National Archives File C8/224/33
Bill
28th May 1655
I humbly complaining show unto your Lordships your ? Orator Peter POWELL gent and Rebecca his wife one of the daughters of Pedaell HARLOW of Grays Inn in the county of Middlesex Esquire deceased, Mary HARLOW, Penelope HARLOW, and Jane //
HARLOW there other of the daughters of Pedaell HARLOW. That several lands tenements and hereditaments herein afterwards singularly named that is to say All that Capital Mansion house messuage or tenement hereintofore built by one Thomas WINSTONE //
in Wanborow or Wanborough in the County of Surrey. And also all that messuage or tenement called Costons in Wanborow aforesaid with all and singular houses buildings, orchards, lands, tenements, meadows, profits, hereditaments and all of the //
appurtenances whatsoever unto the said messuage or tenement or either of them belonging or either of them ? .. And also one mead called Westmead. And diverse other lands tenements and hereditaments //
in Wanborow aforesaid and also those two grounds commonly called or known by the names of Barnsfield and Clayes situate and lying and being in the parish of Ash and the County of Surrey. And also those //
large grounds commonly called or known by the names of Prestrides lying and being in Ash aforesaid were heretofore extended by the late king James. And the said extended lands and premises did afterwards //
by derivative assignment or other [convegaurds?] for the remainder of the extent [accew?] and come unto one Richard [PROCTOR?] and Thomas BANCROFTE in trust for Richard BELLAMY one Waydon his son by //
indenture dated about [blank] on the aforesaid year of the late King Charles in consideration of a [complete] Sum of money paid by the said Pedaell HARLOW late father of the Complainants Rebecca Mary //
Penelope and Jane to the said Richard BELLAMY the father did grant assign and convey all their estate right and title and interest of and in the said extended lands and premises in Wanborrow aforesaid unto Sir //
Thomas BOWYER Knight? And William STYDOLFE in trust for the said Pedaell HARLOW his heirs and assigns. And your Orator further saith that the said Sir Thomas BOWER and William STYDOLFE did afterwards (that is to say) by several deeds under their //
Respective hands and seals declare that the said lands and premises in Wanborow purchased as aforesaid now so purchased in trust for the only use benefit and behoof of the said Pedael HARLOW his heirs and assigns ? //
Would more fully appear unto your Lordships by the said deed of your Orator had the same to produce. And the said Pedaell did only afterwards (that is to say) on or about the aforesaid 17th day of November in the second year of the late King //
Charles purchase the inheritance of the same extended land and premises in Wanborow aforesaid in his own name to him and heirs. And your said Orators further show unto your Lordships that the said Pedaell HARLOW by indenture dated //
On or about the 4th day of November in the year of the said late King Charles for a valuable consideration in money did likewise purchase of the said Richard PROCTOR and Thomas BANCROFTE all the said extended lands and premises in Ash aforesaid for the //
Remainder of the said extent in the name of the said Sir Thomas BOWYER and William STYDOLFE on trust for him the said ? HARLOW and his heirs. And the said Pedaell did also afterwards that is to say on or about the tenth day of November //
In the seventh year of the late King Charles purchased the inheritance of the said extended lands and premises in Ash in the names of the said Sir Thomas BOWYER and Will STYDOLPHE in trust for the only use benefit and behoof //
Of him the said Pedaell HARLOW his heirs and assigns. And your Orator further shows unto your Lordships that the said Pedaell HARLOW by indenture dated on or about the [blank] day of [blank] in [blank] did purchase of the //
Said Richard BELLAMY and Haydon BELLAMY his son an assign of a lease of and in certain other grounds in the said Parish of Ash aforesaid commonly called or known by the several and respective names of Highpits //
And payments for the remainder of a term of 1000 years then in being where last mentioned assignment was also made unto the said Sir Thomas BOWYER and William STYDOLFE [?] in trust for the only use and //
Benefit of him the said Pedaell HARLOW his executors and assigns. And the said Pedaell HARLOW did also purchase in his name the inheritance fee simple of certain other lands and tenements in Wanborow aforesaid of one //
Thomas CHUTER commonly called by the name of Colstyses and now late in the tenure and occupation of one John CHRISTMAS at the yearly rent of six pounds. And your Orator likewise further show unto your Lordships that the //
Said Pedaell HARLOW was in his lifetime and at the time of his time of his death lawfully seized of good estate of inheritance to him and his heirs in the lopp or Manor of Fnodwick in the County of Essex and in diverse //
Lands tenements and hereditaments in Wanborow and Ash in the County of Surrey and in the moiety of the Manor of Bredon and diverse other lands and tenements in Bredon in the County of Worcester with the said //
Lands tenements and hereditaments were and are of a very good yearly value. And the said Pedaell being fee ? processed and when offered at aforesaid on the 31st day of December in the year of our Lord 1641 made his Last //
