National Archives C9/75/74
Contents
Bill of Complaint of Thomas and Elizabeth COLEMAN.. 1
Bill of Complaint of Jane CLIFTON.. 2
Answer of Henry CLIFTON to the Bill of Complaint of Jane CLIFTON.. 4
Answer of Henry CLIFTON Schedule. 6
Further Answer of Henry CLIFTON.. 8
Bill of Complaint of Beatrix CLIFTON.. 9
The several answer of Henry CLIFTON to Bill of Beatrix CLIFTON.. 11
Bill of Complaint of Henry CLIFTON.. 13
Bill of Complaint of Henry CLIFTON.. 15
Answer of Jane CLIFTON to the Bill of complaint of Henry CLIFTON.. 15
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Bill of Complaint of Thomas and Elizabeth COLEMAN
15 June 1681?
Humbly complaining showeth to your Lordship your Orator and Oratrixes Thomas COLEMAN of Saxmundham in the County of Suffolk In holder and Elizabeth his wife Ann WATLING of an // Saxmundham aforesaid spinster Robert LILLY of [blank] in the said county yeoman and Mary his Wife Cousin and co heirs of Rose late the wife of Thomas CHANDLER // their late aunt deceased that Robert DABY deceased your Orators late Grand Father was in his life time and at the time of his death seized in his demeasure as of fee of and in one // messuage and sixty acres of land meadow and pasture with the appurtenances in [..stead] Chediston and else in the county of Suffolk part whereof freehold and part copyhold and ponay so // seized thereof died intestate after whose death the descended and came as the same ought of right to descend and come to Elizabeth your Oratrix’s mother. And that the said // Rose your Oratrixes Aunt as the only daughters of and co heirs to the Robert DAVY the one moiety thereof after the death of your Oratrix’s Mother descended and
.. Aunt inter marry with the said Thomas CHANDLER by whom she had issue which died before the said Rose and that afterwards died without issue of // her body living at the time of her death by and after whose death the other moiety thereof descended and came as the same ought of right to descend and [?] // to your orators in reversion expectant upon
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[C9/75/74]
Bill of Complaint of Jane CLIFTON
Humbly complaining showeth to Lordship your Oratrix Jane CLIFTON of Shere in the County of Surrey widow and relict of John CLIFTON late of Worplesdon in the said County of Surrey deceased that the // said John CLIFTON having in the year one thousand six Hundred fifty nine [1659] made his Will in writing and thereby devised to your Oratrix a messuage and lands with the appurtenances called // [?] Cobbett Moore and Great Moor lying [?] in Worplesdon and Ash in the County of Surrey aforesaid for her life payment there out thirty pounds per annum t her son Henry CLIFTON as in and by the said // Will bearing date on or about the four and twentieth day of November in the said year one thousand six Hundred fifty nine [1659] amongst other things to which your Oratrix // for more certainty refers herself doth and may appear after whose death your Oratrix entered upon the said premises and held and enjoyed the same for the space of four years or // Thereabouts and until such time as the said Henry CLIFTON desired to take a lease of the same as hereafter is set forth during all which time from the death of her said husband to the time of the // Same agreement your Oratrix duly paid the rent of thirty pounds per annum to the said Henry CLIFTON or gave him in lieu thereof his board and maintenance and the keepings of all those for which he // made not other satisfaction nor could so do he having no other maintenance or [?] then left him to live upon. And he was therewith well enough satisfied and contented. And your Oratrix showeth // that the said Henry CLIFTON desirous of employment did request your Oratrix to agree with him and let him lease of the said premises [?[ to make over all your Oratrix’s stock cattle and [?] to him which // she agree unto and take upon in or about the month of April in the year of our Lord one thousand six hundred sixty and three [1663] and then your Oratrix did let a lease of the said premises (excepting only // One [?] for her own [?] for one and twenty years if she should so long live [?] and paying a token the yearly rent of thirty pounds during the said tenure over and above // The said thirty pounds annuity although the said premises were rare worth one hundred pounds per annum and upon so payable to the party and an inventory and appraisement was then made // of the stock which amounted unto [?] hundred four score and six pounds or thereabouts as she remembers which she made over to the said Henry CLIFTON and to take his bond of the // Penalty of four hundred pounds for payment of the said sum. And there was no other sum or sums of money [?] [?] agreed to be formed by the said bond save only the value of the // Said stock and goods. And your Oratrix immediately departed from the said Henry and he entered upon the premises and enjoyed the same and the stock. And soon after the said Henry CLIFTON came to your // Oratrix where she had been since that time and desired her to be his housekeeper which she agree unto so as her younger son James CLIFTON and Beatrix her daughter might live her. And // thereof [?] was agreed between them that they should and that your Oratrix in consideration should only [of it ?] set the said rent thirty pounds per annum [required?] by the said lease during // such time as they should live the said Henry CLIFTON and upon those [?] only your Oratrix as he refers or [?] with her said son and daughter with him the said Henry // CLIFTON and they did do [?] work as servants for the space of above four years or thereabouts. And your Oratrix showeth that she finding the said Henry not so [?] and respectful to her // as he ought to have been and being [?] she was therefore interested to be take herself with her said son and daughter to some other place of aboard which they did and [?] [?] // of rent sixteen pounds per annum rent which rent the said Henry CLIFTON out the said thirty pounds per annum payable to your Oratrix sometimes paid and would now and then pay twenty // [pounds?] and forty shillings at a true and [?] sum [?] and some other small matters but your Oratrix could never get him to come to any account so that she never had the // are full rent of thirty pounds per annum paid but the said Henry is now indebted to your Oratrix for the arrears of the said rent one hundred pounds or thereabouts