National Archives C8/102/251
Contents
Complaint of William WESTON.. 1
Plea of Lord CRANBOURNE and Diana his wife. 2
Answer of Lord CRANBOURNE and Diana his wife. 3
1650/1651
Humbly complaining showeth unto your Lordship your Orator William WESTON of London esquire that the Right Honourable James Earl of DIRLTON in Scotland now deceased being in his life time lawfully seized in demesne as // […] in the manor rectory and farm of Wanborough with the appurtenances and diverse other lands tenements and hereditaments in the County of Surrey and of the Manor of Ridlands in the County of Northumberland and // having a pressing occasion to use monies about the month of May which was in the year of our Lord God one thousand six hundred forty nine [1649] did borrow of your Orator the some two thousand five hundred pounds of lawful // money of England and for security of payment thereof with interest at several times agreed upon did by did indented acknowledged and Enrolled in the High Court of Chancery bearing date on or about the seventh May of the same // month of May convey the said Manors and premises with the appurtenances to Orator and his heirs upon condition of redemption upon payment of the said two thousand five hundred pounds with interest at [?] days mentioned [?] // [?] indenture of the same date ready to be produced as thereby may appear [?] days of payment are past and the said monies have not been paid but the same are still due to Orator and [?] the said premises and // forfeited and became at [?] your Orator who ought to have the possession of the premises and to receive the rents issues and profits thereof accordingly. But so it may please your honors that the said James Earl of Dirleton [?] // […] Elizabeth Countess of Dirleton his relict and the Lady Diana now wife of the Right Honourable Charles Lord CRANBOURNE and Elizabeth now wife of William Duke of HAMILTON in Scotland his daughters and [?] they the said // Elizabeth Countess of Dirleton and the said Lord CRANBOURNE Lady Diana his wife Duke of HAMILTON and the Lady Elizabeth his wife have combined and confederated themselves together with Richard BLAGRAVE and Richard OLAVE who pretended that [?] and [?] // the premises or some part thereof by lease made by the said Earl of Dirleton in his life time and with other the tenants of the premises and with one Richard [?] how to defeat and deceive your Orator of his estate in the premises and to [?] the same for [?] // and to that end and purpose the said confederates some or one of them or some other person or persons to their, some or one of their use hath or have gotten into his her their some or one of their hands and custody all the deeds [?] and // writings which [?] the premises and also both parts of the residual leases thereof made to the said tenants and do detain and keep the same from your Orator to whom the same do properly belong and to whom the said // James Earl of Dirleton did covenant after default of payment of the said monies the same should be delivered by the said persons being [?] executors or administrators to him and do refuse to deliver the same to your Orator but have by // [?] thereof entered upon the premises immediately after the death of the said James Earl of Dirleton which was about April last past and have ever since not only taken and received the rents issue and profits thereof to a great // value but have already and do duly cut fell and sell all the timber and woods growing on the premises and convert the same to their own uses to the other wasting and destroying of the premises contrary to the covenants of the // [?] thereof made to the said [?] thereof and contrary to law also and to the weakening of your Orator’s security. And for the better colouring of their doings they do pretend that the said James Earl of Dirleton had not // Such estate in the [?] as aforesaid or power to the same on your Orator as aforesaid but that the same was by him conveyed to them before [?] in truth the said Earl made no [proving?] conveyance of the premises to them // [?] or any of them and at other times they pretend your Orator’s mortgage was no new Mortgage nor any money lent thereupon whereas they know the contrary to be true and at other times they seem to allow of // your Orator’s title and pretend they will pay your Orator his money but to [intricate?] your Orator. Of late the said confederates pretend several rights and title in equity to the redemption thereof the said Lord CRANBOURNE // Duke HAMILTON and their [ladies?] May [?] the same as Coheirs to the said Earl and the said Countess of Dirleton claiming the same by some deed or declaration to her made of the premises for life by the said Earl and // the said [?] [?] exhibited several Bill in this Honourable Court against your Orator touching the redemption of the premises upon their said pretended title so as by this meant your Orator is ignorant to which of the // said persons to [?] the same [?] doings of the said confederates are as you Orator suffered by combination to delay your Orator that they may in the meantime keep the possession receive the rent and sell and // dispose of the timber and wood contrary to the covenants and conditions of the leases thereof made and contrary to the Law which they do continually proceed to do. And the tenants refuse to pay their rents to your // Orator who only hath right to receive the same knowing that your Orator hath no remedy for the same by Law for [?] of the deed evidence conveyance and counter part of the said leases which the said confederates // do [?] and by [?] thereof have made and [?] diverse secret estate of the premises to your Orators [?]