Will and testament in writing. And for the ? and maintenance of his wife and children having then three sons William HARLOW Robert HARLOW and John HARLOW and five daughters viz. Elizabeth the wife of //
Of Geo DANVERS and the Complainants Rebecca, Mary, Penelope and Jane did thereby amongst of these things devised. That whereas he was possessed or ? in his own or the name of friends? By virtue //
Of an extent described from the ? with was the extent herein before mentioned with extent hath had many assignments until finally it was assigned unto him the said Pedael HARLOW or f? for him //
Where at then assessed (the heritance being in either parish?) had died thereby devise all his estate and ? whatsoever in the said extent and assignment unto Elizabeth his then wife during the term of the //
Extent (if she too long lived). And also that whereas he was sized of other diverse other lands in fee simple at namely in Essex and the Manor of Frodwick in Surrey and Ash and the moyke of the Manor of //
Bredon and diverse other lands and tenements in Bredon in the County of Worcester amounting to a very great yearly amount she did thereby devise all the profits of the last recited premises and of all //
Other his lands and tenements whatsoever not before devised unto his brother in law William STYDOLFE [or STYDOLPH] Esquire giving him full good ? had to be unto his own hands and care the rents and profits of all //
the said premises amongst other ? to her ? following. That is to say that ? of the premises as ? said wife and brother should agree on to be allowed for the maintenance and education //
of his eldest son William HARLOW and the of his children unmarried during their minorities or until they shall be married and out of the premises to saithe ? portions for his younger //
children as his said brother should think fit with being all first formed consideration being had to their continued maintenance then he bequeathed the remainder of the said freehold lands and ? //
to his said son and heir William HARLOW. And the said Will made and appointed the said Elizabeth his wife and the said William STYDOLFE executor in trust manage the said estate for the benefit advantage //
Of his said children according to the said Will and shortly after died. And the executors proved the said Will and took upon them the execution thereof. And your Orator likewise further shows unto your Lordships that as //
Aforesaid William HARLOW oldest son and heir of the said Pedaell it since likewise dead without issue by and after whose decease the said freehold lands devised as aforesaid and the said several assignments and //
Trusts considering the purchase of the said extended lands and premises did come and lawfully descend unto the aforesaid Robert HARLOW second son of the said Pedael. And the said Robert HARLOW became seized //
Of the said freehold lands and by the connivance and sufferance of the said William STYDOLFE deceased? All the rents and profits thereof amounting yearly to a great and considerable sum of money of for the share //
Four years or there about contrary to the true intent and meaning of the said Will in regard of the trusts in the said Will mentioned for raising of portions for yoyr orators Rebecca, Mary, Penelope and //
Jane but not first performed as by the said direction and appointment of the said Will it should and ought to have been and on or about the 30th day of January in the year of ur Lord 1654 the said Robert HARLOW //
Likewise died without issue by and after whose decease the said freehold lands devised as aforesaid and also all the said several and respective Trusts concerning the said purchases of the said Extended lands and //
Premises aforementioned did come and are lawfully revised unto the aforesaid John HARLOW an infant of the age of eighteen years being 3rd son and next heir of the said Pedaell. And that since the //
Decease of the said Robert HARLOW, George DANVERS in the right of the said John HARLOW and as his guardian hath and might have received or still doth or may receive all rents issues and profits as issuing and belonging due and //
And which have a reason and ground due out of the said deceased freehold lands and premises in the Counties of Essex and Surrey and Worcester. And your Orator Peter POWELL likewise showeth unto your Lordships that by his your said //
Orators inter marrying with your Oratrix Rebecca he has become entitled unto and of right ought to receive all that portion which now is or at any time here after by virtue of the said Will shall be //
Come due and payable unto your said Oratrix Rebecca or unto your said Orator Peter in right of the said Rebecca his now wife. But now for it is may it please your Lordships that the said William STYDOLFE doth neglect to //
Assign and appoint your Oratrixes their representative person unto pay them any ? at all although they have respectively attained their ages of one twenty years I neither hath the said William HARLOW in his life time or the //
said Robert HARLOW in his life time nor the said John HARLOW nor the George DANVERS since their respective deceases and decease of the said William and Robert nor any other person or persons for or on their behalf or behalves //
have as yet satisfied and paid unto the said Orators are free or any of them or to any other person for their either or any of their persons for any portion or portions so devised or intended to be raised out of the rents and profits as //