and // Your Oratrix [?] his unfaithful dealings was forced to commence an action at law for the said rent which [?] to a trial because your Oratrix as her occasion required // Did send for a full of money which amounted to half a year’s rent. Although there was in arrears about four score pounds as the said Henry well knows [?] without // further [?] your Oratrix was advised not to proceed he the said Henry taking the advantage thereof and improving the same so [far?] as that it should be thought […] // All that was due when as the truth is and so he well knows your Oratrix did not such [?] from year to year receive the said rent of thirty pounds per annum to the time // [?] of the said half years but only rent for a sum of money as she has occasion for there being really due to your Oratrix at the same time the sum of [?] pounds // As aforesaid. And now it is may it please your Lordship that the said Henry CLIFTON not withstanding he well knows the premises to be true doth refuse to pay to Oratrix what is // so rightly due as aforesaid and intend to take advantage of the said demand and of other half yearly rent since paid at the [?] day although he well knows they were not demanded // Nor payment in full of all arrears nor could be all the arrears before that time being never paid or satisfied in any manner whatsoever nor will the said Henry CLIFTON // Come to arrangement with your Oratrix and discover what payment unto he hath really and truly made and paid to your Oratrix or for upon her account by her [?] side and // Account [?] will discover he with much of the said rent is really and truly due and in arrears or by what wages or means he doth discharge himself of the [?] or however in what manner // and what sums and at what times and to whom he hath paid the same and designs to make an advantage to himself doth pretend payment of several debts of Oratrix and her said // Husband’s. And that the said board of her the sin and daughter was to be offset upon the said bond and rent and that at her request and promise to make satisfaction her [?] [?] [?] // as in truth he never paid any debts that your Oratrix was [?] for either as his executor or otherwise nor did by any agreement with your Oratrix or any other but the same // was done upon his own account. And the said Henry pretended he paid the debts of several upon your Oratrix [?] whereas if he paid any he was bound for the same // Himself and your Oratrix never made any promise or had any reason so to do. And he the said Henry CLIFTON that and received upon account of your Oratrix more then what would // Pay and satisfy what he justly expended for your Oratrix upon any account and above the said rent due as aforesaid intended consideration whereof and for as [?] your Oratrix cannot // but by the oath of his said Henry CLIFTON make a true and perfect [?] of the premises he well knowing in the conscience that the premises are true, her witnesses that could prove // the same being either dead or in places [remote?] To thence therefore the said Henry CLIFTON may true and perfect answer make to all and singular the premises may set forth for him // Particular whether he was paid and satisfied all the rent of thirty pounds per annum from his father’s death to the time of said agreement and lease made as aforesaid or what place and // when and whether he did not board with your Oratrix and had he [?] at the charge of your Oratrix and [?] and as occasioned had cloths and money from her or whether // he had any other maintenance and from whom and whether he ever paid her in money and what for his board and maintenance may set forth whether at the time of the said agreement // Lease and bond made as aforesaid there was then any other thing in demand or was any other thing demanded and whether the said bond was entered into for more money // than was really one and what was the consideration of the said bond and to then your Oratrix may be relieved in the premises according to equity may it please your good // Lordship the premises consider to grant unto your Oratrix his Majesty’s most gracious writ of subpoena to be directed to the said Henry CLIFTON thereby commanding // him at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in the High Court of Chancery to answer the premises // and further stand to and abide such order therein as to your Lordship shall seem meet. And your Oratrix shall pray. //
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Answer of Henry CLIFTON to the Bill of Complaint of Jane CLIFTON
The answer of Henry CLIFTON gent defendant to the Bill of Complaint of Jane CLIFTON widow Complainant
May 1676
The said defendant saving to himself all benefit and advantage of exception to the uncertainties and insufficiencies in the said Bill appearing for answer to so much thereof as he is advised materially concerns this defendant // answer unto. Saith that he believes that John CLIFTON this defendant’s late father deceased did about the time in the Bill make his last Will and Testament in writing and thereby devise to the Complainant his lands // In Worplesdon and Ash for her life paying thereout to this defendant thirty pounds per annum as by the said Will (amongst other things) whereunto this defendant for more certainty refers himself may appear. And that // said complainant held and enjoyed the said lands together with a close called Little Burchy Field containing by estimation purchased of Robert [Rinworth?] land about twenty [?] // and for which the Complainant ought to be answerable to this defendant) until she let a lease thereof to this defendant which she did about the time in the Bill of Complaint for that purpose mentioned [But?] // this defendant denies that the Complainant paid the said thirty pounds to this defendant or any part thereof or gave any satisfaction for the said close called Burchy Field but the same was due in arrears to this defendant [at] // The time of making the said lease. And this defendant saith that at the complainants request and by her desire he did during the time aforesaid manage and take care of the said Complainants affairs and of several suits // Late commenced by and against the Complainant in which and upon other occasions of the places this defendant disbursed several sums of his own money which he was not reimbursed by the complainant. And this defendant acknowledges that // he lived in the house with her and had his diet there but