. As which doings of the said confederates are to the [great?] wrongs and injury of your of your Orator // And are contrary to all right equity and good conscience. In tender consideration whereof and for assurance as your Orator hath no remedy in the premises by law either to recover the said rent or to [?] the said // [?] for [?] of the said leases deeds [?] and writings an hath no means to discover the same and what estate any of the said confederates claim in the premises either as tenants or otherwise. // And for which tenure under what rent and covenant but by this Orator in this Honourable Court where your Orator prayeth they may discover the same. And for [?] as your Orator hath no other way to discover // to which of the said persons the equity of redemption of the premises doth appertain and to enforce him her or them to whom the same doth belong to redeem the same but by the [?] of this Honourable // Court. To the […] the said confederates may answer all and singular the premises. May account to your Orator and pay the rent and profits by them received or from them due for the premises // may be stayed by the [injunction?] of this Court from selling timber or wood contrary to the covenants of their leases and the law and that the person and persons to whom the Judgment of this Court the equity // of Redemption of the premises [?] appertain may forthwith redeem the same or be decreed to make absolute answer thereof to your Orator and to deliver the deeds writings leases and evidence to // your Orator and that your Orator may in all and singular other the premises according to right equity and good conscience. May it please your Honour to grant unto your Orator writ of // subpoena [?] the seal of this Honourable court to them the [?] Countess of Dirleton, Charles Lord CRANBOURNE, the Lady Diana his wife, William Duke HAMILTON the Lady Elizabeth his wife, Richard BLAGRAVE and Richard WATTS to be directed thereby commanding them and every of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in the High Court of Chancery and there to answer the premises and to stand to // and abide such order and direction therein as unto your Lordship shall […] agreeable to right equity and good conscience. And your Orator as in duly [?] shall prayeth.//
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Plea of Lord CRANBOURNE and Diana his wife
The plea of the Right Honorable Charles Lord CRANBOURNE and the Lady Diana his wife two of the defendants to the Bill of Complaint of William WESTON of London Esquire, Complainant.
The said defendants by protestation not confessing any of the articles matters or things in the Bill of Complaint se forth to be true // oe effectual in the law, for them this defendants to make answer unto in such [?] [?] and found as the is thereby alledged for // plea thereunto to they this defendants say that the [?] mof the Bill being to have them this defendants and the defendant the Countess of Dirleton and // the defendant Duke Hamilton in Scotland and the Lady Elizabeth his wife in the Bill named to redeem the Manor and lands and // premises therein mentioned which were mortgaged unto the said Complainant by James Earl of Dirleton in his life time also in the Bill named // [?] appears by the Complainant’s own showings that the said James Earl of Dirleton is dead and left the defendant Dianna now wife to // Defendant Charles Lord CRANBOURNE and Elizabeth now wife unto Duke Hamilton in Scotland his daughters and co-heirs. And these [defendants?] // say that the commission for Compounding with delinquents and managing all estates under sequestration have passed one moiety of the said // manor lands and premises as belonging to the said Lady Hambleton as co-heirs to her said father to be sequested for the case of the // Commonwealth for the Delinquency of the said Duke Hambleton, her now husband and thereupon the Commonwealth is in actual possession // of the same and [?] therein as to the said moiety and made no party to this suit and therefore in respect the answers of them // this defendant might possibly lend to the precedence of the state in this particular they do humbly demand the judgement of this Honourable // Court whether or not they should be compelled to make any further or other an [?] unto the said Bill of Complaint until such time as // such offices of the Commonwealth […] be made acquainted therewith and parties [?] unto. All [such?] matters // and things left default do [?] and are ready to maintain [?] and prove at this Honourable Court shall award. //
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Answer of Lord CRANBOURNE and Diana his wife
The joint and several answers of Charles Lord CRANBOURNE and the Lady Diana his wife two of the defendants to the Bill of Complaint of William WESTON Esquire, Complainant.