aforesaid. And the said William STYDOLFE hath not as yet declared but doth refuse to declare what portion the Said estate will raise nor what time the said portion shall be raised satisfied or paid unto your Orators //
Respectively according to the true intent and meaning of the said Will. But doth pretend that he cannot raise the said portions nor satisfy and pay the debts ? and due by the said Robert HARLOW at his death //
Unto several persons but by the sale of some part of the said estate. And likewise pretended that being an executor of only in Trust to receive and dispose of the said rents and profits according to the said devise cannot sell [any?] //
part of the said estate without the consent of the said John HARLOW. And your orators show that the said Robert HARLOW in his life time and a little before his death did agree to sell the Inheritance of the said extended lands and of the //
said lease lands and the said lands called Costyses for the raising of portions for the said Orators. And for a ? as the said ? for the raising of portions for the said Orators. And for a ? as the said Elizabeth the relict of the said Pedaell hath am estate for life with the said extended lands and //
Premises by the sale of which said extended premises a considerable sum of money might and would be raised towards the satisfaction of the portions devised and intended by the said Will to your Orators respectively and towards payment //
Of the said Robert HARLOW as debts for without Sale of some part of the said premises your Orators can never have any portion raised by the rents and profits only and by sale of the Inheritance of the said lease and extended //
Lands the remainder of the said freehold lands might also be devised ? unto the said John HARLOW now heir of the said Pedaell HARLOW without any great charge or encumbrance upon the same. And for as much that as //
….which should be thought fit and good to be … respective portions which should be thought fit and agreed on to be paid to your said Orators more to be first raised and paid before the said remainder of the said freehold lands were to be //
According to the said Will the said Pedaell HARLOW he aforesaid (yet now ? all the said rents and profits of the said of the said freehold lands devised for ? of portion for your said orators as aforesaid have been from
time to ? by the connivance and sufferance of the said William STYDOLFE and contrary to the trusts are posed in him used? And enjoyed by the said William HARLOW and Robert HARLOW as foresaid and are now likewise ? //
But enjoyed by the said John HARLOW or by said Guardian George DANVERS to his use and benefit whereby the portions due to your said Oratrixes respectively do remain as yet ? unsatisfied or paid contrary to Equity and your //
Orators have no means but in this honourable Court to have there executive persons they being all above the age of one and twenty years and have no means of maintenance or perform but the performance of the said Trust but //
your Orators cannot compel the servance of the said trust by the Commons laws of this Nation but are properly to be receivable in the premises by the aid of this Honourable Court wherefore and to [them?] the said George DANVERS may //
upon his oath set forth what only ? and profits have ? ? by him or any person for him at any time since the death of the Robert HARLOW and how the same have been disposed of. And that the said William STYDOLFE //
May declare and appoint what person or portions your Orators respectively have and when to be raised and when the same shall be so satisfied and paid unto your said Orators respectively. And that the said William STYDOLFE //
may be decreed forth with to satisfy and pay unto your said Orators out of the money raised by such sale as aforesaid the several portion or portions due to them as respectively. And that the said John HARLOW may by the order //
and decree of this Honourable Court he compelled to give his consent that the inheritance of the said extended lands and premises may be sold by sale whereof the said William
The Trusts in him exposed by the said Will for raising of portions for your said Orators. And to ? that your Lordships according to Equity and Justice may make such decree for the
Said Orators ? competent persons further their livelihood and advancement according to the true intent of the said Testator’s Will. And the said William STYDOLFE may and will be in able to perform //
All and every ? and that your Orators may have release in all and every the premises according to justice and equity. May it please your Lordships to grant unto your Orator a writ of subpoena to be directed to the said William //
STYDOLFE, John HARLOW and George DANVERS commanding them and every of them at certain day and under a certain pain herein to be ? to be and personally appear before your Honours //
In the High court of Chancery then and there upon their corporal oaths to answer to all and singular the premises and to stand to and abide such further order and direction? There in as your lordships shall //
Seem to ? and with Equity and good conscience. And your Orator shall pray. //
Answer of John HARLOW
The answer of John HARLOW an infant not a true age of one and twenty years by George DANVERS his guardian and George DANVERS two of the defendants to the Bill of Complainant of Peter POWELL and Rebecca his Wife, Mary HARLOW, Penelope HARLOW and Jane HAROW Complainants.