this defendant kept not any house to the best of this defendants remembrance but made use of one of the Complainant’s house as often as the Complainant occasions [?] // him to London or elsewhere. And this defendant doth contrive that he did by such his service and [care?] of the said Complainants affairs well [deserve?] his diet and board with a such recompense for the same. And this // Defendant doth also acknowledge that the complainant let him a lease of the said premises in Worplesdon and Ash (except as therein is excepted at the rent of thirty pounds per annum payable to the complainant over and // above the said annual sum of thirty pounds due to this defendant there out by the said Will as aforesaid and also sold to this defendant by appraisement several goods chattels corn upon the ground and other things in // Inventory thereof particularly mentioned which by the said appraisement amounted to two hundred twenty six pounds thirteen shillings or thereabouts and this defendant also [?] the time aforesaid bought // timber trees then standing and growing in Cobbetts Moore and Great Moore devised by the Will of the said John CLIFTON this defendant’s father to or to the use and [?] Complainant at sixty pounds which // be [?] to the said two hundred twenty pounds thirteen shillings the said stock and goods were appraised as aforesaid amounted in all to two hundred twenty six pounds thirteen shillings or // thereabouts for servicing the payment whereof to the complainant this defendant gave a bond to her [about?] the time in the Bill mentioned for the penalty of four hundred pounds and this defendant saith // that both the said sums as well for the said stock as for the timber aforesaid were included in a [?] secured by the said bond and not the value of the said stock [?] as the [?] by her Bill […] // same amounting by appraisement to no more than two hundred twenty six pounds thirteen shillings or thereabouts as aforesaid but if [?] at the entering into the said [bond] declared an so [?] // and consented unto by the said complainant that what monies were then arrears and due to this defendant of his said Annuity or what other ways be one laid out by [?] for her the Complainant // Should upon account be allowed and go towards satisfaction of the said bond and it was justified reasonable as this defendant [?] so to be in [?] defendant [?] to so to be in regard this defendant [?] not received a penny of [the] // said annuity and had disbursed several sums for her as aforesaid. And this defendant saith that [the] Complainant soon after her letting of the lease to this defendant as aforesaid moved her [?] // Until one thousand six hundred sixty and five [1665] as this defendant taketh it to the house of James BIGNOLD one of her grandchildren and boarded there but soon after she said Complainant […] // Desire returned to the defendants house at Worplesdon to board with this defendant together with her other son and daughter the brother and sister of this defendant and continued [there for?] // Four years at this defendant taketh it. And this defendant denies that there was any such agreement between the Complainant and this defendant to out set the said [?] in respect of their said // Board as in the bill set forth or that the complainant was this defendant’s housekeeper or that there was any agreement that should so be or that she or her said daughter did any work [?] // for this defendant further or other then as themselves pleased but in the contrary this defendant kept several servants to do his business and to wait and attend upon him also […] // Saith that the complaint was to give and allow to this defendant what their said board should be reasonably worth and this defendant saith that the same was well worth […] // Reserving to this defendants said house to [?] the complainant and many entertainments made [?] and they treated at his defendant’s charge and expense whereby [..] sums of money [?] // Several times paid to and for the complainant and by the her order and allowance he this defendant hath fully satisfied the said rent and monies due upon the said bond as upon a just and [?] account to [?] this defendant // Is willing to come will appear. And this defendant saith that the complainant was so well satisfied) [?] her memory and understanding were perfect) with this defendant […] // Lost her memory and being wrought upon by the designs of some who intend this defendant [?] who have got the said bond into their hands out of the custody of the said complainant […] // In suit against this defendant and also this defendant was unjustly sued for all the said rent of [?] pounds [?] from the time of the commencement of the said lease granted to this defendant […] // Out the said complainant suffered a non-suite upon full evidence in the said account as this defendant [?] he ought not in justice to be to be [?] into account for the said rent […] // To a said account with the complainant for all monies whatsoever due to her from this defendant. And this defendant saith that that he hath annexed an account to this his answer and […] // Part thereof) of all monies paid by this defendant to or for the complainant and by her order and satisfaction given and made by this defendant to the complainant and by her […] // And rent which this defendant saith is just and true and hopes shall be allowed to him for this defendant saith that what debts are in the said account mentioned to be paid […] // Of the complainant yet this defendant paid the said debts and boarded the said persons at the request [?] of the complainant and upon her promise and […] // Hopeth to make appear. And this defendant denies that he to the best of his remembrance [?] any monies whatsoever from the Complainant or for her or by her […] // He said annexed account mentioned to be paid laid out or disbursed by this defendant without that or other matter or thing as in the said Bill of Complaint […] // Answered unto confessed or avoided transversed or denied is true to any knowledge or understanding of [?] which matters and things this defendant […] // And humbly prays to be [?] dismissed with his reasonable costs and charges in this behalf [..] //
Answer of Henry CLIFTON Schedule
The schedule whereunto this Defendant Henry CLIFTON doth refer in his answer and the same doth contain a true account of such money’s and other satisfaction as defendant hath paid out or given to or for the Complainant or by her order or allowance
