National Archives file C 9/8/24 Description: Cranborne v. Exall
Contents
Bill of Complaint of Charles Lord CRANBOURNE. 1
Call to Answer of Robert EXALL etc. 2
The Several Answers of Robert EXALL etc. 3
The answer of Elizabeth Countess of Dirleton. 4
Call to Answer to Robert EXALL Etc. 6
Bill of Complaint of Charles Lord CRANBOURNE. 6
Further Joint and Several Answers of Robert EXALL etc. 8
Bill of Complaint of Charles Lord CRANBOURNE
Date: February 1650
To the Right Honourable the Lord Commissioner for the custody of the great seal of England
Humbly complaining showeth unto your Lordship your daily Orator and Oratrix Charles Lord CRANBOURNE and his Lady Diana his wife that Whereas James MAXWELL Earl of // Dirleton in Scotland deceased (father if your Oratrix the Lady Diana) was in his life time seized of the Manor of Wanborough, Priory House of Guildford and // Guilford Park with the appurtenances lying and being in the county of Surrey. And he the said Earl being so thereof seized did about [seven?] years since as well // by Indenture of demise in writing as also by several leases [poll?] demise rant and to farm, let several terms of years and from year to year unto // Robert EXALL, John CELLOR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter REED, Thomas COBBETT, Thomas COOK and // John GILLAM respectively several parcels and quantities of the park called Guildford Park and other lands and premises belonging to the said manor // of Wanborough reserving by the said several and respective leases several yearly [?] payable half yearly or at some other time unto the said Earl of Dirleton // his heirs executors Administrators and assigns at some certain place in the said leases expressed and agreed by virtue of which said several and respective // leases the said several persons did enter into the several parcels of land thereby severally leased unto them and became thereof possessed and have severally enjoyed // the same ever since the making the leases aforesaid. And your Orator further show true the said James MAXWELL Earl of Dirleton about a year since being in // Scotland there died intestate about the month of May last after whose death Letters of Administration of the goods and chattels of the said Earl of Dirleton were // lawfully granted unto your Oratrix the Lady Diana she being the only issue of him the said sail Earl here in England with the said Letters of Administration your Orator and // Oratrix did produce and show forth in this Honourable Court by virtue whereof all the rents due and payable by the said parties before named and every of them upon // their several and respective leases before the death of the said Earl of Dirleton due of right belong And ought to be paid by the before mentioned persons and every of // them respectively unto your Orator in right of your Oratrix his said wife as Administrator of the goods and chattels of him the said the said Earl of Dirleton but all the // being Due and payable by the said persons and every of them upon their said several and respective leases since the death of him the said Earl of Dirleton are due and of // Right do belong unto your Orator in right of his said wife as heir unto him the said Earl of Dirleton her father, but now be it is may please your Lordships // that the said Robert EXALL, John CELLOR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter REED, Thomas COBBETT, //Thomas COOK and John GILLAM having in their hands and unpaid as well several rents due upon the said several leases at Lady Day last past before the death // Of the said Earl as also the several rents due at Michaelmas last past upon the [?] being since the death of him the said Earl of Dirleton do absolutely refuse // to pay the same but by combination amongst themselves do endeavour defeat your Orator and Oratrix the [defendants] the said person and every of them // well knowing that your Orator and Oratrix cannot produce the Counter party of such leases as are in writing or prove the leases poll whereby so compel // payment of the said several rents by the rules of Common Law of England. And they the said before named persons and every of them do refuse to set forth and // declare what and how much rent they and every of them are by the said several leases bound to pay or to pay the same accordingly. In tender consideration // whereof and for that your Orator and Oratrix have not the counter parts of the said leases in writing nor can come the same nor can prove the leases poll nor knowing // The witnesses thereunto to make use of for recovery of the said rent at the Common Law in respect of the said Earl of Dirleton dying in Scotland [?] having not as // Yet gotten into their hands or custody the writings belonging unto him by reason whereof your Orator and Oratrix as absolutely not [outstanding?] at law // Otherwise [..] a Court of Equity in this Honourable Court to the end therefore that the said Robert Exall, John SELLOR, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter REED, Thomas COBBETT, Thomas COOK and John GILLAM and every of them may [?] and respectively // Upon their corporal oaths […] set forth and discover what lease or leases he or any of them have from the said Earl of Dirleton and of what lands in particular // And what part or parts is performed there upon and what and how [present] is arrears and unpaid by them or any of them upon the same and that and every [?] // them respectively may by the order and decree of this honourable Court be compelled to pay the same unto your Orator and Oratrix and [?] according to equity and good // good conscience may it please your Lordship the premises considered to grant unto orator and Oratrix writs of subpoena and to be directed unto the said // Robert EXALL, John CELLER, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter REED, Thomas COBBETT, Thomas // COOK and John GILLAM hereby commanding them and every of them by a certain day and under a certain pain there to be limited to [?] and // appear before your Lordship in the high Court of Chancery and further to stand and abide such order [?] and […] and every // the said premises as to your Lordship in equity and good conscience shall seem meet and just. And your Orator and Oratrix shall pray [?]. //
[End of Document]
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Call to Answer of Robert EXALL etc.