.. reserving to themselves and every of them now and at all times hereafter all advantage of exception that may be taken to the ? and of ? ? ?//
.. of the Complainants for answer to so much thereof which as these defendants humbly ? doth anyway consider them these Defendants to make answer unto //
.. say and believe it to be true that Pedaell HARLOW deceased whose bill named was for seized and possessed and ? of and in all the extended lands and //
Wanborough and Ash in the county of Surrey in the said of Complaint privately and at large expressed as in the said Bill is set forth. And these defaults so //
..wise believe that the said Pedaell did purchase the inheritance of the said extended lands and was in his life time and at the time of his death lawfully possessed of a good //
estate of inheritance to him and to his heirs in the ? or Manor Frodwick in the County of Essex and in diverse lands tenements and hereditaments in Wanborough //
and Ash in the County of Surrey and in moiety of the said Manor of Bredon and other diverse other lands and tenements in Bredon in the said County of Worcester//
Which several lands tenements and hereditaments were of a very good yearly value. And that the said Pedaell being so seized and possessed or interested as ? //
Did about the time in the Bill on that behalf mentioned make his Last Will and Testament in writing and for the provision and maintenance of his wife and //
children having then three sons William, Robert and this Defendant John HARLOW and five daughters viz., Elizabeth the wife of this Defendant George Danvers and the //
Complainants Rebecca, Mary Penelope and Jane did thereby amongst other things devise that whereas he was possessed or interested in his own name or other names //
of friends in trust by virtue of an extent ? from the Crown which was the extent hereinbefore mentioned which extent hath had many assignments //
until finally it was assigned unto him the said Pedaell HARLOW or friends in trust for him where at then ? the inheritance being on the said //
Pedaell HARLOW or in some other person in trust for him and his heirs he did thereby devise all his estate interest and claim whatsoever on the said extent //
and assigns unto Elizabeth his then wife during the term of the extent if she so long lived. And also whereas he was seized of diverse other lands in //
Fee simple as namely in Essex the Manors of Frodwick; in Surrey in Wanborough and Ash and the moiety of the Manor of Bredon in the County of Worcester //
accounting and to every great revenue and this defendant John doth further acknowledge that William HARLOW which bill named eldest son and //
assign of the said Pedaell is since dead without issue by and after whose decease the said freehold lands and the said several and respective trusts //
conveying the purchased of the inheritance of the said extended lands and premises did come and lawfully descended unto Robert HARLOW in the Bill //
named second son of the said Pedaell. And also this defendant doth believe that the said Robert HARLOW became possessed of the said freeholds lands and //
advanced the rents and profits thereof accounting and yearly to a considerable sum of money for about the space of four years but what the //
private sums were which the said Robert did at any time so receive out of the said rent and profits or what such sums did account unto //
in the whole these defendants know not. And these defendants does likewise believe that about the time with bill mentioned namely the 30th day //
of January 1654 the said Robert HARLOW likewise died without issue and that by the decease of the said Robert the said freehold lands devised //
as aforesaid and also all the said several trusts concerning the said purchase of the inheritance of the said extended lands and premises afore //
mentioned did come and lawfully descend unto the said defendant John HARLOW an infant of the age of eighteen years being third //
son and next heir of the said Pedaell HARLOW as aforesaid. And the said George DANVERS sayeth that he its guardian to the said infant //
and Defendants John HARLOW and confess that as his ? and in his right and for his wife he the said George DANVERS hath ? some //
? of the said rents due to the said Robert HARLOW before his decease from the ? of the said lands and premises in Essex aforesaid amounting //
To the sum of thirty one pounds or thereabouts. But denies that in the right of the said infant and defendant John and as his guardian or in //
any right whatsoever he hath ? or could ? any part of the rents issues and profits of the said Freehold lands and premises in the //
counties of Surrey and Worcester other than the sum of three pounds ? the said Robert HARLOW died but few wondthe? possessed
as aforesaid and the rents of the said lands have not as yet paid the rents or any part of the rents ground and become due since the //
decease of the said Robert other than the said three pounds. And these defendants further confess the Complainants Peter’s intermarriage with the //
Said complainant Rebecca and that the said Complainant Peter by such his inter marriage is become entitled unto and of right ought to receive all that portion //
Which now is or at any time hereafter by virtue of the said will shall become due and payable unto the said Complainant Rebecca or ? ? //
Said Complainants Peter in right of the said Rebecca his the said Complainant Peter’s now wife. And these Defendants do believe it to be true that with //
the said William HARLOW in his life time nor the said Robert HARLOW in his life time who both died without issue nor any other person or persons //