| To Mr Thomas BLANCHARD[1] Rector of Worplesdon for years tithe for the Complainants lands at Worplesdon at 6 pounds per annum | £24 00 00 |
| Paid four years chimney money for house there at [?] | 4 00 00 |
| Paid poor rates and other tax and parish duty for 4 years there | 14 00 00 |
| Paid George WOODROFFE Esq for 4 years rent for miller [CHITTY?] Lands let to the complaint at [14s?] per annum | 06 00 00 |
| Paid to the Parson of [Ash?] 4 years tithe for the said [?] | 08 00 00 |
| Lands and other the [plaintiff’s?] in Ash at [?] and | 08 00 00 |
| Said poor rates and other taxes and parish duties for the said | 06 00 00 |
| Paid to Henry OAKELEY for coals and schooling of James CLIFTON | 03 00 00 |
| Paid in money to [Beatrix] the [plaintiff’s?] daughter | 09 19 00 |
| Paid to Mr Richard POND of Guildford | 03 11 00 |
| Paid to Counsel for Drawing and [?] Bill in Chancery against [?] YOUNG and others | 01 15 00 |
| Paid to Counsel for two motions in that business | 01 00 00 |
| Paid to Counsel to the trial against WESTERN and HARVEY for STRUDWICK Iron | 03 00 00 |
| Expenses on the witnesses at the trial and charges in bring them and [?] | 03 13 00 |
| Paid Mr Richard COLDHAM[2] his charges in that business | 03 18 00 |
| Paid Mr Thomas BALDWIN for the Complainants answer and other charges at KEMPSALLS suit | 03 00 00 |
| Paid Mr Henry FLUTTER | 03 12 00 |
| Paid to Mr [HILL?] for a suit of clothes and to Mr BEMBRICK for hats for James CLIFTON | 06 00 00 |
| PAID TO James CLIFTON | 06 00 00 |
| Paid to Elizabeth [HENTHER?] | 10 00 00 |
| Paid to [?] PARSONS | 20 00 00 |
| Paid to Mr WATTS | 50 00 00 |
| Paid to [?] WHITEHEAD | 20 00 00 |
| Paid to several other persons in small amounting to | 10 00 00 |
| Paid to James BIGNOLD in money | 50 00 00 |
| Paid to Edward STEVENS for interest money and other money disbursed for the said James BIGNOLD for board and diet for the said James’ BIGNOLD his wife and child | 60 00 00 |
| Lent the Complainant in money when she lived at Shere for three years arrears and upwards of the defendants annuity of 30 [?] p annum before the plaintiff granted this defendant a lease of the lands at Worplesdon | |
| For three cows for the Complaint to one Wm XMAS | |
| For 8 loads of Hay and carriage for the Compliant | |
| For one sow and pigs | |
| For Board and diet for the said Complaint and her son and daughter the defendants brother and sister for [?] [?] during which time they boarded and dieted at the defendants house at 50 per annum | |
| Paid to George WOODROFFE Esq for 4 years rent for the [?] house and land let to the complainant a 16s per annum | |
| Paid tithes and poor rates and other parish duties for the said house and lands during the said 4 years | |
| Paid to the Mr Thomas BRADFOLD for 3 years rent for his house in Guildford taken for the complainant | |
| Due for 3 years rent and upwards due 11th April 1673 for Little Burchfield due to the Defendant from the Complainant | |
| Paid to George COLLINS for one years rent for the Complaints house and Land at Worplesdon | |
| Paid one years tithe and to the poor and other parish duty for the same | |
| Paid for one [?] | |
| Paid for one house | |
| Paid to see Complainant and her [….] | 05 00 00 |
| For ploughing of the Complainants lands | 52 10 00 |
| For cutting and carrying of turf and wood when […] at Worplesdon at Mr WOODROFFE House | 04 00 00 |
| Paid to John FARROW Carpenter | 02 16 00 |
| Paid to Mark Carpenter Mason | 01 06 00 |
| Paid to John BROMHALL Carpenter | 00 18 04 |
| Paid to [Mr?] WALLIS | 00 06 00 |
| For [?] pales gates and other things out to Cobe | 06 18 06 |
| For planks poles and beans sent to Cobe | 01 09 00 |
| Paid to Robert PAYE for Glazing | 00 11 00 |
| Paid to [?] TAYLOR | 02 13 10 |
| Paid to John SHATHER a butcher | 07 04 00 |
| Paid for the carriage of 4 loads of [?] pales and cases carried to Cobe | 01 00 00 |
| Paid for two loads of [?] and carriage and one load of bushes carriage to Cobe | 01 10 00 |
| Paid more to Mark Carpenter | 02 04 04 |
| Paid to James CLIFTON by the hand of John KYNE | 12 00 00 |
| Paid to the Complaint and her [?] for one year’s rent for the defendants house and lands due at Lady Day 1676 | 30 00 |
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Further Answer of Henry CLIFTON
The further answer of Henry CLIFTON Gent. Defendant to the Bill of Complaint of Jane CLIFTON Widow Complainant
[?] the said defendant saving to himself all advantage of exception to the uncertainties of the said Complainant’s Bill which in his former answer he hath saved // [?] the Complainant full satisfaction to such of the exceptions taken by the Complainant to this defendant’s former answer as by the Report of Sir Samuel CLERKE knight // [one?] of the Master of this Honourable Court this defendant is to answer unto. He this defendant for further answer saith that he hath in his former // [answer?] Set forth that he this defendant about the time of his father’s death purchased a close called BURTHEY FIELD which the Complainant held before she let the lease in the // Bill mentioned for the rent whereof the said Complainant ought to give this defendant satisfaction so as it appears that his defendant had some other maintenance // besides the thirty pounds paid which the Complainant ought to have paid but did not pay to this Defendant as in his former answer had [?] set forth and this defendant // doth deny that he had any clothes or money to the best of this defendant’s remembrance from the complaint from the death of this defendants father to the year // One thousand six hundred sixty and three [1663] for this defendant saith that he this defendant by reason of the Complainant not paying this defendant his said Annuity of thirty // Pounds per annum was [forced?] for his support to borrow money of one Edward WEST and of other persons which the Complainant knows and may well remember // in regard the became security with this defendant for the repayment of some part thereof which money so borrowed this defendant afterwards paid and // satisfied and took up the said bonds and this defendant saith and denies that the sum of eighty pounds or any money whatsoever was due from // this defendant to the Complainant for rent when the Complainant sent her son James CLIFTON to demand an half years rent due the Lady Day before other then // the said half years rent then demanded and although this defendant cannot particularly remember the words used in making the said demand yet // He saith that there was not any arrears due to the Complainant at the time of the said demand made this defendant having before that time paid and // Satisfaction all [..] for the said rent to the Complainant as upon a fair account with will appear without [?] that any other matter or thing // In the said Bill of Complainant contained material or effectual in the law to be by this defendant answered unto and herein and in his former answer // are not sufficiently answered unto confessed and avoided to answer or denied is true to any knowledge or understanding of this defendant // All which matters and tings this defendant is and will be ready to answer and prove as this Honourable Court shall and humbly prayeth to be dismissed // With costs. //
