National Archives file C9/186/79
To the Right Honourable Sir Nathan WRIGHT Knight Lord Keeper of the Great Seal of England.
26 January 1703
Humbly complaining showeth unto your Lordship your Orator James CLIFTON of Shere in the County of Surrey Gentleman Administrator of the Goods Chattels and personal estate of Jane // CLIFTON late of Worplesdon in the said County of Surrey Widow deceased that Henry CLIFTON late of Worplesdon aforesaid Gentleman also deceased in his lifetime become bound unto the said James CLIFTON // In one penal bond or obligation of the penalty of four hundred pounds bearing date eleventh day of April Anno Domini one thousand six hundred and sixty three [1663] conditioned for his true // payment of the sum of one hundred forty and three pounds of lawful English money on the feast of saint Michael the archangel then next ensuing and also one hundred and forty three // pounds of like money on the feast of the annunciation of the blessed virgin Mary next ensuing the date thereof by the said Bond or obligation in your Orators custody ready to be produced // to this Honourable Court to which your Orator certainly refers himself will more fully and at large. And your Orator further showeth that the said Henry CLIFTON at the time // of his entering into the said Bond was and so continued to the time of his death seized in his demeasure of fee simple or some other good estate of inheritance of and in diverse messuages lands // tenements hereditaments in Worplesdon aforesaid or elsewhere of the yearly value of one hundred pounds and upwards and also was possessed of a good and plentiful personal estate consisting // in ready money plate jewels rings and of and in great quantities of household goods and utensils belonging to household and husbandry and of and in diverse horse oxen cows sheep and // other cattle and diverse quantities of corn grain and hay and of and in diverse debts and sums of money due to him upon specially particularly the sum of one thousand pounds due to // him the said Henry CLIFTON from Richard LEE of Sutton in the County of Surrey yeoman being the marriage portion of Mary his wife who was the sister of the said Richard LEE and also of and // in diverse sums of money due to him for arrears of rent and diverse other goods and chattels of a considerable value sufficient to have paid his debts with an over plus and being so seized // and possessed died intestate without having paid the said several sums of one hundred and forty-three pounds and one and forty-three pounds so due on the said bond as aforesaid // Immediately after whose death Henry CLIFTON eldest son of the said Henry CLIFTON and the said Richard LEE or one of them entered into all and singular the said messuages lands and hereditaments // And also the said Henry CLIFTON hath lately obtained letters of administration of the personal estate of the said Henry CLIFTON his father to be in due form of law granted unto them and // by virtue and under colour thereof (amongst other the said intestator’s goods chattels personal estate rights and credits) have received or might have received of and from the said // Richard LEE the sum of five hundred pounds of lawful English money which became due to the estate of the said Henry CLIFTON upon the death of Mary LEE mother of the said // Richard LEE being not payable till that time by the marriage articles made between the said Henry and Mary CLIFTON and Mary LEE and ought to pay and satisfy your Orator // the said several sums of one hundred and forty-three pounds and one hundred and forty-three pounds with interest for the same from the time it became due by virtue of the said // Bond as aforesaid but now so it may please your Lordship that the said Henry CLIFTON though he hath assets in his hands and although he had notice of the said Bond and // Although he hath been often thereunto requested in a friendly manner doth utterly refuse to pay to your Orator the said several sums of one hundred and forty-three pounds and // one hundred and forty-three pounds and interest so due as aforesaid but designing and intending to defeat and defraud your Orator
and confederating himself with the said Richard LEE they the said confederates do now pretend and give out in speech that the said Henry CLIFTON did not die seized // of any estate of inheritance subject to the payment of your Orators debts but that the same was settled and entailed on the said Henry CLIFTON freed and discharged of all encumbrances // and also that the said Henry CLIFTON died greatly indebted to diverse other persons upon judgements statues and other debts of higher nature and quality than your Orators debt // and that they have long since fully [?] the said estate by the payment thereof [?] they well know and your Orator doth expressly charge the truth to be that there is // now remaining in the hands of the said Henry CLIFTON which he hath received or might have received of the said Richard LEE the sum of five hundred pounds of lawful // English money which became due to the estate of the said Henry CLIFTON upon the death of Mary Mother of the said Richard LEE being not payable till that time by // the marriage articles made between the said Henry and Mary CLIFTON aforesaid. And in further prosecution of their said designs the said confederates do refuse to // account of the said personal estate of the said Henry CLIFTON that came to their hands and whether the said five hundred pounds due from the said Richard LEE as aforesaid is paid // to the said CLIFTON or what other assets they now have for the satisfaction and payment of your Orators debt to give or make any account or discovery to your Orator of or // concerning all or any of the premises contrary to right equity and good conscience in tender whereof and for that your Orator hath now relief in the premises // By the strict rules of the common law and causes and matters of this nature are most [?] relieveable before your Lordship in this Honourable Court where your Orator hopes that // The said Henry CLIFTON and Richard LEE will upon their corporal oaths set forth and discover the truth of all and singular the premises your Orator witnesses that should // prove the same being either dead or removed to parts beyond the sea or unknown to your Orator. To the end therefore that the said Henry CLIFTON and Richard LEE // may upon their respective corporal oaths true and perfect answer and account make and give of and to all and singular the premises aforesaid if they were // thereunto respectively particularly interrogated and more especially whether there did not become due to the estate of the said Henry CLIFTON the sums of five hundred // pounds by the death of the said Mary LEE and whether the be not paid to the said Henry CLIFTON the son as [?] to his father and also may set forth and discover // What estate the said Henry CLIFTON died sized or possessed of or interested in or entitled unto and in what particulars the same consisted and how he same hath been // applied and where the remainder now is and that your Orator may have a full and perfect discovery and account of the said Henry CLIFTON’s real and personal estate // And that your Orator may