[..] of the liberty of England by the authority of Parliament. To John WESTBROOK, John LOUNDER, John MONGER, Ponnings MONGER // [..] BLAGRAVE and Richard WATTS Gentleman greeting whereas Charles Lord CRANBOURNE and his wife Countess //
[…] Bill of Complaint before [?] in the Court of Chancery against Robert EXOLL, John CELLER, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter REED, Thomas COBBETT, Thomas COOKE and John GILLAM defendants. And whereas we have by your // […] lastly commanded the said defendants that they should appear before
[…] know that we much trusting to your fidelities have appointed you and by virtue of these defendants do give you or any three or // [..] If you full power and authority to examine diligently the said defendants upon the matter of the said Bill (the tenor thereof we send // […] in these premises) And therefore we command you three or two of you that at such certain time and place as you // […] to the said defendants if they cannot conveniently come to you and diligently examine them upon their corporal // [oaths?] […] you three or two of you upon the Holy Evangelist touching the matter of the said Bill. And that you receive their // […] There unto and endure them written in parchment and when you have so taken them that you then send // […] [under] the seals of you three or two unto us in Chancery aforesaid without delay // whatsoever it shall then be together with the tenor aforesaid and this [?] // […] xxth day of April in the year of or Lord 1655.
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The Several Answers of Robert EXALL etc.
The [?] and several answers of Robert EXOLL, John CELLER, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter READ, Thomas COBBETT, Thomas COOKE and John GILLAM defendants to the Bill of Complaint of the Right Honourable Lord Cranbourne and the Lady Dianna his wife Complainants.
The said defendants saving to themselves now and at all times hereafter all advantage and benefit of exception to the uncertainties and insufficiencies of the said Bill of // Complainant for answer thereunto say that they do not know that the rents of the lands in the Bill mentioned due at the death of the Earl of Dirleton in the Bill named // do belong to the Complainants as administrators of the goods and chattels of the said Earl of Dirleton. But saith that the right Honourable Elizabeth Countess of Dirleton relict of the said // Earl denies the [?] rents as reversion of the said earl. And these defendants as [informed] that the same belong to her and not to the Complainants. And these Defendants also say they do // not know that the Complainants are entitled to the Lands in the Bill mentioned as thereby is set forth. But say that one William WESTON, [?] Hennage FINCH Esquire John PRIESTWOOD // And Henry PRAT do claim the same by [?] made by the said Earl of Dirleton in his life time. And also the said Countess of Dirleton claims an estate // The [..] from the said Earl of Dirleton so as these defendants know not to [?] of the said parties the [?] of the premises doth [?]. But are advised by // They [?] counsel the same being [?] of title is properly payable by the Common Laws. And these defendants say that the [?] and [?] of the Complainants Bill being to // discover what leases these defendants have of any parts of the premises for answer thereunto these defendants further say that they have several leases of several parties of // the premises. And are ready to pay thereabout to such of the said persons as shall have best title to the same. And do not intend to [?] any of them of any part of the said // [?] And the before these defendants offer that he complainants shall [?] they please at their costs and charges have copies of the several leases made to these defendants with their // [?] [?] that that any other matter or thing in the said Bill of Complainant [?] material or effectual in law for these defendants to answer unto and not // [?] hereby well and sufficiently answers unto confessed avoided transversed or denied is true. All which matters or things these defendants are ready to answer and prove // as this honourable court shall award. And humble pray [?] dismisses [?] reasonable costs and charges by [?] in this behalf most // [?] unjustly sustained.