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Bill of Complaint of Beatrix CLIFTON
Humbly complaining showeth your Lordships your Oratrix Beatrix CLIFTON daughter of John CLIFTON late of Worplesdon in the county of Surrey Gent. Deceased, by Jane his wife that whereas the said [John?] CLIFTON in his // life time and at the time of his death being possessed and interested of [?] plentiful personal estate sufficient to pay all his debts and legacies with an overplus. He the said John CLIFTON did make his Will and Testament // In writings and therein and thereby gave several legacies to your Oratrix to a certain value and made the said Jane his relict the executrix and died and she afterwards proved the said Will and took upon // the burden and execution of the said estate and possessed herself of all and his personal estate and to the your Oratrix said legacies into her own possession declaring she was improve the same to the // advantage and thereby and by out of several other sums of money which she had and borrowed of your Oratrix would raise [?] [?] [?] for her which she would pay or [?] to and for your [Oratrix’s] // Use and benefit as these should be occasion for the same. And your Oratrix further showeth that the said money so due to your Oratrix amounting in all to the sum of five hundred pounds or // thereabouts or at least wise the said fine being minded to raise your Oratrix said portion to that end and being seized in fee of a messuage farm and lands with the appurtenances lying in the parish of // Yattly [Yately] in the county of Southton of the yearly value of fifty pounds or thereabouts and having an honest intention to secure the same to your Oratrix did therefore by indenture bearing the date the // Tenth day of September in the year of our Lord one thousand six hundred and sixty nine [1669] and made between the said Jane of the first party, Peter SUFFEY Esquire and Thomas ALDWYN Gent. of the // Second party and your Oratrix on the third party and Henry CLIFTON Gent her brother son of the said John and Jane of the fourth party for the consideration therein mentioned and for securing of the said six hundred pounds // and for a present maintenance for your Oratrix due for natural love and affection she said Jane did thereby covenant to stand seized of the said farm, lands and premises to the use of herself for life without [?] // of waste after her death the only use and behoof of your Oratrix and her heirs provided always that if the said Henry CLIFTON his heirs or assigns did or should will and truly pay or cause to be paid unto your Oratrix // The full sum of six hundred pounds within one year after the death of the said Jane CLIFTON that then the uses thereby limited to be void and that thence forth it should be lawful to and for the said Henry // His heirs to enter into [?] and have taken and received the premises and the rents issues and profits thereof And the said Jane did likewise in and by the said indenture for the consideration [?] said give and grant one // annuity or yearly rent of twenty pounds to your Oratrix to be paid to her at the four quarterly feats or terms in the year during the life of the said Jane to be issued out of the premises with // Clause of duty and distress as in and by the said indenture and age other things therein contained relation thereto being had ready to be produced duly executed by the said Jane of [?] under her hand and // Seal do which for more certainty as Oratrix refers herself it doth and may appear [?] consideration whereof your Oratrix did release to the said Jane all sum and sums of money // demanded. And your Oratrix expected to have had the full fruits and benefit of the said conveyance and settlement. But now so it is may it please your Lordship that [the said?] Jane combining and // Confederating with the said Henry Howe to defeat your Oratrix of the benefit of the said conveyance and legacies and other monies so due to [her?] [as aforesaid?] as also of the portion intended her. // Do now stand and give out in speeches that the said Jane had no estate nor power to [?] such conveyance. But [the?] conveyance or settlement was made […] by her of the premises or that she did sign or // Seal some instrument in writing to him the said Henry CLIFTON or to some other person use in trust for him Whereby he hath or claims some […] to title charge or [?] by and out of the premises // Precedent to the said settlement and conveyance made to your Oratrix as aforesaid which in truth in case any such settlement be or have been made it was contrived by the said Henry and got ready and [?] // [?] by him for the said Jane to seal and execute without any instruction or discussion by [and] given for the draw [?] thereof neither was the same if any such be read to her [?] she informed of the true // effect and substance of such settlement deed or conveyance or what it [?] unto And she never intend to put the premises out of her own power. And if such deed be there so ought to have been [?] // […] and the same out to be set aside in equity being for no valuable consideration in money paid or other good consideration whatsoever. And was [?] procured to the only // […] legacies and monies due to her she the said Jane having not otherwise wherewith to satisfy your Oratrix her said portion or provide for her during // [..] privy to [and well] knowing of the said monies so due to your Oratrix or great part thereof and often heard the said // […] Oratrix by and out of the premises or some part thereof and was priby and [?] to the said Settlement // […] and