For their or either of their behalf or behalves have as yet satisfied and paid unto the Complainants or either of them or any other person //
Or person for their or either of their use or use any person or person so devised or intended to be raised out of the rents and //
Profits as aforesaid for that the said William STYDOLFE hath not yet declared according to the said Will what portions ? of //
The said Complainants should have and these Defendants further saith and believe that there are several debts which were ? and due by the //
Said Robert HARLOW in his life time unto several assignments amounting to the sum of three or four hundred pounds or there //
abouts all debts are yet unsatisfied and paid and that the said debts and portions cannot be satisfied or paid by the rents of the said //
Premises but by sale of some of the said estate and these Defendants do likewise believe that by the sale of the said extended Inheritance //
Of the premises and of the said lease lands and of the lands late in the possession of the said John CHRISTMAS a very considerable sum of money //
Might and would be raised towards satisfaction of the said portions devised and intended by the said Will when the same shall be de declared //
And made certain by the said William STYDOLFE the other Defendant and toward the paying of the said Robert HARLOW debts and that thereby the //
Said remainder of the said free hold lands might and would be delivered over unto this Defendant John HARLOW without any ? charges //
Or encumbrance upon them. And these Defendants are well contented that the inheritance of the said extended lands and lease lands and //
lands in the possession of CHRISTMAS may be sold for raising of portion and payment of the said debts. And these Defendants further confess //
and say that they severally believe that according to the intent and meaning of the said Will the said several and respective persons //
which should be thought fit the other Defendant William STYDOLFE and by him to be ascertained … unto the Complainants were to be such performed //
before the said remainder of the said freehold lands were to be delivered over to the heirs of the said Pedaell. And these Defendants saith that //
concerning the rents and profits of the said freehold lands they cannot more fully answer then as herein before they have //
already answered without what that any other matter or things in the said Bill of Complainant contained and not herein and hereby //
will and sufficiently answer unto confessed and adoyed? Or denied is true or material for the Defendants to answer unto //
all which matters and things these Defendants are ready to ? and prove as this Honourable Court shall award and pray to be hence //
dismissed with their reasonable cost and charges in this behalf ? //
Answer of William STYDOLFE & Co
The several answer of William STYDOLFE Esquire one of the Defendants to the Bill of Complaint of Peter POWELL and Rebecca his wife Mary HARLOW, Penelope HARLOW and Jane HARLOW Complainants.
… reserving to himself now and at all times hereafter the benefit and advantage of exception to the manifold uncertainties and insufficiencies of the said Bill of Complainant for full and expert ? to so ? ? //
… Defendants to make answer unto he this Defendant answereth and sayeth that he doth believe the several messuages lands and tenements in the Bill mentioned to be Wanborow and Ash were extended by the late King James and doth also //
… extended premises in the Bill particularly mentioned did by me assignment come to Richard [PROCTOR?] and Thomas BANCROFT and hath heard the same was in trust for Richard BELLAMY and Hayden BELLAMY in the Bill named //
… doth also believe that there was such an assignment made of the said Extended premises in Wanborow unto Sir Thomas BOWYER and this Defendant assignment was made as this Defendant believes by the payment and in trusts for //
… HARLOW in the Bill named. And these Defendants doth also believe that about the time in the bill mentioned the Pedaell HARLOW did purchase the Inheritance of the said extended lands and premises in Wanborough in his own name //
… and his heirs. And this Defendant sayeth that he hath seen deed of assignment made by the said Thomas BANCROFT and Richard PROCTOR whereby they have assigned also to the said Sir Thomas BOWYER and this defendant the extended lands in //
Ash namely Barnsfield, Clayes or Harehades Heighfields and Clay pits which deed this Defendant sayeth doth bear date on or about the fourth day of November in the fifth year of the late King Charles and was ? also in trust as by //
The said Bill is set forth. And this Defendant sayeth that he doth believe that the said Pedaell HARLOW did also by Indenture dated as in the Bill purchase the Inheritance of part of the extended lands and premises in Ash [viz?] Barnsfield Claypitts //
And premises in the name of Sir Thomas BOWYER and this Defendant in trust for the said Pedaell HARLOW and his heirs. And this Defendant sayeth that he hath heard that there was heretofore a lease made of the Heighfields and Claypitts //
For One thousand years by ? CLIFTON to Richard BELLAMY. And that the said Richard BELLAMY did heretofore assign the said lease lands to the said Sir Thomas BOWYER and this Defendant after nomination of the said Pedaell HARLOW //
And in trust as in the Bill is set forth. And this Defendant doth also believe that the said Pedaell HARLOW did purchase of Thomas CHUTER in the Bill named a parcel of land in the Bill mentioned call Costires about the yearly value in //
the Bill mentioned. And this Defendant doth also believe that the said Pedaell HARLOW was in his life time lawfully seized to him and his heirs in his own and other mens names of the said Manor of Frodwick and other lands as in the said Bill of Complainant //