The defendants [?] names are subscribed were sworn the 28th April in the year of our Lord 1651 at Guildford in the County of Surrey before us. […]
James BROMFIELD, Thomas COOKE, Richard HARWOOD his mark, John GILHAM, Christopher HARWOOD, Robert EXALL his mark, William GILHAM his mark, Thomas COBBET his mark, Walter READ, John CELLOR his mark.
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The answer of Elizabeth Countess of Dirleton
The several answer of Elizabeth Countess of Dirleton one of the Bill of Complaint of Charles Lord Cranbourne and the Lady Diana his wife Complainants
The said defendant saving to herself now and at all times hereafter all advantage and benefit of exception to the uncertainties and insufficiencies of the said // Bill of Complaint for answer unto so much thereof as she is advised is material for her to answer but saith that she believeth it to be truth that James // late of Dirleton this defendants husband deceased was in his lifetime lawfully seized of and in all and singular the manors land tenement and hereditaments // In the Bill of Complaint specified in his demeasure as of fee as by the Bill of Complaint is set forth. And this defendant saith that the said Earl by his indenture bearing // date on or about the four and twentieth day of May which was in the year of our Lord God one thousand six hundred and forty nine made between the said Earl of // the one part Heneage FINCH esquire, John PRESTWOOD and Henry PRATT in the said Bill of Complaint named on the other part in consideration of two thousand five hundred // pounds therein mentioned to be by them paid unto the said Earl did bargain and sell all the lands tenements and hereditaments in the Bill mentioned to be in Guildford // Stoke the parish of St Nicholas Compton and Worplesdon to the said Heneage FINCH esquire, John PRESTWOOD and Henry PRATT and their heirs which deed is enrolled in // this Court as this defendant believeth. And in another indenture of the same date made between the same parties and sealed and delivered together with the last mentioned // Indenture there is a provision to make void the first recited indenture upon payment of two thousand six hundred pounds at the end of six months then next following // (as by the last mentioned deed) (if it be produced) this defendant believes it will appear. And this defendant saith she believes the before mentioned Mortgage and deed were // made only in color and not money there upon really lent but were made to the persons before named and their heirs in trust for the said Earl of Dirleton and such // person and persons as he should dispose the same to. And this defendant further saith that she believes the said Earl of Dirleton by deed enrolled likewise in this // Court date the seventh day of May aforesaid and by another deed of the same date sealed and delivered together therewith did convey the Manor of // Wanborough and Kidlands and all the premises (not conveyed by the first mentioned deed) unto William WESTON Esquire in the Bill named and his heirs // Upon condition to be void upon payment of two thousand five hundred pounds with interest at several days therein mentioned some of which days of // Payment as now past which two thousand five hundred pounds this defendant believes was really lent the said William WESTON unto the said Earl of // Dirleton and the last mentioned premises really Mortgaged for servicing thereof and the same are (as this defendant believes forfeited in the said // William WESTON for non-payment of the said Mortgage money according to the condition. And this defendant saith the said James Earl of // Dirleton being entitled to the trusts of the first mentioned to be conveyed premises and to the equity of redemption and trust also of the last mentioned // to be mortgaged premises and continuing in her possession of all and singular the premises and having an intention to settle all the said premises (other // than the said Manor of Kidlands upon this defendant for term of her life for her better support and maintenance to that purpose He the said Earl // of Dirleton by his deed under his hand and seal in the presence of [?] credible witnesses [?] that whereas the said Earl long before and settled estates // this defendant in his lands of Innerwicke and Thirde of Dirleton being within Scotland and considering that much of the rents of the said lands // might happen to be diminished by reason of the extraordinary [?] and [?] and well remembering the defendant’s constant continued love and affection to him // did for this defendant’s better support and comfort in her widowhood and for many other good causes him thereunto [?] cite and grant as an additional // [livelihood] to this Defendant over and above the rents and profits arising out of the lands of Innerwicke and Thirde of Dirleton. And those his land tenements // and hereditaments commonly called or known