C10/44/54
Description: Cecill v. Dirlton, countess of & Scott, knight: Scotland.
Date: 1651
The answer of Elizabeth Countess of DIRLETON one of the defendants to the Bill of Complaint of James CECILL by [?] Lord CRANBOURNE and father Complainant
29th January [1651 or 1657?]
Humbly complaining showeth unto your Lordship your daily Orator […] infant second son of Charles Lord CRANBOURNE and the Lady Dianna his wife one of the daughters // And co-heirs of James late Earl of DIRLETON in Scotland late deceased by his said father […] friend and whereas the said late Earl your Orator’s grandfather was in his life time lawfully // Seized in fee simple of diverse manors lands tenements and hereditaments within Scotland and in [?] Manor and Castle of Dirleton and Caneweek with their appurtenances and diverse // Other lands tenements and hereditaments in Scotland aforesaid of the yearly value of three thousand pounds [or thereabouts] and the said late Earl being so seized and having an [?] [account?] with // resolution to advance your said Orator and to settle the said Manor lands and premises together the honour and dignity of the said [?] of Dirleton after the death of him the // Said Earle upon him your said Orator and his heirs did by some deed or deeds instruments or writings according to the laws and customs of Scotland bearing date on or // About the seven and twentieth day of March in the year of Our Lord one thousand six hundred forty six [1646] or not many years before his death well and sufficiently // settle convey and assure the said Manors lands and premises aforesaid before hereby mentioned and diverse other Manors Lands tenements and hereditaments [?] [?] your said Orator // For want of the said deed and assurance cannot express together with the said [?] unto your Orator and his heirs or some other estate of inheritance according to // The laws and customs of England and likewise by some other deed and deeds or an security in writing bearing date on or about the fifteen day of November one thousand six // Hundred forty [1640] and now further settle confirm explain and dispose of as well the Manor [lands] and premises as also the said honour unto him your said Orator as the said // Several deeds instruments and writings would at lander appiam if your Orator had the same to produce. And your orator further showeth that the said late Earl of DIRLETON shortly after the making // And executing the said last mentioned deed on [?] in November one thousand six hundred forty [?] [?] died in Scotland after whose death your Orator by venture and [?] of the said // Several deeds and writings or some of them became rightfully lawfully entitled to the said Manors, Buildings, and premises with their appurtenances according to the estate therein limited // And ought to take and receive the rents issues and profits thereof unto his own use according [?] But now so it may it please good Lordship that the said Earl of DIRLETON dying in // Scotland about April one thousand six hundred and fifty three [1653] being with being with him at that time [?] Elizabeth Countess of DIRLETON his relict and one Sir John SCOTT Knight who [?] well // acquainted with his making of the said deeds and settlements unto your said Orator and unto who the said Earl had communicated his made in that behalf and either trusted her the said Countess […] with // the said deeds and assurances specially to be preserved for Orator and after to be delivered [?] to him or to his father and mother for the use or otherwise left them in the place where he // died whereof she the said Countess of DIRLETON and Sir John SCOTT or one of them taking advantage of your Orators friends [?[ did presently after the death of the said Earl of DIRLETON possess // themselves of all the said deeds and writings and other evidences concerning your said Orator securing the said lands and premises and they or one of them have disposed of the same // or conceal and suppress or otherwise have embezzled defrayed or otherwise cancelled and spoiled or do withhold and [deny?] the same from your Orator and refuses // so deliver the same unto to him although they have been in a friendly manner often entreated or desired so to do but give out in [?] that they or out [?] some interest in // the [?] and have and do in the meantime by combination between themselves and others to your said Orator unknown make and [?] diverse [?] conveyance of the [?] [?] // or some part thereof whereby to member the same and by combination have since the death of the said Earl of DIRLETON and still do receive and take the rents issues and profits // of all and singular the said premises so settled to and for our Orator or in trust for him to show own use and refuse to account unto your Orator for the same time and whereof // Your Orator [?] like to be utterly [?] barred and prevented of the benefit of the said lands and premises and every part thereof contrary to the [?] settlement and disposing of the said Earl // Of DIRLETON his grandfather and contrary to all equity and conscience. In tender consideration whereof and for that your Orator hath [?] [?] at the Common Law or likewise // but only in equity in this honourable court in respect he awanteth the said deeds and writings and knows not the certain dates and contents thereof on whether the same be in [boxes?] // [?] on how or in what sort they are kept but hopes that the said Countess and Sir John SCOTT will discover the same upon their oaths and may by the interrogatories of this Honourable Court // be informed to deliver the same unto your Orator and to account for the profits by them or either of them received since the death of the said Earl of DIRLETON for such purpose and // to the intent that the said Elizabeth Countess of DIRLETON and Sir John SCOTT and either of them may upon their [personal?] corporal oaths answers all and singular the said premises // And may set forth in particular what deeds instruments writings or other evidence they or either of them have in their custody or can [?] by or are in their possession of any other // by [?] or either of them [?] on [deliver?] on that they know of belonging unto your said Orator on declaring or mentioning any trust for him touching or anyway concerning the said Manors // lands and premises or any part thereof or when any such deed writing or evidence [?] to their or either of their knowledge [?] or consent and [?] likewise declare // the truth of the premises and that he your said Orator may be the order or decree of this Honourable Court hath and enjoy the same. May at please your Lordship the premises considered // or grant unto your Orator a writ of subpoena to be directed unto the said Elizabeth MAXWELL Countess DIRLETON and Sir John SCOTT Knight thereby command [?] them and either // of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in the High and Honourable Court of Chancery [?] // and them to answer all and singular the premises and further to stand be and abide such order and decree as to your Lordship shall deem most [?] and [?] // To right equity and good conscience. And your Orator as in duty bound shall daily pray.
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