Transcript of National Archives file C9/405/217
Bill of Complaint
24th January 1675
Humbly complaining showeth to your Lordship your Orator Henry CLIFTON of Worplesdon in the County of Surrey Gentleman and John CHILD of Guildford in the County aforesaid Gent. // Whereas one James BIGNOLD the elder late of Shere in the County aforesaid deceased in his life time seized and possessed and in [?] messuages lands and tenements and hereditaments to him // Heirs of a considerable yearly value situate and lying and being in the county aforesaid and being so seized did make his Last Will and Testament in writing and thereby amongst other things did // [?] and bequeath the sum of one thousand and five hundred pounds to his five children John; Josiah; Jane; Judith and Johanne in such parts and proper proportions as in the said Will is [listed?] // And that the said sum should be paid into the hands of your Orator and one Robert PRETTY and John ATWICK both deceased both since deceased and by them to be put forth for the best advantage of his // Children. And that they out of the profits of the said monies should be brought up in such sort as his said trustees with advise of the mother of the said Children should think fit // Willing and desiring that his said trustees should pay the several legacies to the said children at the times in the will mentioned and in case his executors and heirs at law should [be?] // Default of payment of the said one thousand five hundred pounds in manner as aforesaid then he devised to your Orators and to the said PRETTY and ATWICK [..] All that messuage [?] // Tenement lands meadows pastures feedings and appurtenances lying in Shere aforesaid containing one hundred acres more or less and all those closes of land with the appurtenances // Lying in Shere aforesaid containing by estimation fifteen acres be they more or less. And also the messuage and orchard with their appurtenances […] And also all that annuity or yearly // Charge of sixty pounds per annum issuing out of a farm lands tenements and hereditaments with their appurtenances called Edolphes Farm Bishops Kinard and Norwick lying // In Charlwood in the County aforesaid to be sold for the payment of the said sum of one thousand and five hundred pounds. And of his said Bill did make and ordain James // BIGNOLD his son and heir, his executors as in by the said Will ready to be and [?] appears. And soon after died. And your Orators show that the said James BIGNOLD // the heir did after his said father’s death enter upon the premises and hath received and taken the rents issues and profits thereof to his own and hath not only neglect // but refused to pay the said sum of one thousand and five hundred pounds for the use of the said younger children. And doth obstruct your Orators in the execution of the // said trust due having got [?] the deeds and evidence concerning the said lands and premises unto his custody doth conceal and withhold the same from your Orators so that they [can?] // make out any good title to encourage a purchaser to buy the premises. Although your orators are much pressed to take upon them the execution of the said trust. And to sell the said [premises?] // Due by combination with one Joseph BURROUGHS of London Scrivener and others unknown to your Orator they the said confederates defeat and defraud the said trust have [?] // the said writings unto one others hand. And now the said Joseph BURROUGHS not withstanding he well knew of the trust and will due that the said James BIGNOLD // had nothing to do with the said reciting [particulars?] they were [?] to him by the said BIGNOLD the heir for a sum of money. And [bound?] up in a shelf or box or other things. And [?] // He will keep the same as he pretends till he will be satisfied whereas in truth there was no money due to him from the said BIGNOLD but what was paid or secured other [wise?] // And refuses to deliver the said writings to your Orators although thereunto requested contrary to all equity and good conscience pretending sometimes that he hath or [?] // Or box and knows not whether there be any writings or other [?] therein and refuses to open the same to see what there are intended consideration whereof. And for [?] // your Orators and willing to accept the said trust. And sell the said lands and premises towards payment of the said legacy of thousand and five hundred pounds in manner [as in?] // Said Will is proved. And for that your Orators cannot by the trust ruled of the common Law bring an action for [?] of the same they not knowing the dates nor content // Said writings nor any of them nor whether they be in box shelf or other place in certain and having not witnesses to prove the same your Orators are therefore […] // Honourable Court only to then and intent therefore the said confederates may true and perfect answer make to all and singular the premises are may set forth and discover what deeds evidence // they or any of them or any other by or with their or either of their privity consent or [?] have had or know of or whether they or either of them or any other hath or had any box […] // Or other thing of and from the said BIGNOLD the heir and executor where many deeds or writings are or were out as they know believe have seen or been informed that […] // Or were reputed taken as the deed and evidences of the said James BIGNOLD and may set forth in whose custody or power the same now are and when they or the time […] // Or other thing wherein they are or were supposed to be was last seen and in whose custody. And to then the said confederates may set forth by what [?] or […] // the said writings. And whether the said writings or any of them have been seen or so used by them or any of them and whether the said trunk box or thing wherein the [?] // Or are supposed to be was at any time and when opened and in whose […] and whether any the deeds or writings are or have been taken away and moved from the others [?] // and for what purpose. And to their your Orator may have all the [..] deeds and evidences delivered to them that concern or any way relate unto the […] // According to Equity May it please your Good Lordship the premises considered to grant unto your Orators His Majesty’s most gracious writ of subpoena [and it be?] directed [?] // Said James BIGNOLD and Joseph BURROUGHES thereby commanding them and either of them at a certain day and under a certain pain to be limited personally to be [?] // before your Lordship in the High Court of Chancery to answer the premises. And further to stand to and do further [..] to your Lordship shall […] // Your Orators shall ever pray. //
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