by the names of the Manor of Wanborough, Priory House of Guildford and Guildford Park with their appurtenances // lying and being in the County of Surrey (being the same premises so mortgaged and conveyed to the persons afore named). To have hold and enjoy the // said Manor, Priory Park and appurtenances during the term of this defendant’s natural life to this defendant and her assigns without any manner of trouble // let molestation or interruption whatsoever as the said deed ready to be produced to this Honourable Court more [?] may appear by [?] // whereof and by other writings under her hand and seal of the said Earl her late husband this defendant is advised [..] // Well entitled to the equity of the said Manor Priory Park and premises and the redemption […] // Life accordingly [..] the said James Earl […] // That the said Complainant Diana Lady Cranbourne and Elizabeth […] // Earl of Dirleton and are entitled […] as this defendant [?] to the equity of the reversion of the premises so settled on this defendant and to the // Equity of the redemption of the said […] and other the lands mortgaged as aforesaid all the said Manor and lands being charged // [?] this defendant’s title of Dower and ought as this Defendant […] advised to contribute with this defendant accordingly to the value of their // respective [..] the said Manor and premises for Mortgage […] William WESTON as is aforesaid if they will receive any // benefits there after the […] this defendant. And this defendant denies that [?] or any other of [the] persons in the Bill named to her knowledge // do set on foot any other estate […] the premises by the said Earl of Dirleton then is afore mentioned or that any of the said Mortgagees have // made any estate to this Defendant or any other person or person to her knowledge but this defendant [?] they [?] compelled to answer the [same?] // [?] this defendant according to the said declaration intention and settlement of the said Earl of Dirleton and the Complainants to [?] in payment the // mortgage money to [..] the said mortgaged premises or otherwise that this defendant shall be admitted to redeem the same and // to hold the premises for satisfaction of the monies she shall pay the redemption thereof over and above the estate therein to her appointed as // aforesaid. And this defendant denies that there is or ever was any money in her hands to redeem the premises or any part thereof (other // than what is her own) neither doth this defendant know that there is any in the hands of any other person or persons for that purpose// Without that that any other matter or thing contained in the said Bill of Complaint material or effectual in Law for this defendant // to answer unto and not in and hereby well and sufficiently answered confessed avoided transversed or denied is true. All which matters and // things she this defendant is ready to [?] prove as this Honorable Court shall [?] and humbly prays to be from [?] dismissed with // her reasonable costs and charges in this behalf most wrongfully sustained. //
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Call to Answer to Robert EXALL Etc.
[..] of the liberty of England by the authority of Parliament. To John WESTBROOK, John LOUNDER, John MONGER, Ponnings MONGER Richard // […]WATTS greeting whereas Charles Lord CRANBOURNE and his wife have exhibited their Bill of Complaint before //
[?] Court of Chancery against Robert EXALL, John CELLER, Richard HARWOOD, Christopher // HARWOOD, James BROMFIELD William GILLAM, William LANY, Walter REED, Thomas COBBETT, Thomas COOKE and John GILLAM defendants. And whereas we have by your writ lastly commanded the said defendants that they should appear before // […] at the Court of Chancery at a certain day now past to answer the said Bill know the that we much relying on your [?] fidelities do hereby // [..] unto you or any two or more of you full power and authority diligently to examine the said defendant upon the matter of the said Bill then // [?] whereof we send you have enclosed. And therefore we command you or any two or more of you that at such certain time and // place as you shall appoint for [?] hereof you got to the said Defendant (if they cannot conveniently come unto you and diligently //
examine them upon their upon their Corporal oaths to be taken before you or any two or more of you upon the holy Evangelist touching // the matter of the said Bill. And that you receive the answered to be made thereunto and record the same into writing in parchment // And when you have so taken them that you the same distinctly plainly to us in the said Court of Chancery in three weeks after Michaelmas // next coming whereforever it shall be closed up under the seals of you or any two or more of you together with //[…] aforesaid and this writ witnessed ourselves at Westminster the eighteenth day of June in the year of our Lord 1651. [?].