seal of the Jane and made nor [?] thereto or then discovered or said that he [?] or conveyance made to him of [?] But [?] that [?] // […] he will set off the said conveyance to defeat your Oratrix. And will not pay her one penny of the said six hundred pounds all which [?] [?] of the said confederate // are contrary to Equity and good conscience in tender consideration whereof and for a sum as your Oratrix came have no relief or [?] at Law of the land and [practice?] of the said confederate // Her witnesses that could prove the same being either dead or in remote parts and [so old] and infirm as they are not able to travel and that she cannot examine them and present their testimony // But by a commission out of this Honourable Court nor came otherwise but by the aid of this […] relieved in the premises. To their and intent therefore that the said confederates may true and refect // Answer and make to all and singular the premises and in particular may set forth what manner or deed [account] or instrument in writing and to what effect and purpose the said Jane hath sealed and executed // of the said premises to the said Henry and whether with power of reversion or not and where […] to the same and what their names and places of abode are and may set forth upon what account // or for what cause or consideration the said deeds grant settlement or conveyance was made. And whether or not withstanding the same it was ever intended your Oratrix should not be paid // her said portion or any part thereof and should not be paid and satisfied out of the premises. And that then they may show cause why the said settlement deed or grant should not be set aside // As to your lordship shall seem meet may it please your good Lordship the premises considered to grant unto your Oratrix his Majesty’s most gracious writ of subpoena be directed to them // The said Henry CLIFTON and Jane CLIFTON thereby commanding them and either of them at certain date and under a certain pain therein to be limited personally to appear before your Lordship in the High // Court of Chancery to answer the premises. And further to stand and to abide such order therein as to your Lordship shall seem meet and your Oratrix shall ever pray. //
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The several answer of Henry CLIFTON to Bill of Beatrix CLIFTON
The several answer of Henry CLIFTON one of the defendants to the Bill of Complaint of Beatrix CLIFTON Complainant
This defendant saving to himself now and at all times hereafter all advantage of exception to the many uncertainties and insufficiencies of the said Bill of Complaint // [answer?] thereunto he saith as follows. And first the said Defendant saith he believes it to be true that the said John CLIFTON his father in the said Bill mentioned // [?] a the time of his death possessed of a personal estate sufficient to pay all his debts and legacies and did make his last will and testament in writing // and thereby gave to the Complainant a legacy of two hundred pounds and no more and of his said Will made Jane his wife in the said Bill named for a [?] // [?] defendant’s mother his executrix who since his death proved the said Will and as this Defendant believes possessed herself of all the personal // estate of the said John CLIFTON deceased as in the Bill is alleged but whether the Complainant lent the said Jane any money and whether the said Jane ever // declared she would improve the same and the said legacy to the best advantage or would there with raise and service a considerable portion for the // Complainant in the Bill is alleged this defendant knows not. And this defendant does not know nor does believe that the said sum of six // hundred pounds in the Bill mentioned was ever due from the said Jane to the Complainant or any more than the said two hundred pounds legacy and the said // Defendant saith he does not know what estate the said Jane his mother in the Bill mentioned hath of and in the said messuage or farm in the Bill mentioned // The writings concerning the same being in the custody of the said Jane and this defendant having never as yet seen the same to his knowledge // nor does this defendant know what power the said Jane had to make such conveyance or settlement thereof as in the Bill is set forth or that the said // Jane his mother did ever to this defendant’s knowledge or with his privity by any indenture or conveyance settle the said messuage or farm in // the Bill mentioned to the use of herself for life and after to the use of the complainant and her heirs with or under such [?] as in the Bill // of Complaint is mentioned or other person or condition whatsoever or that in and by the same or any other indenture or conveyance the said Jane did charge // the said messuage or farm with one annuity of twenty pounds per annum payable to the complainant during the life of the said Jane nor did this defendant // or the said Jane sign and seal any such conveyance nor doth this defendant know that in consideration of any such deed or conveyance the said complainant // Hath released to the said Jane all debts legacies and demands as in the said Bill is alleged And the […] legacies monies or portion due to her or any part // whatsoever with the said Jane his mother to defeat the complainant of the benefit of that he [?] heard the said Jane declare she would service the // intended [?] as in said Bill is falsely alleged. And the said [?] of the said Messuage and farm or any part thereof. And this defendant // [?] that the said Jane [?] for his use or benefit or in trust for him neither did this defendant contrive prepare or got ready [?] any // [?] upon which [instrument?] or conveyance whatsoever of the said messuage and premises for the said Jane to seal but (if any such be executed by // […] this defendant hopes he may have the benefit thereof he this defendant being her eldest son and the same (if any such there be which this // Defendant knows not) being made without the privity of or any contrivance or fraud in this defendant. And this defendant knows not what estate // this defendant’s said mother hath in the premises this defendant not having seen the writing as aforesaid but hath heard that this defendant’s // [after?] purchased part of the said messuage and premises or some lands belonging there unto now in the possession of the said Jane this defendant is // [?] or […] and this defendant is heir to his said father deceased without that any other matter or thing in the said [Bill of?] // Complaint contained material or effectual in the Law to be by this defendant answered unto [therein?] before not sufficiently answered [?] // [?] or avoided transversed or denied is true to the knowledge or understanding of this defendant. All which matters and things […] // [?] shall or ready to [?] prove as his Honourable Court shall award and humbly prays to be [?] dismissed with his [costs and ?] // chargers in his behalf most unjustly and wrong suffered. //