mentioned and of the moiety of the Manor of Bredon in the said county of Worcester but this Defendant doth not know that he or any other in trust for him were seized of any other lands or tenements in Wanborough and Ash then what //
and before particularly mentioned and expressed. And this Defendant doth believe that the said Pedaell HARLOW did on or about the time in the said Bill of Complainant mentioned make and declare his Last Will and Testament in writing and did therein //
and there by amongst other things give and bequeath unto his wife his lease of the three house in Chancery Lane in the possession of himself, of Mr RICH and Mr WOOKE and also there by writing that whereas he was possessed in his own name //
Own the name of friends by virtue of an ? Extent devised from the Crown with extent had many assignments until finally it was assigned to him or his friends for him where at then ? the inheritance ? in other ? //
He did demise and give all his estate interest and claims whatsoever in the said extent and assignment to his then wife for the continuation of the term in the said extent if she so long live and also thereby [continuing?] that whereas he was sized of diverse //
other lands in fee simple in the said Will particularly named, all the profit of the said last mentioned premises and of all other his lands whatsoever not before devised he devised to this Defendant giving him full power and authority to receive and to behold the rents //
and profit of all the said lands and premises to the ? therein and therein after mentioned (that is to say) sixty pounds thereof be paid to his wife during her life quarterly and so much of the profits of the premises as this Defendant //
and his wife should then be fit for the yearly maintenance of ? of sons William and the rest of his Children during their minority or until they should be married and also out of the said profits to raise such portions for his //
younger Children as his said wife and this Defendant should think fit with being all first performed consideration being had to their continual maintenance the remainder of the said freehold lands with the consent of [his?] said wife was //
assigned to his son and heir William HARLOW and did also demise to his said wife all his household estate especially his Tapestry hangings ? and bedding and all other his goods except such as belongs to his children for bedding and [maintaining?]. And also //
The said Will made and appointed the said Elizabeth his Wife and this Defendant Executors as by the said Will to which the Defendants ? himself for such ? in very particular at large appeareth. And this Defendant sayeth that the said Will //
was delivered sealed to this Defendant before the death of the said Pedaell HARLOW but this Defendant did not pose the same nor know the contents thereof till after the decease of the said Pedaell Harlow. And this Defendant ….. //
The said Will that the said Testator has given so largely to the said Elizabeth from his Children and that the estate of the said Testator out of hich his seven children were to be maintained and provided for all by the said Will is [diversed?] //
Was but small. And this Defendant finding the said Executorship was like to prove a very troublesome business was very unwilling to meddle with the said Will or to take the said Trusts upon him whereupon this Defendant [consulted ?] …//
And too be advise of Counsel there upon who advised this Defendant that ? there was lease? or plants? to be excluded for and they had no friend of so were ? to them as this Defendant that he this Defendant would //
Take the said trusts upon him and to provide for them a small ? or he could or so that effect where upon he this defendant was content and did accordingly ? ? the said Elizabeth and [excepting?] of the said Will and to all other the [extended?] //
upon him and did endeavour ? the rents and profits of the said lands and premises according to the direction of the said Will for and towards the performance of the trusts by the said ? in him and ? profits. And continuing the value of the several Manors //
Lands and tenements whereof the said Testator died seized this Defendant sayeth that at the time of the death of the said Testator the said half of the manor of Bredon was then lately leased by W HARLOW to one Mr HORNELL for a rent yearly //
Rent of £3 but ? after the late wary? Fell out and the said the said Mr POWELL pretended that he did yearly pay disbursement sums of money for consideration and other charges and expenses to the several ? of ….. //
? past of the yearly value of the said Manor and lands by him held did amount unto and so would not and did not pay ? the yearly rent for the same to this Defendant. And about the year 1646 one Mr HILL of [Tweybury?] was employed for //
Value thereof and this Defendant sayeth that out of the said Manor of Bredon was yearly paid the some of 12 9 or thereabouts to the King or Queens received of ? there about 40 to Mr Thomas HORNELL //
and lands and from the said year 1646 to the year 1657 this Defendant or his agents by him employed did receive the rents and profits of the said Manor and lands but not to the [rent] //
For rents ? there out and as concerning the said Manor of Frodwick this Defendant sayeth that at the time of the death of the said Testator the same was then newly leased by the said Mr [HAVILON?] to Mr SHOVATE at //
And tender the yearly rent of about 15 shillings whereof a Coppice held lying in great Bently where were such the said Manor demised was of the year yearly value 12 10 Coppice held being of nature of ? ? //