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[Fold in document obscures some text – marked […]. Re-inspection of document at the National Archives may fill gaps]
Bill of Complaint of Charles Lord CRANBOURNE
To the Right Honorable Lord Commissioner for Custody of the Great Seal of England
1650
Humbly complaining showeth unto your Lordships your daily orator and Oratrix Charles Lord CRANBOURNE and the Lady Diana his wife. That whereas James // MAXWELL Earl of Dirleton in Scotland deceased (father of your Oratrix the Lady Diana) was in his life time seized in fee of the Manor of Wanborough, Priory House of Guildford and Guildford Park with the appurtenances lying and being in the County of Surrey. And the Earl being thereof seized did about four years since as well by several indentures // of [demise in] writing as also by several leases parcel demise grant and to farm let for several terms of years and from year to year unto Robert EXALL, John CELLER, Richard HARWOOD // Christopher HARWOOD, James BROMFIELD William GILLAM, William LANYE, Walter READ, Thomas COBBETT, Thomas COOKE and John GILLAM respectively several parcels and quantities of the said // Park call Guildford Park and other lands and premises belonging to the said manor of Wanborough reserving by the said several and respective leases several yearly rents payable // yearly or at some other time unto the Earl of Dirleton his heirs executors administrators or assigns at some certain place on the said leases expressed and agreed […] // Several and respective leases the said several persons did enter into the several parcels of land thereby severally leased unto them and became thereof possessed […] // since the making the leases aforesaid. And your Orators further show that the said James MAXWELL Earl of Dirleton about a year since […] // Month of May last. After whose death Letters of Administration of the goods and chattels of the said Earl of Dirleton […]// Only issue of him the said Earl herein England which said Letters of Administration your Orator and Oratrix […] all the rents// Due and payable by the said parties before named and every of them upon their several and respective […] ought to be paid by the // Before mentioned persons and every of them respectively unto your orator […] of him the said Earl of Dirleton and all the // Rents due and payable by the said persons and every of them upon […] of Dirleton and due and [?] ought to belong unto your // Orator in right of his said wife as heir unto him […] Lordships that the said Robert EXALL, John CELLAR, Richard // HARWOOD Christopher HARWOOD, [James BROMFIELD William GILLAM, William LANYE, Walter READ], Thomas COBBETT, Thomas COOKE and John GILLAM having in their // Hands and unpaid[…] the death of the said Earl as also the several rents due at Michaelmas last past upon // The […] refuse to pay the same. But by combination amongst themselves do endeavour to defeat your Orator and // [Oratrix] […] that your Orator and Oratrix cannot produce the Counterparts of such leases are in writing or prove the leases // […] by the rules of the Common Law of England. And they the said before named person and every of them do refuse to // […] they and every of them are by the said several leases bound to pay or to pay the same accordingly. In tender consideration whereof and for // […] not the counter parties of the said leases in writing nor can come by the same nor can prove the leases parcel not knowing the witnesses thereunto // […] for the recovery off the said rent at the Common Law in respect of the said Earl of Dirleton dying in Scotland they having not as yet gotten into their hands or custody the writings // belonging unto him by reason whereof your Orator and Oratrix be absolutely without remedy at law or otherwise save only by a course of Equity in this Honourable Court. To the end therefore that // the said Robert EXALL, John SELLAR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD, William GILLAM, William LANY, Thomas COBBETT, Thomas COOKE and John GILLAM and desire // of them may severally and respectively upon their corporal oaths answer the premises as set forth discover what lease or leases they or any of them have from the said Earl //of Dirleton of what lands in particular and what rent or rents is referred thereupon and what and how much rent is in arrears and unpaid by them or any of them upon // the same and that they and every of them respectively may by the order and decree of this Honourable Court be compelled to pay the same to your Orator and Oratrix according // to equity and good conscience. May it please your Lordships the premises considered to grant unto your Orator and Oratrix writs of subpoena to be directed // unto the said Robert EXALL, John SELLER, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD, William GILLAM, William LANY, Walter READ, Thomas COBBET, // Thomas COOKE and John GILLAM thereby commanding them and every of them by a certain day and under a certain pain [?] to be limited to [?] and // appear before your Lordship in the Court of Chancery and further to stand and abide such order judgement and decree touching all and every the // said premises as to Lordships in equity and good conscience shall seem meet and just. And your Orator and Oratrix shall Pray. // John JOHNSON.
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Further Joint and Several Answers of Robert EXALL etc.