be paid there out what is justly owing to him from the said Henry CLIFTON and your said Orator may be relieved in all and singular the said // premises according to equity and good conscience. May it please your Lordship the premises considered to grant unto your Orator her Majesty’s most gracious writ or // Writ of subpoena issuing out of any and under the seal of this high and honourable court of Chancery to be directed to the them the said Henry CLIFTON and Richard LEE // and the rest of the confederates when discovered thereby commanding them and every of them at a certain day and under a certain pain and penalty therein to be // Limited personally to be and appear before your Lordship in this most High and Honourable Court of Chancery and then and there upon their several respective corporal set forth and discover all and singular the premises. And further to stand to abide by and perform such // further and other order and decree [?] to your Lordship’s [?] wisdom shall seem meet and agreeable to equity and good conscience and as your // Lordship shall seem meet. And your Orator as in duty bound shall ever pray. //
Answer of Richard LEE
The answer of Richard LEE one of the defendants to the Bill of Complainant of James CLIFTON Complainant
This defendant saving to himself all advantage of exception to the insufficiencies of the bill of Complainant for answer thereunto or so much thereof as the defendant advised is material for // for him to answer unto. He answers and confesses that there was a marriage had between Henry CLIFTON in the bill named father of the other defendant Henry CLIFTON and Mary LEE this // defendant’s sister and that upon and before the said marriage he the said Henry CLIFTON deceased in consideration of the intended marriage and of the sum of five hundred pounds then paid him as part of the // marriage portion of the said Mary and of the further sum of three hundred pounds to be paid him upon or soon after the death of Mary LEE this defendant’s mother did by good assurance // in the Law settle and assure diverse lands tenements in Worplesdon in the County of Surrey for the jointure of her the said Mary this defendants sister in the reversion thereof // to the use of and for the benefit of the issue in [?] of him the said Henry CLIFTON on the body of her the said Mary LEE to be begotten. And this // defendant doth confess that he upon the said marriage and in consideration thereof did become bund unto the said Henry CLIFTON the father in a Bond of the penalty of six hundred pounds conditioned // to be void on the defendant’s payment to the said Henry CLIFTON of the said sum of three hundred pounds within some short time after the death of Mary LEE widow this defendant’s mother being the residue of this // defendants sister portion. And this defendant saith that he believes that the said mother died about three years since but this defendant saith that the said Henry CLIFTON the father having pressing occasions // for money he earnestly importuned this defendant to advance and pay the said sum of three hundred pounds unto him the said Henry CLIFTON in the lifetime of this defendants mother and before the same // became due whereupon this defendant at the several instance and request of him the said Henry CLIFTON did come to an agreement with him that he this defendant should advance and pay the said sum of // Three hundred pounds to the said Henry CLIFTON with life time of the defendant said mother. And that he the said Henry CLIFTON cancel or destroy the said Bond of six hundred pounds penalty and should // pay interest to this defendant for the said three hundred pounds until such time as the said three hundred pound would have become payable avoiding to the condition of the said Bond [?] // It was agreed between them to that or the like effect. And this defendant saith that in pursuance of the said agreement he did pay to and for him the said Henry CLIFTON the father and by his direction // the said sum of three hundred pounds. And this defendant believes he the said Henry CLIFTON did cancel the said bond // but this defendant saith the said Henry CLIFTON being his brother in law and living in great [?] with this defendant he this defendant did not // take such care as to be up the said bond how be it after the death of him the said Henry CLIFTON the said bond was found cancelled amongst his papers and this defendant denies that he ever // was in debted to the said Henry CLIFTON the father in any sum of money whatsoever or in or by any security whatsoever otherwise then by the said bond which was so paid off and cancelled // as aforesaid. And this defendant saith that after the death of the death of the said Henry CLIFTON the father he did assist his nephew the other defendant Henry CLIFTON in the looking after and directing the management // of his lands and tenements which after father’s death descended or came to him by virtue of the said marriage settlement. But this defendant denies that he ever [?] into any lands or tenements // Whatsoever that were of the said Henry CLIFTON the father save as a foresaid. And this defendant saith that he does not know or believe that the said Henry CLIFTON died possessed of any goods or // chattels whatsoever but saith that he hath heard and believes that all his the said CLIFTON goods and chattels were some time short before his death taken in execution at the suit of // George WOODDCROFT Knt. How be it this defendant denies that any of his the said Henry CLIFTON the further goods or chattels whatsoever came to the hands possession or power of him this defendant // or any other by or with his order privity or consent or for his use other than some small value of goods which this defendant ought of George WOODCROFT before produced. And this defendant saith that he doth not know that the said Henry CLIFTON deceased did ever become bound to Jane CLIFTON his mother // in the bill named in any bond whatsoever to pay any money whatsoever nor doth this defendant know of any lands that descended from him the said Henry CLIFTON to the other defendant Henry // CLIFTON his son fee simple other than three acres of land in Worplesdon aforesaid which was left at three pounds per annum and half an acre in fee in the parish of Yately in the // County of Southampton [Hampshire] which as this defendant hath heard and believes) hath been sold by the other defendant Henry CLIFTON for the sum of twelve pounds. And this defendant denies all unlawful // Combination or confederacy in the bill charges against him without that that any other matters cause or thing in the complainant’s said Bill contained material or effectual in the law for him this defendant to make answer unto and not herein and hereby before well and sufficient answered unto confessed and avoided travsed or denied is true to the knowledge of him // this defendant all which matters and things this defendant is ready to [?] maintain and prove as this most Honourable Court shall award and therefore humbly prayeth to be hence dismissed // with his reasonable costs and charges in this behalf most wrongfully sustained.
R ACHERLEY
Richard LEE.
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