The said defendants saving to themselves all benefit of exception to the [?] and insufficiencies in the said Bill of Complaint contained for full answer to so much there as // his answer concerns them this defendants to make answer unto they say that they do believe it to be true that James Earl of Dirleton in the Bill named (the defendant) the Lady // Diana’s Father was in his life time lawfully seized in his demeasure as fee of and in the Manor rectory and farm of Wanborough with appurtenances and of other // lands and tenements in the County of Surrey and of the Manor of Kidlands in the County of Northumberland. But whether the said Earl of Dirleton had pressing occasions to use money about May one thousand six hundred forty nine [1649] these defendants do not know how be it so they say that they have heard and do believe it to be true // that the said Earl about that time did [borrow?] of the Complainant the sum two thousand five hundred pounds and did for security of repayment of the same by deed dated // about the time in the Bill mentioned enrolled in this Honourable Court convey the said Manor Lands and premises in the Bill mentioned unto the complainant and his heirs upon // condition for the redemption as by the said Bill of Complainant is set forth and declared and that the days of payment in the said condition are past and that the monies have not // been paid according to the same but are still due unto the and that Complainant and the said manor and premises in strictness of Law are forfeited. And they these defendants do confess // that the said James Earl of Dirleton is since dead and hath left Elizabeth Countess of Dirleton his relict and the defendant the Lady Diana and Elizabeth now wife of the late Duke Hambleton in // Scotland his only daughters and co-heirs but they these defendants do absolutely deny that they or either of them combined or confederated themselves or either of them with Richard // BLAGRAVE and Richard [?] or either of them tenants to the premises or part thereof or with any other person or persons whatsoever to defeat or deceive the complainant of the [?] // in the premises [?] the same unto themselves or have gotten unto their or either of their hands or custody or into the hands and [?] of any to their knowledge all or any of the // [?] [?] or writings [?] concern the premises or any part thereof or both parts of the several leases [?] made by the tenants aforesaid and do detain keep the same // from the complainant or do refuse to deliver the same but these defendants do confederated after the death of the said Earl of Dirleton they not knowing of any mortgage made of the said // Premises or any part thereof by the said Earl in his life time not [?] or concerning any such thing the said Earl being with [?] to be a mon not likely to borrow money // [?] [?] to mortgage any part of his estate. This defendant the Lord CRANBOURNE might of his […] inheritance the said Earl whether said other sister did enter in the Manor // Lands and premises in the Bill mentioned but not by any other [?] or […] And ever since hath till Michaelmas one thousand six hundred and fifty [1650] taken // part of the issues and profits of Wanborrow farm but not to any great value. But hath received nor profits of Kidlands in [?] hath been [?] by the said // Countess of Dirleton and her agents as he concerneth but her this defendant hath not yet cut or felled any timber trees growing upon the premises or any part thereof // though he contrieveth the same is lawful for him to so, the [complainant?] [?] being satisfied and paid such monies as are justly due unto him upon the said Mortgage // And these defendants say they do not know any thing to the contrary but that the said Earl of Dirleton had a good estate in the premises at the time of the making of the said // [conveyance?] unto the Complainant and good power to make and execute the same unto him the said Complainant nor do they know that the same was conveyed before unto them these // Defendants or any other person or persons whatsoever But these defendants do verily believe and so hope to prove that the monies so lent by the complainants // [?] [?] of the said premises as in the Bill is set forth was by the said Earl in his life time appointed to be paid in discharge of the said mortgage [?] by the // said Countess of Dirleton or some other by her privatity or knowledge in whose hands the money doth get [?] as they believe. And these defendants say that they are // informed by their counsel that they right in equity to the redemption of the premises as to one moiety in respect that the defendant the Lady Diana is Coheir // with the said other sister unto the said Earl of Dirleton their late father deceased but for what title or right the Countess of Dirleton or any doth make or set on [foot?] unto the // said premises concernetth not them these defendants in this their present answer (as they humbly conceive). And they do confess that they exhibited several // Bills in this Honourable Court for the redemption and settling of this of the premises according to their [?] right and title to the same. And these defendants do deny that they // or either of them [?] made or continued any [?] or others. Estates of the premises to the injury of the Complainants. And these defendants say // they are ready and will to pay unto the Complainant the monies due upon the said mortgage in such sort as this Honorable Court shall think fit if he the // said Complainant will thereupon convey unto them these defendants or to such as they shall nominate and appoint all and singular the said mortgaged premises // freed and discharged of all encumbrances done by him or any other claiming under him which offer they these defendants do make and will perform the same [for?] // such as this Honourable court shall appoint of the said Complainant shall think fit to accept of the same without that [?] any other matter or thing in the said Bill of Complainant // contained and not herein sufficiently answered transversed denied confessed or avoided All which matters and things they these defendants are ready to // Suffer and [prove?] as this honorable Court shall award pray for [?] to be dismissed with their costs and charges wrongfully sustained. //
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