The further joint and several answers of Robert EXOLL, John SELLAR, Richard HARWOOD, Christopher HARWOOD, James BROMFIELD William GILLAM, Walter READ, Thomas COBBETT, Thomas COOKE and John GILLAM defendants to the Bill of Complaint and exceptions of trial Lord Cranbourne and the Lady Dianna his wife Complainants
All said defendants and every of them saving to him and themselves now and at all times hereafter all advantage and benefits of exception to the uncertainties and insufficiencies of the said Bill of // [Complaint?] as in their former answers they have saved and reserved although they are advised by their Counsel learned that they have already sufficiently answered the Complainants Bill yet for the said Complainants’ // further satisfaction in the [premises?] excepted unto and to prevent further trouble to this Honorable Court and to these defendants They these defendants say and each of them for [?] severally and apart from each other saith // as following.
And this the defendants EXALL and John SELLOR for themselves say that by indenture bearing date the twentieth day of March in the three and twentieth year of the reign // the late King Charles over England made between James Earl of DIRLETON by the name of James MAXWELL esquire of the one part and [?] defendants Robert EXALL and John SELLAR of the // other part the said Earl did demise let and to farm let to [?] last named defendants six closes or parcels of land and pasture with the appurtenances called Grostle lands containing by estimation three score and seventeen acres be the same more or less and a barn thereupon standing in the parish of St Nicholas in the county of Surrey from Michaelmas then last past for seven years at the yearly // rent of forty six pounds four shillings payable to the said Earle his heirs and assigns at the feasts of the annunciation of the blessed Virgin Mary and of St Michael the Arch Angel by equal portions [?] […] the Capital // Messuage called the [Friary?] in Guildford aforesaid.
And further the said defendant John SELLAR for himself saith that in and by an indenture bearing the date the twentieth day of March in the three and twentieth year of the // said late Kings reign made between the said Earle of the one part and this defendant John SELLAR of the other part the said Earl did demise to this defendant all those two closes or parcels of land and // pasture containing by estimation nine acres lying and being in Worplesdon in the said county of Surrey from Michaelmas last past for seven years at the yearly rent of five pounds eight shillings // payable to the said Earl his heirs and assigns at the Capital Messuage aforesaid at the feast of the Annunciation and of St Michael the Arch Angel aforesaid.
And [?] said defendant Richard // HARWOOD for himself saith that in and by an indenture bearing date the twentieth day of November in the two and twentieth year of the said late Kings reign made between the said Earl by the name // of James MAXWELL esquire one of the part and this defendant of the other part that the said Earl did demise unto this defendant all those five closes or parcels of land and pasture with the appurtenances in Worplesdon aforesaid // Whereof containing eight acres another fifteen acres another eight acres , another nine acres, another nine acres and a half from Michaelmas last past for seven years at the yearly rent of twenty // Nine pounds fourteen shillings payable therefore to the said Earl his heirs and assigns at Lady Day and Michaelmas at the Capital Messuage aforesaid by equal portions.
And the said Defendant Christopher HARWOOD // For himself saith that in and by an indenture bearing date the twentieth day of November in the two and twentieth year of the said late Kings reign made between the said Earl by the name of // James MAXWELL esquire of the one part and this defendant of the other part the did demise unto this defendant All those three closes or parcels of land and pasture with the appurtenances containing by estimation // Twenty acres lying and being in Worplesdon aforesaid in the said County of Surrey from Michaelmas last past for seven years at the yearly rent of thirteen pounds and three shillings payable // to the said Earl his hers and assigns at the Capital Messuage aforesaid at the feast of the Annunciation and of St Michael the Arch Angel aforesaid by equal portions.
And the said Defendant // James BROMFIELD for himself saith that in and by an indenture bearing date the twentieth day November in the two and twentieth year of the reign of the said late King made between // the said Earl by the name of James MAXWELL esquire of the one part and this defendant of the other part the said Earl did demise unto this defendant All those five closes or parcels of land and pasture with // the appurtenances containing by estimation one and twenty acres lying and being next Worplesdon Wood in the said County of Surrey from Michaelmas then last past for one and twenty years at the yearly rent of // Thirteen pounds four shillings payable to the said Earl his heirs and assigns at the at the Capital Messuage aforesaid at the feast of the Annunciation and of St Michael the Arch Angel aforesaid.