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Bill of Complaint of Henry CLIFTON
Bill of Complaint of Henry CLIFTON
Complaining showeth unto your Lordship your Orator son and heir of John CLIFTON late of Worplesdon in the County of Surrey Gent. deceased that // Whereas the said John CLIFTON your Orator’s father was I life time seized in his demeasure as of fee simple of did in one messuage with the appurtenances in Worplesdon // aforesaid and of and in one parcel of Land called Cobbetts Moore and of and in one other parcel of Land called the Great Moore in Worplesdon aforesaid and of // and in several other lands and grounds in Worplesdon and Ash in the said County of Surrey and being possessed of some personal estate did make his last Will // and Testament in writing bearing date on or about the four and twenty day of November in the year of Our Lord one thousand six hundred // Fifty and nine [1659] and thereby gave and devised to Jane CLIFTON his wife, your Orator’s Mother, the said messuage with the appurtenances and all his lands in Worplesdon and // Ash aforesaid for her life charged with the annuity or rent charge hereafter mentioned to be paid to your Orator by the said Jane and also all the // underwoods standing and growing upon the premises and thereby empowered his overseers named in the said Will to sell all the timber trees // In Cobbetts Moor and Great Moore and the profits thereof to be employed to the use of his said wife Jane your Orator’s said mother and thereby gave // to your Orator one annuity or rent charge of thirty pounds by the [?] to be issuing out of all the lands in Worplesdon and Ash aforesaid payable // half yearly by and during the natural life of the said Jane your Orator’s said mother and made her the said Jane his executrix and Thomas HAYES and // William CLIFTON overseers of his said Will as by the said Will declaration being thereunto had may appear and shortly after (vitz) in or about the month // of January one thousand six hundred fifty and nine [1659] the said John CLIFTON your Orator’s said father departed this life, soon after his decease the said // Jane CLIFTON proved the said Will and took upon her the execution thereof and by virtue of the said Will and devise entered into and upon the said messuage // said Lands and Premises at Worplesdon and Ash and took the profits thereof and ought to have paid to have paid and satisfied to your Orator the said Legacy or // Annuity of thirty pounds paid according to the said Will.
And your Orator further showeth that afterwards (that is to say) in or about the month of // April in the year of our Lord one thousand six hundred and sixty three [1663] your orator and the said Jane his mother came to an agreement as well touching // your Orator taking a lease of the said Messuage and lands in Worplesdon and Ash devised to the said Jane by the said Will (except some particular Rooms in the said house and other things in the said lease excepted ) us for your Orator buying the corn cattle and goods then upon the said grounds. An // inventory whereof with the values thereof was then made and amounted to the sum of two hundred twenty six pounds and thirteen shillings. And // your orator further showeth that at the time aforesaid the said Thomas HAYES one of the overseers of the said Will and one John BAKER the Elder // sold by the order and direction of the said Jane sell to your Orator all the said Timber trees then growing upon Cobbets Moore and Great Moore for the // Sum of sixty pounds which said Jane being [?] by the said Thomas HAYES to the said Inventory made in the whole sum of two hundred rightly [gave?] // Six pounds for servicing the payment of which said sum to the said Jane your Orator’s mother your Orator did on or about the time aforesaid (vitz) on or about // The seventeenth day of April in the year of our Lord one thousand six hundred sixty and three [1663] give his bond unto the said Jane of the penalty of four hundred // Pounds with condition the remainder [?] that if your Orator his executors administrators or assigns did well and truly pay or cause to be paid unto the said // Jane her executors administrators or assigns the sum of one hundred forty and three pounds upon the feast of Saint Michael then next ensuing and one // hundred forty and three pounds upon the feast of the annunciation of the blessed Lady St Mary then next ensuing. Then the said Obligation to be void [if?] // she to remarry in forth Nevertheless the said Jane being then in [?] unto your Orator of the annuity of thirty pounds per annum devised to your Orator as // aforesaid but the certain sum then arrears not perfectly appearing in regard the papers and accounts thereof could not then be [?] it was // intended and so agreed between your Orator and his said mother at the time of your Orator entering into the said Bond that what should appear due and // in arrears unto your Orator of the said Annuity upon amount to that time should be defaulted and deducted out of the monies due and secured upon // the said bond. And your Orator further showeth that afterwards in further payment of the monies due upon the said bond your Orator by the order // and direction of the said Jane his mother and upon express agreement and promise of the said Jane his mother that she reimburse to your Orator // what he should disburse or default discount or allow the same out of the said bond your Orator by direction off the said Jane and upon her promise and // agreement aforesaid did pay and satisfy unto several persons for the debts of John ATWICK her grandchild the several sums hereafter following // to one [Mr?] WATTS the sum of fifty pounds to one [Mr?] WHITEHEAD the sum of twenty pounds and to several other people
Amounting to the sum of ten pounds. And did also upon the agreement aforesaid satisfy and pay for James BIGNOLD Gent another of grandchildren the /
