed as in the Bill is [?] // or to the like effect but what estate she the said complainant hath by the said deed or otherwise these defendants do not know or conceive it any way concerns // them or any of them they being but tenants to part of the premises as aforesaid. And they also say that he Lord CRANBOURNE and the Lady Diana his wife in the Bill // named have since the death of the said Earl of DIRLETON entered upon the said Manors lands and premises in the Bill mentioned to lie in said County of Surrey and // Claim the said in right of the said Lady Diana as being heir unto the said Earl or by some other title or estate unknown unto them these defendants and // do by virtue thereof Claim and Demand the rents severally and respectively due from these defendants upon the several leases from the said Earl of DIRLETON as // aforesaid but whether the said Complainant the Countess of Dirleton or the said Charles Lord CRANBOURNE and the Lady Diana his wife have the best right to the premises // or any part thereof they these Defendants leave to this Honourable Court to judge and determine betwist them. And they these defendants and every of them do deny all // and all manner of combination with William Duke HAMILTON and her Lady Elizabeth his wife Charles Lord CRANBOURNE and the Lady Dian his wife or any // any other persons in the Bill named every any other person or persons whatsoever to [?] or defraud the said complainant the Countess of DIRLETON of // her right and title to the said manor lands and premises or any of them or to [?] the same unto themselves or any of them or do set [?] // [?] any title or titles to the same under any person or persons whatsoever or have [?] any [?] estate or estates of the premises // to the reminder of the Complaint other than such as they severally hold by their several leases made unto them by the said Earl of DIRLETON in his life // time and what estate the said Earl of DIRLETON had in the premises or power to settle the same other than before is expressed these defendants nor any of them [?] // know or can set forth. And they these defendants and every of them do deny he they or any of them have felled or cut down any wood or timber growing // upon the said premises or any part thereof or done any other act or acts touching to the committing of any waste or [?] thereupon other than such as by // as they may lawfully do by virtue and power of their several leases from the said Earl of DIRLETON made unto them in his life time // as a foresaid. And these Defendants do confess that they do refuse to pay their respective several rents unto the said Complainant the Countess of DIRLETON // in respect then the said Charles Lord CRANBOURNE had in the right of the Lady Diana his wife [?] have entered into the possession of the said Manors // lands and premises and claim the same to belong unto the said Lady Diana as daughter and heir or co-heir with one other daughter unto the // same said Earl of DIRLETON her father deceased. And by some other right and title unknown unto them these defendants [?] [?] these defendants or of them // know who ? or ? the several and respective rents due from them and every of them upon their several leases before [?] do belong unto // comprised in the said Bill of Complaint and not herein before sufficiently answered. And set forth in [?] that [?] any other matter [cause?] or [?] // knowledge is true. All which matters these defendants is ad will ready to appear [?] and satisfy as this honourable Court shall award. And // prayeth they may be hence dismissed with their reasonable costs in this behalf wrongfully sustained.
[?] JOHNSON
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