And // the defendant Thomas COBBET for himself saith that in and by an indenture bearing date the twentieth day of November in the two and twentieth year of the said late Kings reign // made between the said Earl by the name of James MAXWELL esquire of the one party and this defendant of party the said Earl did demise unto this defendant all those closes and parcels of land and pasture // containing by estimation seventeen acres and lying and being in Worplesdon aforesaid in the said county of Surrey from Michaelmas then last past for seven years at the yearly rent of ten pounds and // seven shillings payable to the said Earl his heirs and assigns at the Capital Messuage aforesaid at the feast of the annunciation of St Michael the Arch Angel aforesaid by equal portions.
And the // said defendant John GILLAM for himself saith that in and by indenture bearing date the twentieth day March in three and twentieth year of the said late King’s reign made between the // said Earl by the name of James MAXWELL esquire of the one party the said Earl did demise unto this defendant all those two closes or parcels of land and one containing // by estimation fifteen acres and the other seven acres lying and being in Stoke and all the parcel of meadow called the Great Meadow containing by estimation fifteen acres lying and being in Stoke aforesaid in the said // county of Surrey from Michaelmas then last past for seven years at the yearly rent of forty-two pounds ten shillings payable to the said Earl at the Capital Messuage aforesaid // at the said feasts of the annunciation and of St Michael the Arch Angel equally.
And the defendant William GILLAM for himself saith that this defendants lease was [?] to writing but never sealed // and was by the said Earl agreed to be made of certain lands called the Fox Berries and the Goose lakes parcel of Guildford Park and was to begin from Michaelmas in the two and twentieth// Year of the reign of the late King Charles and to continue for seven years at the yearly rent of twelve pounds and twelve shillings payable at our Lady Day and Michaelmas equally at the place aforesaid.
And this // Defendant Walter READ for himself saith that this defendants lease was reduced to writing likewise but was not sealed and was by the said Earl agreed to be made of certain land parcel of Guildford Park containing // about eighteen acres from Michaelmas in the said two and twentieth year of the said late Kings reign for eleven years at the yearly rent of ten pounds sixteen shillings payable at the feasts // and place aforesaid.
And the said Thomas COOKE for himself saith that this defendant’s lease was reduced to writing likewise but was not sealed and was by the said Earl agreed to be made of certain // lands called Wanborough Coppice [?] and certain arable grounds thereunto belonging from Michaelmas one thousand six hundred forty-eight as the defendant [?] and was to continue one and twenty // Years at the yearly rent of forty two pounds but the defendant not agreeing to the said rent […] this defendant [but?] but forty pounds per annum for the same on // [Account?] respectively these defendants shortly after [?] […] Lady Day last past before the death of the said Earl which all these // Said rents as administrators to the said Earl in right of the Lady Dianna which [?] these defendants say hath since by virtue of a commission of Appeal directed to diverse judges delegates [?] names // Been recorded as unduly granted to the Complainants so as they have [?] these defendants rent without any [?] title as these defendants are advised and have made these defendants liable to many // Suits and troubles by reason thereof.
And the said defendant READ saith that he hath paid his half years rent to the Countess of DIRLETON to [?] [?] the same doth belong to the Complainant Letter // Of administration being records and he satisfied that the said Earl of DIRLETON made a Will and the said Countess his executrix. And each of these defendants other than the defendant COOKE for himself saith // That their rents grown due since the Earl’ death vitz at Michaelmas and at one Lady Day last past they the said defendants have paid and secured to pay to the said Countess of DIRLTON to [?] the same // Lands leases to these defendants are conveyed and to upon the rents by law do belong as these defendants and by their learned Counsel […] advised and the complainants // have no title thereunto at all as these defendants do conceive. And the said defendants COOK for himself saith that he hath paid his rents grown due since the Earl’s death to wit [..] // Esquire to whom the said lands [?] mortgaged and forfeiting and to whom this defendant is liable by law to pay the same as he by his Counsel is advised. And each of these […] // Severally saith that [?] no other lands of the said Earl by lease or otherwise or in any other manner than is before set forth without […] // [?] Bill of Complainant contains material or effectual in the law for the said defendants to answer unto and not in and hereby well and full […] // [?] All which matters and things these defendants are ready to [?] and prove as this Honourable Court shall answer […] // […expenses and charges] in this behalf most wrongfully sustained. //
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