Did come to the other Defendants John HARLOW the younger son of the said Pedaell HARLOW but this Defendant sayeth that he could ? the rent upon the said lease reserved and made about 1647 or //
1648 the said Thomas SHOATE died in / of rent and then the widow of the said Thomas SHOATE being not able to hold the said lease any longer ? the possession //
Thereof. And also this Defendant after great charge in or the repairs thereabouts by this Defendant laid out disposed thereof ? vizt for the said tenement called Old Frodwick ? Defendant … //
At and under the yearly rent of 4shillings and an other ? called New Frodwick at 5 shillings and beheld about 50 acres of young coppice wood which lay [untenanted?] and the copyhold land were demised at ? //
The yearly rent of 12 shillings and concerning the said lands purchased of Thomas CHUTER called Costires this Defendant could make very little rent thereof for that the same lay often untenanted and this defendant sayeth //
Mixed sport of the late troubles charges? And payment being very great that were ? out of and charged upon the said lands and by reason of the abatement of rents and otherwise this Defendant was not able to [receive?] //
Sufficient of they the premises to perform the said Will according to the direction of the said testator for that ? and besides the said extended lands it was then worth as this Defendant ? at above 120 yearly and the said house in //
Chancery Lane the said estate had demised to the said Elizabeth his wife the sum of 60 pounds and to be issuing out of the said other lands and some ? this Defendant was not able to make 60 yearly and of all the said //
Manors and lands by the said Will this Defendant was to receive the rents and profits of which was not sufficient to defray the charges for maintenance of the said seven Children so that there was a great some of money [not paid?] //
to the said Elizabeth for arrears of rent for that this Defendant was forced to disburse out of his own estate was then he could receive for and towards the maintenance of the said Children and other payments …. //
Of the trusts in him reposed the sum of 300 pounds and upwards and this Defendant sayeth that the matters playing this and he this Defendant having then great debts and troubles of his own and being [ancient?] and proving [according?] … //
In his Judgement that the said trust could be performed and the said Robert HARLOW the second son of the said Pedaell being then come of age the said William HARLOW being dead without issue and the said Robert //
… Performance of the said trusts and so that the said //
He did ? the said lands and for that this Defendant was out of ? ? the said Robert HARLOW on or about the month of August 1651 came to an [agreement?] together about the said Manor’s lands and premises and the //
Profits [or loss] of by him this Defendant received. And this Defendant did make (unto the said Robert HARLOW a particular account of all and every the sums of money which this Defendant had received, made and raised out of the rents //
and profits of the said Manor’s lands and premises and the said Robert HARLOW was well satisfied therewith and gave this Defendant a general ? so for the same and thereupon it was agreed that the said Robert HARLOW should from //
that time take the performance of he said trusts upon him in manner and form as is herein after mentioned. And there upon he this Defendant did agree that he the said Robert HARLOW should from that time have and take //
the possession of the Said lands and premises. And in performance of the said agreement he the said Robert did by asoriting or recognising
This defendant
Of money … this Defendant had to his Trusts advanced to perform full …. //
The trusts reposed in him but by reason of the ? of the said estate could not perform the same according to the [expectance?] and intent of the said Testator and whereas this Defendant had laid out and expended diverse … //
Money obtained above what he could ? out of the profits of the said estate and that whereas the said Defendant was willing to be eased and discharged of the Trusts and the said William HARLOW some and ? of the … //
Being dead without issue and the said Robert then of age and was able and willing to dispose of and manage the several estate and ? given and bequeathed by his said Father and had agreed with this Defendant to perform the same and whereas he …. //
Had delivered to the said Robert a true and perfect account of all and singular the profits issuing out of the said estate came to his since he took upon him the said Trusts and the said Robert had expected of the same and was well satisfied of the … //
Thereof and had delivered a true and perfect copy of the said account under his hand unto this Defendant the said indentures writing that if the said Robert HARLOW his executors and administrators did well and truly pay unto this Defendant … //
Executors administrators and assigns the sum of £328 12s 8d upon the first day of April 1653. And if the said Robert HARLOW and his heirs did ? ? this Defendant his heirs executors Administrators and assigns of and from all suit and damages by reason of his being … //
To the said estate and the trust reposed in him as aforesaid and that if the said Robert HARLOW should pay or cause to be paid to the said ? sisters vizt. Mary, Rebecca, Penelope and [Gave] such portion of money and all such time and in such manner [as the] //
Said defendant should ? fit provided it agreed not above 300 a piece and in the meaning true be pay each of the said sisters for ? ? by quarterly payment as the said Defendants should think fit so it exceed not 20 yearly and upon … //