Several sums hereafter mentioned (vivt) to the said James BIGNOLD in money the sum of fifty pounds; to Edward STEVENS for interest money and other monies //
Disbursed for him the said James BIGNOLD the sum of sixty pounds besides all which sums the said Jane having
Said grandchild his wife and child did promise to pay allot or discount for the same to your Orator and did order
Account for the said board and diet for the said James BIGNOLD and his wife and child at your Orators house the
Orator paid the several sums hereafter mentioned upon the amount and for the use and by the order of the
Things bought for the said Jane it her [?] to keep house the sum of twenty pounds paid for repayment
There is due to your orator for the board and diet for the said Jane your Orator’s mother and for her son
Brother and sister for five years during which time they boarded and dieted with your Orator and for which
Bu agreement to pay the sum of two hundred and fifty pounds and your Orator did at the request of the said
Parish duties for the house and lands which your orator’s mother afterwards
And also your Orator paid one years rent and other parish duties for the said
Pounds all which sums also the said Jane did agree to pay and allow unto
Fifteen pounds. And your Orator did also at several other times pay for
Money and did at several times supply her with [?] of corn and
Ought to have satisfaction and your Orator’s said mother ought to come to an
Orator further showeth that although your Orator hath by the several
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Bill of Complaint of Henry CLIFTON
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Answer of Jane CLIFTON to the Bill of complaint of Henry CLIFTON
The answer of Jane CLIFTON Widow Defendant to the Bill of complaint of Henry CLIFTON
The said defendant saving to herself now and at all times hereafter all and all manner of benefit and advantage of exception to the manifold uncertainties and imperfections in the said Bill of Complainant contains for answer to so // much as materially concerns this defendant to make answer unto she saith that true it is John CLIFTON the Complainant’s father and this defendant’s late husband in his life time seized in fee as he believes of and in the // Messuage and premises in the bill mentioned and that he was likewise possessed of a personal estate of good value and being so seized and possessed did make his Will to the same effect in such manner // by the bill is set forth and at or about the time in the in Bill died and this defendant proved the Will and entered upon his real estate and took the rents issues and profits thereof for some time. And she // likewise possessed herself of the personal estate or so much thereof as could get into her custody and during such time as she held and enjoyed the said messuage and premises she duly paid to the // Complainant the said annuity of thirty pounds per annum given him by the said Will out any [?] or [?] and until the month of April in the year of Our Lord one thousand six // hundred sixty and three [1663]. At which time this defendant and the Complainant came to agreement (the complainant desiring the same) that your Orator should let a lease of the said messuage lands and premises saving // Only some rooms for her own dwelling. And as in the Bill is set forth for the tenure of one and thirty years if this defendant should so long live at the yearly rent of thirty pounds // As also for this defendants making over all the corn cattle and goods then upon the premises as by the Bill is suggested. And an inventory was then or about that time as she remembers // Taken of all the said stock and goods by the direction and with the privity of the Complainant but what the value of the same did amount unto or what the particulars thereof she remembers [?] // Nor nor can set forth being so long since. And she hath not any inventory or copy thereof but believes the Complainant hath the said inventory or copy thereof now in his custody but // this defendant doth deny to her knowledge or remembrance that she did then or at any time sell or cause or order the said Thomas HAYS and John BAKER in the Bill name or either of them or any other // To sell to the Complainant the timber trees or any of them then growing upon Cobbetts Moore and Great Moore as is suggested or upon any part or parcel thereof or that there was any price made of // for the said timber or that the sum of sixty pounds pretended to be the price for the same added to the said inventory made in the whole the sum of two hundred eighty and six pounds // As is [surmised?] Neither is it possible for this defendant to remember the same being so long since and having no writings to evidence any of the particulars relating to the said agreement // And this defendant saith that the said Complainant by the agreement aforesaid being to pay this defendant the sum of two hundred four score and six pounds in consideration of such [?] of the said // Stock corn cattle goods did for the security thereof as in the Bill is set forth enter into a bond or obligation bearing date the eleventh day of April in the said year of our Lord one thousand // Six hundred sixty three [1663] of the penalty of four hundred pounds with condition there under written in such manner and to the same effect as in the Bill. And as by the said bond ready to be // [produced?] appears at the time of entering into which said bond this defendant denies she was in arrears or that there was due to the Complainant any part of his said annuity and denies that then or // at any other time. It was agreed that any arrears of the said annuities should be deducted or defaulted out of the said bond and denies // she ever agreed or promised to reimburse deduct discount or allow any such sums of money whatsoever out of the said bond or monies there upon due. And denies // that by any agreement or direction of her this defendant that the complainant did there upon or otherwise pay any sum or sums of money whatsoever to the persons in Bill named // Or any other neither was there any reason she this defendant so doth for that the said John ATWICK in the bill named did leave sufficient estate as she believes to pay all his debts with an over plus //
[1] TNA PROB5/2158 1670 BLANCHARD, Thomas Minister of Worplesdon Surrey – Accounts/Inventories
[2] TNA PROB11/516/185 1710 Richard COLDHAM , Will of, Gentleman of Guildford