Said persons be paid and so thereby portion was made for the other Defendants John vizt. 160 and in the ? and ? by the years for his ? and till he was otherwise provided for then the said Recognisant to be paid as in and … //
Said deeds of deference? And ? being there unto had many more at large appear and from that time the said Robert held and enjoyed the profits of the said lands and premises unto the time of his decease and all the same time of the … //
[paper fold] ….. rents and profits of the said lands and premises by him this Defendant [advised?] which did in whole amount unto about £1068 14s 5d. And this Defendant did also [give] … //
The said Robert a true and particular account of all the monies disbursed by this Defendant ? in the whole amount unto the sum of about £1397 1s 1d which was more by 328 one shilling 8 pence as this Defendant received … //
This Defendant sayeth that the said Robert HARLOW was very willing and desirous to have performed the said trust and to have sold the half Manor of Bredon for to have raised money to have raised monies to have pad satisfied portions but not to … //
There was a suit brought in this Honourable Court as the said Robert HARLOW for the said Manor of Bredon by due boy ? who pretended? The same was originally but a mortgage and defied a redemption thereof by that means the sale of the said … //
Was obstructed and the said Elizabeth the late wife of the said Pedaell HARLOW did sue the said Robert for the sum of £630 assure? Of the said 60 yearly and ? the said Robert was inforced to compound for five hundred pounds and Thomas CROMPTON //
for the said extended lands and he the said Robert employed this Defendant ? with the said CROMPTON to compound with him concerning the said and would willingly have … //
Mr COMPTON for the said lands called CHUTERS but before any compossion made and perfected he the said Robert HARLOW died without issue and ? his brother and [he?] the other ….. //
The sale of the said lands and performance of the said trust was and is by the means as aforesaid ? to probate? And ? of the said several suits ? and troubles portions could not be raised for the said daughters. And this [Defendant] //
For his part sayeth that he doth remember it fit and ? that ? lands be ? for satisfying of portion for the daughters the said Complainants and ? for that he doth conceive that the trust cannot ? be performed and portions raised only //
By the rents profits and yearly revenue did this Defendant ? that the inheritance of the said extended lands the said lease for 1000 years and the said lands called Costries bought of Thomas CHUTER may be [best ?] a trust to be … //
Should be the Guardian of the John towards the payments of the debts of the said Robert deceased and raising portions for the said daughters and what shall be short for the satisfying such debts and portions may be satisfied out //
Of the yearly rents and profits of the said other manors and lands ? ? the ? forth at the same are discharged of and from the payment of the said 60 by the year to the said Elizabeth and from the allowance of maintenance //
for the said John as ? said John will be discharged of three ? ? as aforesaid as this Defendant’s ? not? Might have been a great encumbrance upon the said Manors and lands beside the said John may ? have a considered //
Person with a wife by all which means he may satisfy debts and to ? without sale of any other manors or lands and this defendant doth ? it just and fitting and do assigned and declared according //
? the power given him by the said will that the said power daughters she said Complaint shall have 300 a piece paid to them respectively for and in satisfaction of their respective portions in manner and form following (that is to say) after the //
debts of the said Robert HARLOW paid then 300 to be paid forth with to be paid to the Complainants Peter and Rebecca in full of their legacy or portion and 300 to be paid to the Complainants Mary within three months after her Marriage or on the //
24th June 1659 shall first happen and 300 to the Complainant Penelope the same to be paid the sum of £300 on the 30th December 1658 and in the mean time until payment all … //
To the Said Complainant the daughter of ? pounds by the ? for ? hundred pounds to be paid to them respectively by the said John HARLOW out the Manors lands tenements and hereditaments … //
His said Fathers and are now come to and descended to him. And true it is … that the said Complainants Peter POWELL and the said Rebecca married and that her person doth be long and ought to be paid to him the said Peter for ? ? //
Is entitled to the same by the said marriage as this defendant considers? //
And this Defendant believes that the said Complainants have severally attained their several ages of one any twenty years. And this Defendant sayeth that he for his part could not raise portions for the said daughters //
out of land by the rents issues and profits of the said Manor lands and premises for the reason aforesaid and therefore he this Defendant hath not till now made any assignment or set forth what persons the said daughters should have out of or by //
the said Fathers estate. And this Defendant sayeth that he doth humbly submit the premises to the Judgement of this honourable Court without that ? any other matters or laying in the Complainants said Bill of Complainant contained make all or //
effect all in the law to be answered unto and not here in before sufficiently answered unto confessed or avoided, ? or denied is true to the knowledge of the this defendant all with matters and things the defendants and will be ? //
? and ? this honourable court shall award and humbly prays to be here dismissed with costs and charges herein wrongfully sustained? //